which time the sayd Iustice Seate was called by adjournment the sayd Iohn Lord Finch then Lord Chiefe Iustice of his Majesties Court of Common Pleas and was one of the Iudges assistants for them he continued by further unlawfull and unjust practices to maintaine and confirme the said verdict and did then and there being assistant to the Iustice in Eyre advise the refusal of the traverse offered by the County and all their evidences but onely what they should verbally deliver which was refused accordingly IV. That hee about the Moneth of November 1635. hee being then Lord Chiefe Iustice of the Common Pleas and having taken an oath for the due administration of Iustice to his Majesties Liege people according to the Lawes and statutes of the Realme contrived in opinion in haec verba when the good and safety c. and did subscribe his name to that opinion and by perswasions threats and false suggestions did solicite and procure Sir Iohn Bramstone Knight then and now Lord Chiefe Iustice of England Sir Humfrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer Sir Richard Hutton Knight late one of the Iustices of his Majesties Court of Common Pleas Sir Iohn Denham Knight late one of the Barons of his Majesties Court of Exchequer Sir William lones Knight late one of the Iustices of the said Court of Kings Bench Sir George Crock then and now one of the Iudges of the said Court of Kings Bench Sir Thomas Trevor Knight then and now one of the Barons of the Exchequer Sir George Vernon Knight late one of the Iustices of the said Court of Common Pleas Sir Robert Barkley Knight then and now one of the Iustices of the said Court of Kings Bench Sir Francis Crawly Knight then and now one of the Justices of the said Court of Common Pleas Sir Richard Weston Knight then and now one of the Barons of the said Court of Exchequer some or one of them to subscribe with their names the said opinion presently and enjoyned them severally some or one of them secresâ— upon their allegeance V. That he the fifth day of Iune then being Lord Chiefe Iustice of the said Court of Common Pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba c. And that he contrived the said questions and procured the said Letter from his Majesty and whereas the said Iustice Hutton and Iustice Crook declared to him their opinions to the contrary yet hee required and pressed them to subscribe upon his promise that hee would let his Majesty know the truth of their opinions notwithstanding such subscriptions which neverthelesse he did not make knowne to his Majestie but delivered the same to his Majesty as the opinion of all the Iudges VI. That hee being Lord Chiefe Iustice of the said Court of Common Pleas delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money that hee the said Master Hampdâ—n upon the matter and substance of the case was chargeable with the money then in question a Coppy of which proceedings the Commons will deliver to your Lordships and did solicite and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden and after the said Baron Denham had delivered his opinion for Master Hampden the said Lord Finch repaired purposely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet and after the said Master Baron Denham had declared and expressed his opinion urged him to retract the said opinion which hee refusing was threatned by the said Lord Finch because hee refused VII That hee then being Lord chiefe Justice of the Court of Common Pleas declared and published in the Exchequer Chamber and westerne circuit where he went Judge that the Kings right to Ship-money as aforesaid was so inherent a right to the Crowne as an Act of Parliament could not take it away and with divers malicious speeches inveighed against and threatned all such as refused to pay Ship-money all which opinions contained in the foure five sixth Articles are against the Law of the Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which said resolutions and petition of right were well knowne to him and resolved and enacted in Parliament when he was Speaker of the Commons house of Parliament VIII That hee being Lord chiefe Justice of the Court of Common Pleas did take the generall practice of that Court to his private Chamber and that hee sent warrants into all or many shires of England to severall men as to Francis Giles of the County of Devon Rebert Renson of the County of Yorke Attorneys of that Court and to divers others to release all persons arrested on any utlawry about 40. shillings fees whereas none by Law so arrested can be bailed or released without Supersedeas under seale or reversall IX That hee being Lord Chiefe Iustice of the Court of Common pleas upon a pretended suit begun in Michaelmas Terme in the 11. yeare of his Majesties Reigne although there was no plaint or Declaration against him did notoriously and contrary to all Law and Iustice by threats menaces and imprisonment compell Thomas Laurence an Executor to pay 19 pound 12 shillings and likewise caused Richard Bernard being onely over-seer of the last Will of that Testator to bee arrested for the payment of the said Money contrary to the advice of the rest of the Iudges of that Court and against thâ— knâ—wne and ordinary course of Iustice and his said Oath and knowledge and denyed his Majesties Subjects the common and ordinary Iustice of this Realme as to Mr. Liâ—â—rick and others and for his private benefit endammaged and ruined the estates of very many of his Majesties Subjects contrary to his oath and knowledge X. That hee being Lord Keeper of the great Seale of England and sworne one of his Majesties Privie Counsell did by false and malicious slanders labour to incense his Majestie against Parliaments and did frame and advise the publishing the Declaration after the dissolution of the last Parliament All which Treasons and misdemeanors above mentioned were done and committed by the said Iohn Lord Finch Baron of Fordwich Lord Keeper of the great Seale of England and thereby he the aforesaid Finch hath trayterously and contrary to his allegiance laboured to lay Imputations and Scandalls upon his Majesties government and to alienate the hearts of his Majesties liege people from his Majestie and to set a division betweene them and to ruine and destroy his Majesties Realme of England for which they doe impeach him the said Lord Finch Baron of Fordwich Lord Keeper of the Great Seale of England of high Treason against our Soveraigne Lord the King his Crowne and Dignity of the misdemeanours above mentioned And the said Commons by Protestation saving to themselves the libertie of exhibiting at any time
studied Speech I come to speake my heart and to speake it clearely and plainely and then leave it to your clemencie and Justice and I hope if any thing shall slip from me to work contrary to my meaning or intention disorderly or ill placed you will be pleased to make a favourable construction and leave me the liberty of explanation if there shall be any but I hope there shall be no cause for it I hope for my affection in Religion no man doubteth me what my education what and under whom for many yeares is well knowne I lived neere 30 yeares in the Society of Grayes Inn and if one that was a reverend Preacher in my time Doctor Sibbs were now alive hee were able to give testimony to this House that when a party ill affected in Religion sought to weary him and tyer him out hee had his chiefest encouragement from me I have now Master Speaker been 15 yeares of the Kings Councell from the first houre to this minute no man is able to say that ever I was Author Advisor or Consentor to any project It pleased the King my gracious Master after I had served him divers yeares to preferre mee to two places to be chiefe Justice of the Common Pleas and then Keeper of his great Seale I say it in the presence of God I was so far from the thought of the one and from the ambition of the other that if my Master his grace and goodnesse had not been I had never enjoyed those Honours I cannot tell Master Speaker nor I doe not know what particulars there are that may draw me into your disfavour or ill opinion and therefore I shall come very weakly armed yet to those that either in my owne knowledge or by such knowledge as is given me and not from any in this House I shall speake somewhat that I hope being truth and accompanied with clearenesse and ingenuity will at last procure some allay of that ill opinion which may perhaps be conceived of me Master Speaker I had once the Honour to sit in the place that you doe from the first time I came thither to the unfortunate time I doe appeale to all that were here then if I served you not with candor Ill office I never did to any of the House good offices I have witnesses enough I did many I was so happy that upon an occasion which once happened I received an expression and testimony of the good affection of this House towards me For the last unhappy day I had a great share in the unhappinesse and sorrow of it I hope there are enough doe remember no man within the walls of this House did expresse more symptomes of sorrow griefe and distraction then I did After an adjournment for two or three dayes it pleased his Majestie to send for me to let me know that he could not so resolve of things as hee desired and therefore was desirous that there might be an adjournment for some few dayes more I protest I did not then discerne in his Majestie and I beleeve it was not in his thoughts to think of the dissolving of this Assembly but was pleased in the first place to give me a command to deliver his pleasure to the House for an adjournment for some few dayes till the Monday following as I remember and commanded me withall to deliver his pleasure that there should be no further speeches but forth with upon the delivery of the Message come and wait upon him hee likewise commanded me if questions were offered to be put upon my Alleageance I should not dare to doe it how much I did then in all humblenesse reason with his Majestie is not for me here to speake onely thus much let me say I was no Author of any counsell in it I was onely a person in receiving commission I speake not this as any thing I now produce or doe invent or take up for my owne excuse but that Which is knowne to divers and some Honourable persons in this house to be most true All that I will say for that is humbly to beseech you all to consider That if it had beene any mans cause as it was mine betweene the displeasure of a gracious King and the ill opinion of an Honourable Assembly I beseech you lay all together lay my first actions and behaviour with the last I shall submit to your Honourable and favourable constructions For the Shipping businesse my opinion of that cause hath layne heavy upon me I shall clearely and truly present unto you what every thing is with this protestation that if in reckoning up my owne opinion what I was of or what I delivered any thing of it be displeasing or coÌ„trary to the opinion of this House that I am farre from justifying of it but submit that and all other my actions to your wisedomes and goodnesse Master Speaker the first Writs that were sent out about Shipping businesse I had no more knowledge of it and was as ignorant as any one Member of this House or any man in the Kingdome I was never the Author nor Advisor of it and will boldly say from the first to this houre I did never advise nor counsell the setting forth of any Ship-writs in my life Master Speaker it is true that I was made chiefe Justice of the Common Pleas some foure dayes before the Ship-writs went out to the Ports and Maritine places as I doe remember the 20 of October 1634. they doe beare Teste and I was sworne Justice the 16 of October so as they went out in that time but without my knowledge or privity the God of heaven knowes this to be true Master Speaker afterwards his Majestie was pleased to command my Lord chiefe Justice of the Kings Bench that then was Sir Thomas Richardson and chiefe Baron of the Exchequer that now is and my selfe then chiefe Justice of the Common Pleas to take into consideration the Presidents then brought unto us which we did and after returned to his Majestie what we had found out of those Presidents It is true that afterwards his Majestie did take into consideration that if the whole Kingdome were concerned that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes Thereupon upon what ground his Majesty took that into his consideration I doe confesse I doe know nothing of it His Majesty did command my Lord chief Justice that now is my Lord chiefe Baron and my selfe to returne our opinions whether when the whole Kingdome is in danger and the Kingdome in generall is concerned it be not according to Law and reason that the whole Kingdome and his Majestie and all interessed therein should joyne in defending and preserving thereof This was in time about one 1634. In Michaelmas Terme following his Majesty commanded â—e to goe to all the Judges and require their opinions in particular He commanded mee to doe it to every one and to charge them upon their
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
enacted as fulgura ex vitrio or as bugbears to inforce the obedience of Children no my Lords the just execution of it upon their Predecessors though in breaches not so capitall might have warned them to have strangled their ill born resolutions in the Cradle before they now proclaim their infancie and petition for their punishment Witnesse Sir Thomas Weyland his banishment confiscation of his goods and lands only for his mercenarie Justice contrary to his oath who was Chief Justice of the Common Pleas in the time of Edward the first Witnesse Sir William Thorpe Cheif Iustice of the Kings Bench in the time of Edward the third who was adjudged to be hanged because he had broken the Kings oath made unto the people wherewith he was intrusted in the Roll. Now my Lords though Magna Charta be sacred for antiquity though its confirmation be strengthned by oath though it be the proper Dictionarie that expounds meum tuum and assignes a Subiect his birth right yet it only survives in the Rolls but now miserable rent and torn in the practice These words Salvo cantenemento live in the Rolls but they are dead in the Castle Chamber These words Nullus liber bujus ejicitur è libero sue tenemento in praejudicium parium live in the Rolls but they are dead where property and free-hold are determined by paper Petitions These words Nulli vendemus nulli differemus Justitiam live in the Rolls but they are dead when the Suites Iudgements and excecution of the Subiect are wittingly and illegally suspended retarded and avoyded Shall we desire to search the mortall wounds inflicted upon the Statute Lawes who sees them not lying upon their death bed stab'd with Proclamations their primitive and genuine tenures escheated by Acts of State and strangled by Monoplies Will you surveigh the liberties of the Subiects every prison spues out illegad attachments and commitments every Pillory is dyed with the forced bloud of the Subiects and hath ears though not to hear yet to witnesse this complaint Do you doubt of the defacement of the amiable Offices of his Maiesties most transplendent and renowned Iustice and grace let then that Microcosme of Letters Patents confirmed under his Maiesties and his Predecessors broad Seale of the Kingdome being the publique faith thereof and yet unchristened by frivolous and private opinions rise up in iudgement let the abortive Iudgement of the tenure in Capite where no tenure was exprest nay let the Hereticall and Traiterous opinions where the Tenure was exprest yet to draw in all by Markets and Faires granted in the same Patents rise up in Iudgements What glasse hath this unhappy divided Kingdome from his Maiesties presence and andience to contemplate the fair and ravishing form of his royall intentions in but in the cleer and diaphanous administration of his Iustice and what do these traytrous and illegall practise ayme at but in affront to his Maiesty which we most tenderly resent and discontent to his Subiects to multiply as by a Magick glasse the royall dispensation of his favours into the ugly and deformed visage of their suppression of the liberties devastations of the estates and the deprivation of the lives of his loyall Subiects so that it may be sayd Regali Capiti cervicem consul equinanâ— Jungere sic vellet variasque inducere plumas My Lords these ought to be considered with as serious an eare as they were practised by mischievous experiments Inquire of the Netherlands why their fields are growne fertile by the inundation of bloud why the pensive Matrons solemnize too too frequent funeralls of their Husbands and issue and they will answer you it was for the preservation of their hereditary Lawes which Tyranny would have innovated This Kingdome personated in the sable habit of a widdow with dishelved hayrs seems to Petition your Lordships that since she is a Mother to most of us yet cerâ—ainly a Nurse unto us all that you would make some other for redresse of her Tyrannicall oppression These persons impeached resemble the opacious body of the earth interposed to eclipse that light and vigour which the solar aspect of Maiesty would communicate unto his Subiects They imitate the fish Sepia that vomits a darke liquor out of her mouth to cloud the waters for her securer escape They are those to whom the keyes have been committed yet they have barred the door to them that knoc't They are those unnaturall Parents that give their children stones in stead of bread and scorpions for fish Was it for this purpose that the royall authority scituated them in these eminent places that like Beacons upon high Hills they should discover and proclaim each innovation and stratagem against the publique weale whilest they in the mean time imploy therein fire to publique Incendiary or like Ignes fatui seduce the easie and beleeving Traveller into pits and unexpected Myres Were they sworne to seale their damnation and not their confirmation of our libertie estates and lives Shall a man be censured for perjury in that breach of his private Faith and those be justifiable in Treason aggravated by perjury against the dignity of the Crownes and publique faith of the Kingdomes No my Lords the grave judicious and mature examination and deserved punishment of these traiterous proceedings will speak these times as glorious to posterity in their information as they are now lamented in their persecution The bloud-thirsting sword of an hostile enemy by a timely union and a defensive preparation may be prevented The thin rib'd Carcasse of an universall famine may have his consumption restored by a supply from our neighbouring Nations The quick spreading venome of infectious pestilence may be prevented by Antidotes and qualified by phisicall remedies But this Catholick grievance like a snake in the most verdant walks for such are the unblemished lawes truly practised stings us to death when we are most secure and like the Kings evill can only be cured by his Majesties free and gracious permission of our modest and gentle proceedings for his vindication and our preservation therein concluded Spencer and Gamston who have left their names monumentally odious for the evill counsell they fed the Kings ear with yet did possibly advantage their own friends while these dart their envie and Treason for a common Center equally touching the bounds of every superficies for as concerning the valide estates they have illegally overthrown when the Lawes by your Lordships industry receive their native vigour they will re-assume their confirmation but the estates happily in themselves legall that they have in an extrajudiciall forme established will haste as speedily to their dissolution so that Judas-like they betray their best friends with a kisse My Lords I cannot finde any surviving Cronologie of times this season to be parallel'd with all circumstances which makes me view the Records amongst the infernall spirits to finde if match't there I might extenuate their facts where 1. they appear like the false spirit sent
into the mouth of the Prophet to Abab to speak delusions to subvert the host of God The most vehement and trayterous encounter of Sathan is lively deci hered in the true example of Job where first I observe the dismologie he overthrowes not Jobs Magna Charta he dâ—sseizes him not of his inheritance nor dispossesses him of his Leases but only disrobes him of some part of his personall estate when he proceeds to infringe Jobs liberty he doth not pillorie him nor cut off his ears nor bore him through the tongue he only spots him with some ulcers here Sathan stains when these persons by their traiterous combinations envie the very bloud that runs unspilt in our veines and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the lives of the Subjects by their arbitrary Judicature I would not my Lords be understood to impute to the Judges and infallibilitie of error nor in impeaching these to traduce those whose candor and integrity shine with more admired lustre then their white furres who like trophees of virgin-virgin-justice stood fixt and unmov'd in the rapid torrent of the times while these like strawes and chips plai'd in the streams untill they are devolv'd in the Ocean of their deserved ruine No my Lords humanum est errare and the Law allowes Writs of Error and arrest of Judgement but where there is crassa ignorantia against their Oath against the Fundamentall Elementary and known Lawes of the Kingdome Nay my Lords where it is rather praemeditaâ—a malitia where there is an emulating policie who should raze and embessell the Records in the practique that are for the tender preservation of our liberties estates and lives seeking only to be glorious in a nationall destruction as if their safety were only involved in our ruine there I have command to pitty but not excuse them To kill a Judge quatenus a Judge is not Treason but to kill a Judge sitting in the place of Iudicature is Treason not for that the Law intends it out of any malice against the party but for the malice against the Law where then can an intensive or an extensive malice be exprest or implyed against the Law then the practicall dialect of these persons impeach't speaks with a known and crying accent The Benjamites slang stones with their left hands yet they would not misse a hairs breadth these extrajudiciall proceedings are slung with the left I meane they are sinistrious and imprint their blacke and blew marks more certaine and more fatall for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable body of Iudicature should swell up into such a vast and ulcerous dimension but why should I considering this excentrick motion of the body of the Law had his birth obscure resembling the tares that were sowed in the night time but here is the difference they were sowne by the enemy in the absence of the Master but these are sowne by the Grand-masters themselves purposely to overtop and choak the expected Harvest Innovations in Law and consequently in government creep in like heresies in Religion slily and slowly pleading it the end a sawcy and usurp't legitimacy by uncontrol'd prescription My Lords this is the first sitting and I have onely chalked out this deformed body of high Treason I have not drawn it at length least it might fright you from the further view thereof in conclusion it is the humble defire of the Commons that the parties impeached may be secured in their persons sequestred from this House from the Counsell Table and all places of Iudicature as being Civiliter mortui that they may put in their answers to the Articles ready now to be exhibited against them and that all such further proceedings may be secretly expedited as may be sutable to Iustice and the precedents of Parliaments so his Majesty may appeare in his triumphant goodnesse and indulgency to his people and his people may be ravisht in their dutifull and cheerefull obedience and loyalty to his Maiesty your Lordships may live in Records to Posterity as the instrumentall reformers of those corrupted times and that the Kingdome and Common-wealth may pay an amiable sacrifice in retribution and acknowledgement of his Maiesties multiplyed providence for our preservation herein Articles of the Knights Citizens and Burgesses in the Parliament assembled against Sir Ric Bolton Kt. Lord Chancellor of Ireland John Lord B. of Derry and Sir Gerard Lowther Kt. L. Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Kt. in maintenance of the accusation whereby they and every of them stand charged with high Treason FIrst that they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John L. Bishop of Derry Sir Ger. Lowther Kt. Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight intending the destruction of the Common-wealth of this Realm have trayterously confederated and conspired together to subvert the Fundamentall Laws and Government of this Kingdom and in pursuance thereof they and every of them have trayterously contrived introduced and exercised an arbitrary and tyrannicall Government against Law thorowout this Kingdom by the countenance and assistance of Thomas Earl of Strafford then chief Governour of this Kingdom II. That they and every of them the said Sir Richard Bolton Kt. L. Chancellor of Ireland John L. Bishop of Derry Sir Gerard Lowther Kt. L. chief Justice of the Common Pleas and Sir George Radcliffe Kt. have trayterously assumed to themselves and every one of them regall power over the goods persons lands and liberties of his Majesties Subjects in this Realm and likewise have maliciously perfidiously and trayterously given declared pronounced and published many false unjust and erroneous opinions Judgements Sentences and Decrees in extrajudiciall manner against Law and have perpetrated practised and done many other trayterous and unlawfull acts and things whereby as well divers mutinies seditions and rebellions have been raised as also many thousands of his Majesties liege people of this Kingdom have been ruined in their goods lands liberties and lives and many of them being of good quality and reputation have been utterly defamed by Pillory mutilation of members and other infamous punishments By means whereof his Majesty and the Kingdom have been deprived of their service in Juries and other publike imployments and the generall trade and traffique of this Island for the most part destroyed and his Majesty highly damnified in his customes and other revenues III. That they the said Sir Rich. Bolton John L.B. of Derry Sir Ger. Lowther K. and Sir G. Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other trayterous courses have laboured to subvert the rights of Parliament and the ancient course of Parliamentary proceedings all which
offences were contrived committed perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their oathes of the same at such times as the said Sir R. Bolton Kt. was Lord Chancellor of Ireland or chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord chief Justice of the said Court of Common Pleas and against their Oathes of the same and at such time as the said John L. Bishop of Derry was actuall Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their allegiance severall and respective oathes taken in that behalf IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn L. B. of Derry Sir Gerard Lowther Kt. L. chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the liberty of exhibiting at any time hereafter any accusation or impeachment against the said Sir Rich. Bolton Iohn L. Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their answers which they and every of them shall make to the said Articles or any of them and of offering proof also of the premisses or of any other impeachment or accusation as shall be by them exhibited as the case shall according to the course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerard Lowther Knight Lord chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Knight and every of them be put to answer to all and every of the premisses and that all such Proceedings Examinations Triall and Iudgement may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Sir Thomas Wentworths speech XXij d. Martij 1627. MAy this dayes resolution be as happy as I conceive the proposition which now moves me to rise is seasonable and necessary for whether we shall look upon the King or the people it did never more behove this great Physitian the Parliament to effect a true consent towards the parties then now This debate carryes with it a double aspect towards the Soveraign towards the Subject though both innocent both injured both to be cured In the representation of injuries I shall crave your attention in the Cures I shall beseech your equall cares and better judgements surely in the greatest humility I speak it these illegall waies are marks and punishments of indignation The raising of Leavies strengthned by Commission with unheard of instructions the billetting of Souldiers by Lievetenants without leave have been as if they could have perswaded Christian Princes nay Worlds the right of Empire had been to take a way by strong hand and they have endeavoured as far as was possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors They have extended the prerogative of the King beyond the just Center which was the sweet harmony of the whole They have rent from us the light of our eyes inforced a company of Guests worse than the Ordinaries of France vitiated our wives and daughters before our faces brought the Crown to greater want than ever it was by anticipating the Revenue and can the Shephard be thus smitten and the flock not scattered They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government imprisoning us without Bail or Bond. They have taken from us what shall I say indeed what have â—hey left us all mean of supplying the King and ingratiating our selves with him taking up the roots of all propriety which if it be not seasonably set into the ground by his Maiesties hand we shâ—ll have instead of beauty baldnesse To the making of them whole I shall apply my self and propound a remedy to all these diseases by one and the same thing hath the King and people been hurt and by the same must they be cured to vindicate what New things No. Our ancient sober vitall liberties by reinforcing of the ancient Lawes made by our Ancestors by setting such a Character upon them as no licentious spirit shall dare hereafter to enter upon them And shall we thinke this away to break a Parliament Nâ— Our desires are modest and iust I speak truly both for the interest of the King and People If we enjoy not those it will be impossible to relieve him Therefore let us never fear that they shall not be accepted by his goodnesse Wherefore I shall descend to my motions which conconsists of four parts two of which have relation to the persons two to the propriety of goods for the persons the freedome of them from imprisoning Secondly from employments abroad contrary to the ancient customes for our goods that no leavies may be made but in Parliament Secondly no billetting of Souldiers It is most necessary that these be resolved that the Subiects may be secured in both Then for the manner in the second place it will be fit to determine it by a Grand Committee Sir Thomas Wentworths Speech 21. of Aprill Anno 1628. Right wise Right worthy TOo many instigations importune the sequell of my words First the equitie of your proceedings Secondly the honesty of my request for I behold in all your intendments a singularity grounded upon discretion and goodnesse and your consultations steered as well by Charity as extremity of justice This order and method I say of your procedings together with the importunity offered of the Subject in hand have emboldned me to solicite an extension of the late granted protections in generall The lawfulnesse and honesty of the propositions depends upon these two particulars I. The present troubles of the parties protected having run themselves into a further and almost irrecoverable hazards by presuming upon and feeding themselves with the hopes of a long continuing Parliament II. Let the second be this consequence That that which is prejudiciall to most ought to minister matter of advantage to the rest sith then our interpellations and disturbances amongst our selves are displeasing almost to all if any benefit may be collected let it fall upon those for I think the breach of our Session can befriend none but such nor such neither but by means of the grant before hand And because it is probable that his Majesty may cause a Remeeting
but shew you a way of remedie by shewing you my cleer intentions and some marke that may hinder this good worke I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church and Common-wealth and consequently that all Courts of Justice may be reformed according to Law For my intentions is cleerly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth Moreover whatsoever part of my Revenue shall be found illegall or heavy to my Subjects I shall be willing to lay down trusting in their affections Having thus cleerly and shortly set down my intentions I will shew you some rubs and must needs take notice of some very strange I know not what terme to give them Petitions given in the name of divers Counties against the established government of the Church and of the great threatnings against the Bishops that they will make them to be but a Cipher or at least taken away If some of them have incroached too much upon the Temporaltie if it be so I shall not be unwilling these things should be redressed and reformed as all other abuses according to the wisdome of former times so farre I shall go with you no farther If upon serious debate you shall shew that Bishops have some Temporall Authority not so necessary for the government of the Church and upholding Episcopall Jurisdiction I shall not be unwilling to desire them to lay it down but this must not be understood that I shall any way consent that their voice in Parliament should be taken away for in all the times of my Predecessors since the Conquest and before they have enjoyed it I am bound to maintain them in i as one of the fundamentall Institutions of this Kingdome There is one other Rock you are on not in substance but in service and the forme is so essentiall that unlesse it be reformed will split you on that Rock There is a Bill lately put in concerning Parliaments The thing I like well to have frequent Parliaments but for Sheriffes and Constables to use my Authoritie I can no wayes consent unto But to shew that I desire to give you content in substance as well as in shew that you shall have a Bill for doing thereof so that it do not trench neither against my Honor neither against the ancient Prerogatives of the Crowns concerning Parliaments Ingeniously confesse often Parliaments is the fittest means to keep correspondencie betweene Me and my People that I doe so much desire To conclude now all that I have shewen you the state of my Affairs My own cleere intentions and the Rocks I would have you shun To give you all contentment you shall likewise finde by these Ministers I have or shall have about me for the effecting of these my good intentions which shall redouble the peace of the Kingdome and content you all Concerning the conference you shall have a direct answer on Monday which shall give you satisfaction The Kings speech to both Houses of Parliament in the Lords House at the passing of the Bill for a Trieniall Parliament the 16th of November 1640. MY Lords and you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with Me at the Banquetting House at Whitehall I did declare unto you two Rocks I wished you to eschew this is the one of them and of that consequence that I thinke never Bill passed here in this House of more favour to the Subjects then this is and if the other Rocke be as happily passed over as this shall be at this time I do not know what you can aske for ought I can see at this time that I can make any question to yeeld unto Therefore I mention this to shew unto you the sence that I have of this Bill and obligation as I may say that you have to me for it for hitherto to speake freely I have had no great incouragement to doe it if I should looke to the outward face of your actions or proceedings and not looke to the inward intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concernes your selves to amend and yet those things that meerly concernes the strength of this Kingdom neither for the State nor my own particular This I mention not to reproach you but to shew you the state of things as they are you have taken the Government almost in peeces and I may say it is almost off the hinges A skilfull Watchmaker to make cleane his Watch he will take it a sunder and when it is put together it will go the better so that he leave not forth then one pin in it Now as I have done all this on my part you know what to do on your parts and I hope you shall see cleerly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to me and this is the great expression of trust that before you do any thing for me that I do put such a confidence in you HIS MAJESTIES Letter to the Lords on the behalf of the Earle of Strafford sent by the PRINCE My Lords I Did yesterday satisfie the Justice of the Kingdome by passing of the Bill of Attainder against the Earle of Strafford but mercie being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfill the naturall course of his life in a close imprisonment yet so that if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of Publique businesse especially with me either by Message or Letter it shall cost him his life without further Processe This if it may be done without the discontentment of my People will be an unspeakable contentment to me To which end as in the first place I by this Letter do earnestly desire your approbation and to endeare it the more have chosen him to carry it that of all your House is most dear to me So I desire that by a conference you will endeavour to give the House of Commons contentment Likewise assuring you that the excuse of mercy is no more pleasing to me then to see both Houses of Parliament consent for my sake that I should moderate the severity of the Law in so important a case I will not say that your complying with me in this my intended mercie shall make me more willing but certainly t' will make me more cheerfull in granting your just grievances But if no lesse than his life can satisfie my People I must say fiat justitia Thus again recommending the consideration of my intentions to you I rest Whitehall the 11th of May 1641. Your unalterable and affetionate Friend CHARLES R. If he must dye it were charity to
proceedings of the Assembly of which if those that were Officers and Ministers there had been come to Town upon whose help I rested for my particular instruction I should have been better able to have given you an accompt And His Maiesty was pleased to let you know that when there was an occasion of any particular you may be satisfied in it According to His Maiesties command 24. of September all the Peeres were summoned all except some few did meet where His Maiesty was In the first place pleased to declare unto us His resolution to call a Parliament and to all our ioyes and contents as he hath now done it to yours and ours declared that there was nothing he did more desire then to be rightly understood of His people And whosoever he be that shall go about effect it I am sure he cannot to attempt or indeavour to alter this gracious declaration and resolution of His Maiesty or whosoever shall go about to poyson the hearts of His good Subiects with an opinion that it can be so or lesson the affection of His loving Subiects for certainly never Subiects of the world better loved their King then the English nor ever did ever English-men better love a King then now if I say there be any sucâ— may acurse and punishment fall up 〈◊〉 But â—et the Royall Throne be for ever Hâ—â— Majesty was then pleased to tell us the cause for which 〈◊〉 had called us together In the first place it was touching an answer to a petition that had bâ—en since his coming to York And before His assembly sent unto him from those His Subiects of Scotland that were at Newcastle The first thing that His Maiesty desired their advice in was â—â—e answer to that petition The next thing His Maiesty conceived And all that were there were of one opinion with one voyce and consent that it was not fit His Maiesty should disband His Army so long as the Scotch Army was on foot And His Maiesty wished them to take into their consideration what way to have maintenance for His Army in the mean time His Maiesty having opened the cause of calling them together was pleased to expresse himself that He would leave to the Lords their freedom of Debate and himself was ready to have been gone from the Councell but at the humble suite of the Lords he stayed And I am perswaded that nothing was of that ioy to them as His Maiesties presence with such freedome of discourse did every man deliver himself with such grace and sweetnesse did his Maiesty hear them and such content did they take in His moderating guiding and directing those Councells My Lords as holding it most necessary took the latter of those two considerations propounded by His Maiesty to their thoughts and that was the supplying and supporting His Maiesties Army till this Parliament might take some course in it His Maiesty and my Lords did declare themselves as before I have opened unto you that they could never attempt nor have the least thought to make by any Act or Order any thing tending to the Subiect but that it might be left wholly to the supream Jurisdiction And therefore not seeing any other way they resolved by letter to addresse themselves to the City of London And with their letters they sent half a dozen of my Lords My Lord Privy Seal my Lord of Clare who was appointed to go but his urgent occasions prevenâ—ed him Viscount Cambden Lord Coventry Lord Goring and _____ And these Lords they did expresse the joy and content they took in the Kings grace and confidence they had of His gracious assistance was such that they did freely offer themselves and as I dare say there is none but is yet ready to enter into security with His Maieâ—ty And the City gave an answer fit for the Chamber of the King and part of the money is already lent and will be ready I assure my self to supply the rest For the other part the first thing propounded by His Majesty was touching the answer that was to be given to that petition and to the demands of the Subjects in Scotland upon which occasion His Majesty was pleased by those great Officers and Ministers of His that knew best and understood the laws and usages of that Kingdome to expound their demands particularly and to make appear unto their Lordships upon every one wherein they had expounded the Articles of pacification which His Majesty ever desired might be the Square and Rule of the treaty with them My Lords tooke into consideration what was fit to be done for his Majesty then professed as he did oft and as he hath done it during the time of that Councell to be wholy ruled guided and directed by their advice f r the honor of this Nation and safâ—ty of it he did leave it to their wisedomes and considerations against whose advice and without whose judgements and advice he would do nothing My Lords howsoever they had received this information and explanation upon every particular of their demands yet in justice they thought it was fit to hear what could be said on the other side how the objection might be answered and what objection might be made by them against that which seemed to be plain enough For this purpose they were all of opinion and his Majesty was pleased to be of the same opinion that some Lords selected and trusted by that great Councell should Treate with those Subjects of Scotland upon all those particulars to the end that they might see what they did cleerly intend to the end that if a firm peace which was most desired from us might be had or a just Warre to be begun My Lords of the great Councell that were appointed for that purpose were the Earles of Bedford Hertford Essex Salisbury Warwick Bristow Holland and Barkeshire The Barons were the Lords Wharton Paget Rimbolton Brooke Pawlet Howard of Esaich Savile and Dunsmore After which choice some generall insurrections proceeding from the debate and discourses in that great Councell a Commission under the great Seale was given unto them to enable them to treate and conclude as they in their wisedomes and Judgements should thinke fit The place appointed for this treaty was at Rippon where the Lords Commissioners wanted the happinesse of that that they and we had at Yorke of his Maiesties presence And that might be the occasion that more time was spent in it then otherwise would have been yet my Lords omitted not their parts but were desirous to look into the depth to see the utmost extent of their demands But before those of Scotland could come to the maine treaty to explaine themselves touching their demands they made a preparatory demand of maintenance for their Armie and did go so high as to demand Forty thousand Pounds a moneth My Lords that were very unwilling to do any Act or make any order whatsoever as I have opened unto you for the sustenance maintenance and
that demonstration of the intention to make that formality Treason which were materially but a misdemeanor a Treason as well against the King as against the Kingdome for whatsoever is against the whole is undoubtedly against the head which takes from his Majesty the ground of his Rule the Lawes for if foundations bee destroyed the Pinnacles are most endangered which takes from his Majesty the principal honour of his Rule the Ruling over Free-men a power as much Nobler then over villaines as that is that 's over beasts which endevoured to take from his Majesty the principall support of his Rule their hearts and affections over whom he rules a better and surer strength and wall to the King than the Sea is to the Kingdome and by begetting a mutuall distrust and by that a mutuall disaffection between them to hazard the danger even of the destruction of both My Lords I shall the lesse need to presse this because as it were unreasonable in any case to suspect your Iustice so here especially where your interest so nearly unites you your great share in possessions giving you an equall concernment in propriety the care and paines used by your Noble Ancestors in the founding and asserting of our conmon Liberties rendring the just defence of them your most proper and peculiar inheritance and both exciting to oppose and extirpate all such designes as did introduce and would have set led an Arbitrary that is an intollerable forme of Government and have made even your Lordships and your posterity but Right Honourarable slaves My Lords I will spend no more words Luctando cum larva in accusing the Ghost of a departed person whom his Crimes accuse more than I can doe and his absence accuseth no lesse than his Crime Neither will I excuse the length of what I have said because I cannot adde to an Excuse without adding to the Fault or my owne imperfections either in the matter or manner of it which I know must appeare the greater by being compared with that learned Gentlemans great abilitie who hath precoded me at this time I will onely desire by the Command and in the behalfe of the House of Commons that these proceedings against the Lord Finch may be put in so speedy away of dispatch as in such cases the course of Parliament will allow The first Speech made by Sir Edward Deering in the house of Commons Mr. Speaker YEsterday the affaires of this House did borrow all the time allotted to the great Committee of Religion I am sorry that having but halfe a day in a whole week we have lost that Mr. Speaker The sufferings that wee have undergone are reduceable to two heads The first concerning the Church The second belonging to the Common-wealth The first of these must have the first fruites of the Parliament as being the first in weight and worth and more immediately to the honour of God and his Glory every dramme whereof is worth the whole weight of a Kingdome The Common-wealth it is true is ful of apparent dangers the Sword is come home unto us and two Twinned Nations united together under one regall Head Brethren together in the Bowels and Bosome of the same Island and which is above all is imbanded together in the same Religion I say in the same Religion by a divellish Machination like to be fatally imbrewed in each others blood ready to digge each others Graves Quantillum abfuit For other grievances also the poore dis-hearted Suject sadly grieves not able to distinguish betweene Power and Law and with a weeping heart no question hath long prayed for this houre in hope to be relieved and to know hereafter whether any thing hee hath besidâ—s his poore part and portion of the common Aire hee breatheth may be truly called his owne These Mr. Speaker and many other doe deserve and must shortly have our deepe regards but suo gradis Now in the first place there is a unum necessarium above all our worldly sufferings and dangers Religion the immediate Service due unto Almighty God and herein let us all be confident that all our consultations wil be unprosperous if wee put any determination before that of Religion For my part let the Sword reach from the North to the South and a generall perdition of all our remaining rights threaten us in an open view it shall bee so farre from making mee to decline the first setling of Religion that I shall ever argue and rather conclude it thus That the more great and eminent our perils of this World are the stronger and quicker ought our care to be for the glory of God and the pure Law of our Soules If then Mr. Speaker it may passe with full allowance that all our cares may give way unto the Treaty of Religion I will reduce that also unto two heads First of Ecclesiasticall persons Then of Ecclesiasticall Causes Let no man start or be affrighted at the imagined length of this Consultation it will not it cannot take up so much Time as it is worth This is God and the Kings God and the Kingdomes nay this is God and the two Kingdomes cause And therefore Mr. Speaker my humble motion is that wee may all of us seriously speedily and heartily enter upon this the best and the greatest and the most important cause wee can treate on Now Mr. Speaker in pursuite of mine owne motion and to make a little entrance into these great Affaires I will present unto you the Petition of a poore distressed Minister in the Couâ—ty of Kent a man conformable in his practice Orthodoxe in his Doctrine laborious in his Ministery as any wee have or I doe know He is now a sufferer as all good men are under the generall obloquy of a Puritan as with other things was admirably delivered by that silver Trumpet at the Bar the Pursevant watched his doore and divides him and his Cure asunder to both their griefes for it is not with him as perhaps with some that set the Pursevant at worke glad of an excuse to be out of thâ— Pulpit it is his delight to Preach About a week since I went over to Lambeth to moove that great Bishop too great indeede to take this danger from off this Minister and recall the Pursevant And withall did undertake for Mr. Wilson for so is your Petitioner called that hee should answere his Accusers in any of the Kings Courts aâ— Westminster The Bishop made me this answere in His verbis I am sure that hee will not absent from his Cure a Twelve-moneth together and then I doubt not but once in a yeare wee shall have him This was all that I could obtaine but I hope by the helpe of this House before this yeare of threats-be runne out his Grace will eyther have more Grace or no Grace at all For our griefes are manifold and doe fill a mighty and vast Circumference yet so that from every part our lines of sorrow doe lead unto him and
Ratcliffe was not the man alone but others joyned with him in that Assembly and I am sure my Lord of Strafford moved it for the breach of Parliament I shall addresse myselfe to the body of his answere Now give me leave my Lords that I may open the nature of this great offence My Lords it is a charge of Treason which is a Treason not ended or expired by one single Act but a trade enured by this Lord of Strafford ever since the Kings favor hath been bestowed upon him My Lords it hath two parts to deprive us that which was good And secondly to bring in a Tyrannicall government it takes away the Lawes of the Land and it hath an arbitrary government bounded by no law but what my Lord of Strafford pleaseth It is the law my Lords which we reverence and cheerefully render to our gracious Soveraigne The Law as it is the ground of our libertie so it is the distribution of Iustice My Lords in all this my Lord of Strafford hath endeavoured to make them uncapable of any benefit it is true my Lords that Treason against the person of a Prince is high Treason and the highest Treason that can be to man but it falls short of this Treason against the State When blessed King Iames was taken to heaven he commended the lawes to his sonne our gracious Soveraigne But my Lords if such a design as this should take effect that the law of Iustice shouldbe taken from the Throne we are without hope of ever seeing happy dayes power is not so easily laid downe unlesse it be by so good and just a Prince as we have My Lord of Straffords accusation is conveyed into twenty eight Articles and I shall but touch the heads that wee shall insist upon and I thinke the best way to this is to consider what he did before he went into Ireland what then and what since He hath encroached jurisdiction where none was taking upon him a power to repell the lawes and to make new lawes and in domineering over the lives and goods and what ever else was the subjects My Lords this he hath not done onely upon the meaner sort but upon the Peeres and auncient Nobilitie and what may your Lordships expect but the same measure at his hands here as they have found there when he committed any to prison if a Habeas Corpus were granted the Officers must not obey and if any Fine were put upon the Officer for refusing them there was a command that he should bee discharged so that he did not onely take power to himselfe but the Scepter of Iustice out of the Kings hand When he was a member of the house of Commons it was his owne motion all Ministers of state should serve the King according to the lawes which he hath broken himselfe He doth as much as say that Fines shall not be payed by Officers if in this they fulfill his commands but those that release a prisoner upon a Habeas Corpus shall finde his displeasure My Lords if this had been a single Act we should not have accused him of high Treason but this hath beene his common course and this we present to your Lordships consideration The next thing is that in the North the people attending for Iustice you shall see what a dishonour he flung upon the sacred Majestie of the King that did advance him some of the Iustices saith he are all for Law but they shall finde that the Kings little fingers is heavier then the Loynes of the Law My Lords what a sad speech was this and what sad Accidents happened upon it you all know and he said in a solemne speech That Ireland was a conquered Nation and that the King might do with them what he would their Charters were nothing worth they did binde the King no longer then he pleased Surely you may see what hee would do if he had power but we hope never such counsell shall have acceptation in so gracious an Eare as our Soveraignes and he doth not stay in words but proceeds to Actions when a Peere of the Kingdome was expelled the Kingdome for suing at Law for recovering of his Right he saith he would have Ireland know that neither Law nor Lawyers should question any thing that he ordered My Lords he goes higher for when there was an occasion to speake of an Act of State he said it should bee as binding as an Act of Parliament My Lords he cannot goe higher then this hee tells them in Parliament they were a Conquered Nation and they must expect the usage of a Conquered Nation The Lord Mountnorris for a few words that fell from his mouth spoken privately at his Table had a Counsell of warre called against him and was judged to death My Lords it is no marvaile that he saie That the Kings little finger should be so heavie when his little too was so heavie to tread downe a Peere under his foote My Lords he makes Lawes of himselfe and hee makes a difference in matters of Iustice betweene the poore and the rich but when he hath executed his power upon the poore he will fall upon the rich My Lords he hath made that which was worth but five shillings to the value of twenty and my Lords by this he doth in effect take away what ere this commoditie is worth he saith he doth it for the Kings gaine but we shall make it appeare that the Crowne hath lost and he hath gained And for the Commodity of Flax my Lords it is but a Womans Commodity but yet it is the staple Commodity of Ireland Now my Lords this Commondity he hath gotten wholly into his owne hands for he made such a Proclamation that it should be used in such wayes as the Women could not doe it and if it were not used in such ways that it should bee seised upon no he doth not onely put impositions upon the Subject but take away the goods too and thus he hath levyed warre against the Kings Subjects and this is his course that if a Decree were made by him and not obeyed there issued a warrant to Souldiers that they should make Garrison and that they should goe to the houses of those that were pretended to be disobedient My Lords they have killed their sheep and their Oxen and bound their horses and took them Captives till they have rendered obedience which is expressely contrary to Law for it saith If any man set horse or foot upon the Kings Subject in a Military way it is high Treason My Lords it doth not onely oppresse them in their estates but provoke and incite his Majesty to lay downe his mercy and goodnesse and to fall into an offensive war against his Subjects and to say they are Rebels and Traytors He tels his Counsell that the Parliament having forsaken the King and the King having tryed the Parliament hee might use other wayes to procure money to supply his necessities My Lords the same day
duty and allegiance to keepeâ—t secret Master Speaker it was never intended by his Majesty so professed by him at that time and so declared to all the Judges that it was not required by him to be such a binding opinion to the Subject as to hinder him from calling it in question nor to be binding to themselves but that upon better reason and advise they may alter it but desired their opinions for his owne private reason I know very well that extrajudiciall opinions of Judges ought not to be binding But I did think and speake my heart and conscience freely my selfe and the rest of the Judges being sworne and by our Oaths tyed to counsell the King when he should require advise of us that we were bound by our oaths and duties to returne our opinions I did obey his Majesties command and doe here before the God of heaven avow it I did never use the least promise of preferment or reward to any nor did use the least menacy I did leave it freely to their owne consciences and liberty for I was left the liberty of my owne by his Majesty and had reason to leave them the liberty of their owne consciences And I beseech you be pleased to have some beliefe that I would not say this but that I know the God of heaven will make it appeare and I beseech you that extravagant speeches may not move against that which is a positive and cleare truth Master Speaker in the discourse of this as is betweene Judges some small discourses sometimes yet never any cause wherein any Judges conferred that were so little conference as between me and them Master Speaker against a Negative I can say nothing but I shall affirme nothing unto you but by the grace of God as I affirme it to be true so I make no doubt of making it appeare to be so This opinion was subscribed without Solicitation there was not any man of us did make any doubt of subscribing our opinion but two Master Justice Hutton and Master Iustice Crooke Master Iustice Crooke made not a scruple of the thing but of the introduction for it was thus That whereas the Ports the Maritine Towns were concerned there according to the Presidents in former times the charge lay on them So when the Kingdome was in danger of which his Majesty was the sole Iudge whether it was not agreeable to Law and reason the whole Kingdome to beare the charge I left this case with Iudge Crooke The next Terme I spake with him hee could give me no resolution because hee had not seene the Writs in former times but did give his opinion that when the whole Kings dome was in danger they of the defence ought to be borne by all So of that opinion of his there was no need of a Solicitation I speake no more here than I did openly in my argument in the Chequer Chamber This is the naked truth for Master Iustice Hutton he did never subscribe at all I will onely say this that I was so farre from pressing him to give his opinion because he did ask time to consider of it that I will boldly say and make it good that when his Majesty would have had him sometimes sent for to give his opinion I beseeched his Majesty to leave him to himselfe and his conscience and that was the ill office I did The Iudges did subscribe in November or December 1635. I had no conference nor truly I think by accident any discourse with any of the Iudges touching their opinions for till February 1636 there was no speech of it for when they had delivered their opinions I did returne according to my duty to my Master the King and delivered them to him in whose custody they be in In February 1636 upon a command that came from his Majesty by one of the then Secretaries of State the Iudges all assembled in Grayes-Inn we did then fall into a debate of the case then sent unto us and wee did then returne our opinion unto his Majesty there was then much discourse and great debate about it Mine opinion and conscience at that time was agreeable to that opinion I then delivered I did use the best arguments I could for the maintainance of my opinion and that was all I did It is true that then at that time Master Iustice Hutton and Master Justice Crooke did not differ in the maine point which was this When the Kingdome was in danger the charge ought to be borne by the whole Kingdome But in this point whether the King was the sole Judge of the danger they differed So as there was betweene the first subscription and this debate and consultation some 15 moneths difference It is true that all of them did then subscribe both Justice Hutton and Justice Crooke which was returned to his Majestie and after published by my Lord Keeper my predecessour in the Star-chamber For the manner of publishing it I will say nothing but leave it to those whose memories wil call to mind what was then done The reason of the subscription of Iustice Hutton and Iustice Crooke though they differed in opinion grew from this that was told them from the rest of the Iudges That where the greater number did agree in their vote the rest were involved and included And now I have faithfully delivered what I did in that businesse till I came which was afterwards to my argument in the Exchequer Chamber for the question was A scire facias issued out of the Exchequer in that case of Master Hampdens of which I can say nothing for it was there begun and afterwards rejourned to have advice of all the Iudges Master Speaker among the rest according to my duty I argued the case I shall not trouble you to tell you what my argument was I presume there are Copies enough of it onely I will tell you there are foure things very briefly what I then declared First concerning the matter of danger and necessity of the whole Kingdome I professe that there was never a Judge in the Kingdome did deliver an opinion but that it must be in a case of apparant danger When we came to an argument of the case it was not upon a matter or issue but it was upon a demurrer Whether the danger was sufficiently admitted in pleading and therefore was not the thing that was in dispute that was the first degree and step that led unto it I did deliver my selfe as free and as cleare as any man did that the King ought to governe by the positive Lawes of the Kingdome that hee could not alter nor change nor innovate in matters of Law but by common consent in Parliament I did further deliver that if this were used to make a further revenue or benefit to the King or in any other way but in case of necessity and for the preservation of the Kingdome The judgement did warrant no such thing My opinion in this businesse I did in my
bee bound together If this Treason had taken effect our Soules had been inthralled to the Spirituall Tyranny of Sathan our Consciences to the Ecclesiasticall Tyranny of the Pope our Lives our Persons and Estates to the Civill Tyranny of an arbitrary unlimited confused Government Treason in the least degree is an odious and a horrid Crime other Treasons are particular if a Fort bee betrayed or an Army or any other treasonable fact committed the Kingdome may out-live any of these this Treason would have dissolved the frame and beeing of the Common-wealth it is an Universall a Catholike Treason the venome and malignity of all other Treasons are abstracted digested sublimated into this The Law of this Kingdome makes the King to be the fountaine of Justice of Peace of Protection therefore we say the Kings Courts the Kings Judges the Kings Lawes The Royall Power and Majestie shines upon us in every publique blessing and benefit wee enjoy but the Author of this Treason would make him the fountaine of Injustice of Confusion of publike misery and calamitie The Gentiles by the light of Nature had some obscure apprehensions of the Deity of which they made this expression that hee was Deus optimus maximus an infinite goodnesse and an infinite greatnesse All soveraigne Princes have some Characters of Divinity imprinted on them they are set up in their dominions to bee Optimi Maximi that they should exercise a goodnesse proportionable to their greatnesse That Law terme Laesa Majestas whereby they expresse that which wee call Treason was never more thorowly fulfilled then now there cannot bee a greater laesion or diminution of Majestie then to bereave a King of the glory of his goodnesse It is goodnesse My Lords that can produce not onely to his people but likewise to himself honour and happiness There are Principalities Thrones and Dominions amongst the Divels greatness enough but being uncapable of goodness they are made uncapable both of honour and happinesse The Lawes of this Kingdome have invested the Royall Crowne with power sufficient for the manifestation of his goodness and of his greatness if more bee required it is like to have no other effects but povertie weaknesse and miserie whereof of late wee have had very wofull experience It is farre from the Commons to desire any abridgement of those great Prerogatives which belong to the King they know that their own Liberty Peace are preserved and secured by his Prerogative they will alwayes be ready to support and supply his Majesty with their lives and fortunes for the maintenance of his just and lawfull Power This My Mords is in all our thoughts in our prayers and I hope will so be manifested in our indeavours that if the proceedings of this Parliament bee not interrupted as others have beene the King may within a few moneths bee put into a cleare way of as much greatnesse plenty and glory as any of his Royall Ancestors have enjoyed A King and his People make one Body the inferiour parts conferre nourishment and strength the superiour sense and motion If there be an interruption of this necessary intercourse of bloud and spirits the whole Body must needs bee subject to decay and distemper therefore obstructions are first to bee removed before restoratives can be applyed This My Lords is the end of this Accusation whereby the Commons seeke to remove this person whom they conceive to have beene a great cause of the obstructions betwixt his Majesty and his People for the effecting whereof they have commanded mee to desire your Lordships that their proceedings against him may bee put into as speedy a way of dispatch as the courses of Parliaments will allow First that hee may bee called to answer and they may have liberty to reply that there may bee a quick and secret examination of witnesses and they may from time to time bee acquainted with the depositions that so when the cause shall bee ripe for Judgement they may collect the severall Examinations and represent to your Lordships in one entire Body the state of the Proofes as now by mee they have presented to you the state of the Charge Mr. PYM his SPEECH After the Articles of the Charge against Sr. GEORGE RATCLIFFE were read My LORDS BY hearing this Charge your Lordships may perceive what neere conjunction there is betweene this Cause and the Earle of STRAFFORDS the materials are for the most part the same in both the offences of the Earle moving from an higher Orb are more comprehensive they extend both to England and Ireland these except in one particular of reducing of England by the Irish Army are confined within one Kingdome the Earle is charged as an Authour Sir GEORGE RATCLIFFE as an Instrument and subordinate Actor The influences of superiour Planets are often augmented and inforced but seldome mitigated by the concurrence of the inferiour where merit doth arise not from well-doing but from ill the officiousnesse of ministers will rather adde to the malignity of their Instructions then diminish it that so they may more fully ingratiate themselves with those upon whom they depend In the crimes committed by the Earle there appears more haughtinesse and fiercenesse being acted by his owne principles those motions are ever strongest which are neerest the Primum mobile But in those of Sir GEORGE RATCLIFFE there seemes to be more basenesse and servility having resigned and subjected himselfe to bee acted by the corrupt will of onother The Earle of STRAFFORD hath not beene bred in the study and practice of the Law and having stronger lusts and passions to incite and lesse knowledge to restraine him might more easily be transported from the Rule Sir GEORGE RATCLIFFE in his naturall temper and disposition more moderate and by his education and profession better acquainted with the grounds and directions of the Law was carried into his offences by a more immediate Concurrence of will and a more corrupt suppression of his owne Reason and Judgement My Lords as both these have beene partners in offending so it is the desire of the Commons they may bee put under such tryall and examination and other proceedings of justice as may bring them to partake in a deserved punishment for the safety and good of both Kingdomes Mr SPEAKERS SPEECH At the presenting of these three BILLS viz. An Act For the shortning of Michaelmas Terme For the pressing of Mariners for the Kings Ships For the remainder of the six entire Subsidies May it please your most excellent Majesty THE great security of the Kingdome rests in the happy concurrence of the King and people in the unity of their hearts These joyned safety and plenty attends the Scepter but divided distraction and confusion as Bryers and Thorns overspreads and makes the Land barren No peace to the King No prosperity to the people The duties and affections of your subjects are most transparent most cleare in the cheerfull and most liberall contributions given to knit fast this union with
try the fitnesse of the block and take it up again before he would lay it down for good and all and so he did and before he layd it dow again he told the Executioner that he would give him warning when to strike by stretching forth his hands and then laid down his neck on the block stretching out his hands the Executioner struck off his head at one blow then took the head up in his hands and shewed it to all the people and said God save the King SIXTEENE QVERIES Propounded by the Parliament of Ireland to the Judges of the same Kingdome THat the Judges may set forth and declare whether the Inhabitants of this kingdome be a free people or whether they be to be governed onely by the antient common lawes of England II. Whether the Judges of the Land doe take the Oath of Judges and if so whether under pretext of any Acts of State Proclamation Writ Letter or direction under the great or privie Seale or privie Signet or Letter oâ—other commandement from the Lord Lieutenant Lord Deputie Justice Justices or other chiefe Governor or Governors of this Kingdome they may hinder stay or delay the suite of any subject or his judgement or execution thereupon if so in what cases and whether if they doe hinder stay or delay such suite judgement or execution what punishment they incurre by the Law for their deviation and transgression therein III. Whether the Kings Majesties privie Counsell either together or with the chiefe Governor or Governors of this Kingdome without him or them be a place of Judicature by the common Lawes where in case between party and party for Debts Trespasses Accounts Covenants possessions and title of Land or any of them and with them may be heard and determined and of what civill Causes they have jurisdiction and by what Law and of what force is their order or Decree in such cases or any of them IV. The like of the chiefe Governors alone V. Whether Grant of Monopolies be warrantable by the Law and of what and in what Cases and how and where and by whom are the Transgessors against such Grantees punishable and whether by Fine and mutilation of Members imprisonment losse and forfeiture of goods or otherwise and which of them VI. In what Cases the Lord Deputie or other chiefe Governors of this Kingdome and Counsell may punish by Fine imprisonment Mutilation of Members Pillory or otherwise they may sentence any to such the same or the like punishment for infrigeing the commands of any Proclamation or Monopolie and what punishment doe they incurre that doevote for the same VII Of what force is an Act of state or Proclamation in this Kingdome to bind the liberty goods possessions or inheritance of the natives thereof whether they or any of them can alter the common Law or the infringers of them lose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State or Proclamation or both and what punishment doe the sworne Judges of the Law that are privie Counsellors incurre that vote for such Act and execution of it VIII Whether the subjects of this Kingdome be subiect to the Marshall Law and whether any man in time of peace no enemy being in the fields with displayed colours can be sentenced to Death if so by whom and in what cases if not what punishment doe they incurre that in time of peace execute Marshall Law IX Whether voluntary Oathes taken freely before Arbitrators or others for affirmance or disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or in any other Court and why and wherefore X. Why and by what Law and upon what Rule of policie is it that none is admitted to reducement in the Castle-chamber untill he confesse the offence for which he is censured when as Revera he might be innocent therof though subordined proofes or circumstances might induce him to be censured XI Whether the Judges of the Kings Bench and by what law doe or can deny the copies of Indictments of Fellony or Tyeason to the parties accused of Treason contrary to the statute of 42. Edw. 3. XII Whether the statute of Baltinglase take from the Subiâ—cts out-lawed for Treason though erroniously the benefit of his Writ of Error and how and by what meanes that blinâ— clause not warranted by the body of that Act came to be interted and by what Law is it countenanced to the diminution of the liberty of the subject XIII What power have the Barons and the Court of Exchequer to raise the respite of homage Arbitrarily to what value they please and to what value they may raise it and by what law they may distinguish betweene respite of homage upon the diversities of the true value of the Fees when as all Escuage is the same for great and small Fees and they apportionable by Parliament XIIII Whether it 's censurable in the subjects of this Kingdome to repaire into England to appeale to his Majesty for Redresse of Jnjuries or for other their accusers if so why and in what condition of persons and by what law XV. Whether Deanes and other Dignitanies of Cathedrall Churches be properly de mero jure donative by this King or not elective or collative if so why and by what law and whether the confirmation of a Deane de facto of the Bishops Grantee be good and valid in the law or no if not by what law XVI Whether the issuing of Quo Warranto's against Burroughes that antiently and recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament be legall CAPTAINE AVDLEY MERVINS SPEECH To the House of Commons in Ireland Mr. Speaker IT was equall care and policy in our Predecessours First to lay a foundation and then by a continued industry to build and perfect so glorious a fabrique as the house of Commons lawfull summoned by the Kings writ represents it selfe unto us at this day In which so elaborate and exquisite a structure being finished and crowned with those fruitfull and peace-speaking events may challenge by right the title of a Jubile To so great a modell with neate and provident husbandry they intend no lesse then sutable furniture which allowed pride disdaine to cloath it with any other but with what by his Majesties favour they had procured out of his owne store I meane those great and large priviledges which by severall acts of royall favor have bin dispensed annexed nay hypostatically united to the same Priviledges are the soule by which we move the Sinnes and Nerves by which we are compacted they are them by which we breath Priviledges for their birth allyed to the Kings Prerogative for their antiquity sacred for their strength so re-intrenched by common law fortified by statutes insconsed by precedents of all times that no man ever attempted their violation with impunity so that now and then it may be truly said The Kings
binds me Where there is nothing left the King loses his right Now Mr Speaker in a Parliamentary way we must withdraw and enter into our own Sphear Enter into a discusse of those objections that impugne Mr Fitz-Gerralds election admittance and priviledge of this House The first that ushers in the train is a sentence cloathed in sable standing on tip-toe and with a rusty dagger thrusting at a starre I mean a sentence speaking errour a sentence visitng the third and fourth generation a sentence striving to leap over the bounds of Magna charta thirty times confirmed a sentence awarded against a Judge of a higher Court than from which it issued The cause in question is to nullifie this sentence which if he appear a person capable of his priviledge more sua vivit and then neither it nor any thing derivatory or collaterall to it may be admitted against him by the rules of common civill or common Law it being a maxime consonant to them all Non potest adduci ejusdam rei excepio cujus petitur dissolutio Now to prove this sentence void Mr. Speaker I being no professor of the Law yet a Disciple of reason and the body of the audient Subject to the like guilt I will couch my self in arguments quae probant non probantur leaving precedents and Book-cases to the learned long Robe Then thus I argue By the Star 3. E. 4. All judgements censures sentences c. awarded against a member of Parliament are void so was this government some may say the King is not here included I say qui dicit omne excludit nullum And experience the mother of knowledge teacheth the same in precedents afore rehearsed and one I will adde for all which Trewman 38. Hen. 8. who was in execution upon a writ of exigent after a Capias adsatis faciend at the Kings suit and yet priviledged besides this is not at the Kings suit for the King is interessed here but secondarily both in name and profit Now I must make good my minor that he is a member of this house he that was duely elected and truely returned is a member of this house so was he Ergo c. My minor will be questioned I confirm it thus where the Kings writ for election is duly pursued according to the most used and received form there such an election is good so was this Ergo. Here Mr. Speaker falls the weight of their objection which we will master and answer with equall speed and first vellicat mibi aurem nescio quis and saith the writ is Burgensis de Burgo but he is not Burgensis de Burgo First I say quomodo constat here is none to offer in proof he is not so beside I offer it in Quaere whether the election doth not ipsofacto make him a Burgesse in omni instanti again I say the writ is directive not positive v. g. in a venire facias the Sheriff commanded to return 12. yet if he return not 24. he shall be fined in respect experience and practice proves some of the 12. may be questioned and challenged besides the writ explains it self the Knights must be Comitatus tui but the Burgesses and Citizens de qualibet Civitate Burgo which can admit of no other construction but these two Burgesses out of every Burrough not as Comitatus tui is which were then of every Burrough and certainly the Law provided this with great reason as not doubting every Shire could afford two Knights resident yet jealous whether every Burrough could provide two resident Burgesses qualified with these necessary adjuncts as could befit a member of so noble a place Again the writ commands duos milites and yet exception was never taken upon returning of Esquires so that the writ expounds it self it is not literally to be taken Next there is Thunder and Lightning shot out of the Statute 33. H. 8. being a Stat. to regulate election and absolutely commanding every Knight and Burgesse to be resident and have a certain Fee-simple in every burrough and County out of which they are elected Here they suppose our Priviledge will cry quarter as ready to be murthered by the Statute but it is ominous ante victoriam canere For first we answer that the disuse of a Statute antiquates a Statute as is observed upon the Statute of Merton and custome applauded by fortunate experience hath in all Parliaments ever prevailed a house of Commons would rather present Babell in it's confusion if the Tincker would speak his Dialect the Cobler his and the Butcher conclude a greasie Epilogue then the writ were well pursued these were Idonei homines to take and give counsell de rebus arduis but even to cut off the head of their own argument by a Sword of their own this Stat. of 33. H. 8. seems by the preamble to be made in repeal of all former Statutes by which election not qualified with residency was made void and so became a grievance to the Common-wealth and therefore this Statute makes the election not observed ut supra onely penall so that there is nothing offered in objection either from the writ or Statute to avoid this election Now I have placed him and dayly elected him and then his priviledge grows by consequence yet we have other objections minoris magnitudinis and to repeat them is to confute them First say they every Libeller is de jure excommunicated I answer every Libeller must be Scriptis Pictis or Cantilenis our member is guilty of none of them no he is not tearmed so neither in the censure nor in any present proceeding Another flourish is that he pleaded not his priviledge in the Castle-Chamber in which very objection they confesse him priviledged and make themselves guilty that they would proceed against a known member of our House But see the Roman spirit of Mr. Fitz-Gerald who would rather undergo the hazard of being a Starre-Chamber Martyr than to submit our Priviledge to an extrajudiciall debate It was in our honour he did this and for his eternall applause some body sayes the Castle-Chamber will think it self injured there being Lords of the house of Parliament at and in the censure As for the Lords humanum est errare but the Judges are rather involved in these words Premeditata malitia for his election was the 11 of November sitting then in Parliament and his censure the 13 of December so they had 22 or 23 dayes to repent of their ill-grounded resolution a greater affront never offered to the house of Commons being comparative as if the Recorder of the Tolsell should sentence the Lord chief Justice of Ireland a member of our house is a walking Record and needs not to melt the Kings picture in his pocket Others alleadge it was an election purchased by collusion but de non existentibus non apparentib cadem est ratio And since the end of his election is in it self and perâ—se for the advancing of the
would scarce remunerat the iniuries repay the losses of this suffering Nation since the pronouncing of that fatall sentence What proportionable satisfaction then can this Common-wealth receive in the punishment of a few inconsiderable Delinquents But 't is a Rule valid in Law approved in equity that Qui non habent in crumen Luant in Corpore And 't is without all question in policy exemplar punishments conduce more to the safety of a State than pecuniary reparations Hope of impunity lulls every bad-great-officer into security for his time and who would not venture to raise a Fortune when the allurements of honour and wealth are so prevalent if the worst is can fall be but Restitution We see the bad effects of this bold-erroneous opinion what was at first but corrupt Law by encouragement taken from their impunity is since become false Doctrine the people taught in Pulpits they have no property Kings instructed in that destructive principle that all is theirs and is thence deduc'd into necessary state-policy whispered in counsell That he is no Monarch who is bounded by any Law By which bad consequences the best of Kings hath bin by the infusion of such poysonous positions diverted from the sweet inclinations of his own Naturall Equity and Justice the very essence of a King taken from him which is preservation of his people and whereas Salus populi is or should be Suprema Lex the power of undoing us is masqu'd under the stile of what should be Sacred Royall Prerogative And is it not high time for us to make examples of the first authors of this subverted Law bad Counsell worse Doctrine Let no man think to divert us from the pursuit of Iustice by poysoning the clear streams of our affections with jealous sears of his Majesties Interruption if we look too high Shall we therefore doubt of Iustice because we have need of great Justice We may be confident the King well knows That his Iustice is the Band of our Allegiance That 't is the staffe the proof of his Soveraignty 'T is a happy assurance of his intentions of grace to us that our loyalty hath at last won him to tender the safety of his people and certainly all our pressures weighed this 12 yeers last past it will be found the passive loyalty of this suffering Nation hath our-done the active duty of all Times and Stories As the Poet hath it fortiter ille facit qui miser esse potest I may as properly say Fideliter fecimus we have done loyally to suffer so patiently Then since our Royall Lord hath in mercy visited us let us not doubt but in his Justice he will redeem his people Qui timidè rogat docet negare But when Religion is innovated our Liberties violated our Fundamentall Laws abrogated our modern Laws already obsoleted the propriety of our Estates alienated Nothing left us we can call our own but our misery and our patience if ever any Nation might iustifiably this certainly may now now most properly most seasonably cry out and cry aloud vel Sacra Regnet Iustitia vel Ruat Coelum Mr. Speaker the summe of my humble motion is that a speciall Committee may be appointed to examine the whole carriage of that Extraiudiciall iudgement Who were the Counsellors Soliciters and subscribers to the same the reasons of their Subscription whether according to their opinions by importunity or pressure of others whether proforma tantum And upon report thereof to draw up a charge against the guilty and then Lex Currat Fiat Iustitia A brief Discourse concerning the power of the Peers and Commons of Parliament in point of Iudjcature SIR to give you as short an account of your desires as I can I must crave leave to lay you as a ground the frame or first modell of this State When after the period of the Saxon time Harold had lifted himself into the Royall Seat the Great men to whom but lately he was no more equall either in fortune or power disdaining this act of arrogancy called in William then Duke of Normandy a Prince more active than any in these Western parts and renowned for many victories he had fortunately atchieved against the French King then the most potent Monarch in Europe This Duke led along with him to this work of glory many of the younger sons of the best families of Normandy Picardy and Flanders who as undertakers accompanied the undertaking of this fortunate man The Usurper slain and the Crown by war gained to secure certain to his posterity what he had so suddenly gotten he shared out his purchase retaining in each County a portion to support the Dignity Soveraign which was styled Demenia Regni now the ancient Demeans and assigning to others his adventures such portions as suited to himself dependancy of their personall service except such Lands as in free Almes were the portion of the Church these were styled Barones Regis the Kings immediate Freeholders for the word Baro imported then no more As the King to these so these to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comites or the like for we finde as in the Kings Writ in their Writs Baronibus suis Francois Anglois the Soveraigne gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the one and a Baron of the inferiour donations to Lords of Town-ships or Mannors And thus the Land so was all course of Iudicature divided even from the meanest to the highest portion each severall had his Court of Law preserving still the Mannor of our Ancestors the Saxons who jura per pages reddebant and these are still tearmed Court-Barons or the Freeholders Court twelve usually in number who with the Thame or chief Lord were Iudges The Hundred was next where the Hundredus or Aldermanus Lord of the Hundred with the chief Lord of each Township within their limits iudged Gods people observed this form in the publike Centureonis decam Judicabant plebem omni tempore The County or Generale placitum was the next this was so to supply the defect or remedy the corruption of the inferiour Vbi Curiae Dominorum probantur defecisse pertinet ad vice comitem Provinciarum the Iudges here were Comites vice comites Barones Comitatus qui liberas in hoc terras babeant The last and supreme and proper to our question was generale placitum apud London universalis Synodus in Charters of the Conquerour Capitalis curia by Glanvile Magnum Commune consilium coram Rege magnatibus suis In the Rolles of Henry the 3. It is not stative but summoned by Proclamation Edicitur generale placitum apud London saith the book of Abingdon whether Epium Duces principes Satrapae Rectores Causidici ex omni parte confluxerunt ad istam curiam saith Glanvile Causes were referred Propter aliquam dubitationem quae emergit in comitatu cum
Ego Rex meus Or if there shall be sound any cruell Bonners c. such I confesse I would not spare for they will spare none But in the counterballance if there may be found but one good Cranmer or one good Latimer or Ridley I would esteeme and prize them as such jewels to be set in the Kings own Cabinet for such I am sure will pray for the peace of Jerusalem and for the peace of King Charles and his three Kingdomes which God long preserve in concord and unity But Master Speaker we must also be Actors in the preservations of Religions concordance which wil never be safe nor well at quiet untill these heavy drossie Canons with all their base mettall be melted and dissolved let us then dismount them and destroy them which is my humble motion A SECOND SPEECH made by Sir John Wray in the Commons-House 24. November 1640. Mr. Speaker BY the report made from the Committee of Religion you may see to what exorbitant height Poperie is growne and yet how slowly we go on to suppresse it I feare God is displeased with us or else no disaster should have prevented the sealing of our Covenant when intended and I hope it shall be performed the next Sabbath Had our Fast beene accepted and our Humiliation Cordiall no blow should have distracted our preparation Master Speaker if we had taken the good Counsell of our Teachers at the Fast and beleeved their Report we had done well and by this time no doubt we might have found out Achan with his Wedge of Godl and Babilonish garment But we have spent our time onely in peeling of the Barke and snatching the boughes and branches of Poperie and that will doe us no good for they will prove and grow thicker and harder What must we do then Master Speaker to preserve our Religion safe and sound to us and to our Posterity that our Candlesticke be not removed The only way is to fall to our worke in earnest and lay the Axe to the Root to unloose the long and deepe fangs of Poperie and Superstition which being once done the bodie will soone fall downe Let us then Master Speaker endeavour a through Reformation for if it be imperfect it will prove the seed of dissolution if not dissolutions which God forbid and to prevent it I shall humbly move that the Groves and High-places of Idolatry may be removed and put down and then Gods wrath will be appeased and till then never Mr. GRIMSTONS SPEECH In the House of Commons IN PARLIAMENT CONCERNING EPISCOPACY In Feb. 1640. Mr. Speaker THese two honorable Lords Lord Digby Lord Faulkland that spake last have not only prevented me in much I intended to have spoken my self but they have likewise taught me much I knew not before Therefore it is not much you can expect from me All that I shall say at this time is rather to prepare the matter for the question which hath already been so learnedly debated by them than to speak any thing of the matter it self I must confesse when I look upon the Bishops or at least upon some of them and the way of their Government and the sufferings of the people under their Tyranny I wonder not at all at the multitude of Petitioners and Petitions that have this Parliament been preferred against them and that they all cry out Crucifie Crucifie or that they would have been up by the roots but it is necessary we should distinguish between the persons of the Bishops which are so obnoxious and their Functions and Offices for there is no more weight in the Argument that because the Bishops have done amisse therefore take away Episcopacy than there is in it because the Judges of the Common Law are in fault therefore take away Judges and take away the Common Law For my own part I conceive it an easier matter and safer for us Addere Inventis to reform what is amisse in them and their Government then Creare Novum to set up a new form of Goverment which we have had no experience of nor do we know how it should suit either with the humours of the people or with the Monarchiall Government And it may be the new Government which is so much desired if it be brought in upon the grounds and foundations that some would have it it will be out of our powers ever to minister it again Whereas on the other side the Government which is already established if the Governours exceed their bounds they may fall into a Premunire and other penalties which the Law hath provided in that Case and if that be not sufficient we have yet another hanck upon them for our Parliaments have continually a command over them Then Sir It may be demanded of me of their being so much amisse what is that I would have done Truely Sir I am of opinion that much must be done or else we had as good do nothing Therefore I come to the particulars Church Government may be compared to a Castle let a Castle be never so strong once in four-score yeers for so long it is since the first reformation it may need repair and it is not the Castle alone I mean the Government that needs repair but likewise the Governours themselves who most wickedly and trayterously have turned their Canons upon us which should have been used for our defence In the first place therefore I conceive it not onely convenient but of absolute necessity and the payring of their excrescences I mean their temporall Jurisdiction I must confesse I know not to what purpose they should sit upon our Benches at our Sessions of the Peace and Goal-Deliveries or in the Starre-Chamber for by wofull experience we finde that their Judgements are guided there more by their boundlesse wills and fiery transported passions than by reason and the rule of Law which ought to have been their director I conceive that of lesse use their sitting at the Councell boord to be there at the Helm to guide and steer the temporall affairs of the Common-wealth certainly that is not the Plough they ought to follow and by the neglecting of it that is the reason that so many briers brambles and stinking weeds are sprung up in Gods House the Church to the great destruction of all his Majesties Kingdoms here at home and the great wonder and amazement of all the reformed Churches abroad And I conceive it of the least use of all their sitting in Parliaments as powers to give their voices in the making of Laws and yet I would not utterly exclude them For I conceive it might be convenient that all or at least some of them might alway be present there as Assistants to give their advice in Spirituall matters when they are thereunto required by the Lords as the Justices do in Temporall In the next place I conceive it of as absolute necessity the robbing of the Jurisdiction of the high Commission Court or at least to limit and bound
the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heirs and Successors others than the said Earl and his heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The first Speech concerning the the right of Bishops to sit in Parliament May 21. 1641. My Lords I Shall take the boldnesse to speak a word or two upon this subject first as it is in it self then as it is in the consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the conquest and by the same power and the same right the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred yeers strengthned and confirmed and that without any offence nay pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclefiasticall vocation an argument I heare much of hath in my apprehension more of shadow then in substance in it if this be a reason sure I am it might have been one six hundred yeers ago A Bishop my Lords is not so circumscribed within the circumference of his Diocesse that his sometimes absence can be termed not in the most strict sense a neglect or hindrance of his duty no more than that of a Zievetenant from his Count y they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides my Lords the lesser must yeeld to the greater good to make wholesome and good Lawes for the happy and well regulating of the Church and Common-wealth is certainly more advantagious to both then the want of the personall execution of their office and that but once in three years and then peradventure but a moneth or two can be prejudiciall to either I will go no further to this which experience hath done so fully so demonstratively And now my Lords by your Lordships good leave I shall speak to the consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniencies are ever best prevented è longinquo this president comes neer to your Lordships and such a one mutato nomine de vobis Pretences are never wanting nay sometimes the greatest evils appeare in the most faire and specious out-sides witnesse the Shipmony the most abominable the most illegall thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alleage be to convine and which of your Lordships can say then he shall continue a member of this House when at one blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Vcalegon And for the Bishops my Lords in what condition will you leave them The House of Commons represents the meanest person so did the Master his slave but they have none to do so much for them and what justice can tie them to the observation of those Lawes to whose constitution they give no consent the wisdome of former times gave proxies unto this House meerly upon this ground that every one might have a hand in the making of that which he had an obligation to obey This House could not represent therefore proxies in roome of persons were most justly allowed And now my Lords before I conclude I beseech your Lordships to cast your eyes upon the Church which I know is most dear and tender to your Lordships you will see her suffer in her principall members and deprived of that honor which here and throughout all the Christian World ever since Christianity she constantly hath enjoyed for what Nation or Kingdome is there in whose great and publike assemblies and that from her beginning she had not some of hers if I may not say as essentiall I am sure I may say as integrall parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as hers even Heathenisme claims an equall share I never read of any of them Civill or Barbarous that gave not thus much to their Religion so that it seems to me to have no other originall to flow from no other spring than Nature it selfe But I have done and will trouble your Lordships no longer how it may stand with honor and justice of this House to passe this Bill I most humbly submit unto your Lordships the most proper and only Juges of them both The second Speech about the lawfulnesse and convenieny of their intermedling in Temorall Affaires My Lords I Shall not speake to the Preamble of the Bill that Bishops and Clergie men ought not to intermeddle in temporall offairs For truly my Lords I cannot bring it under any respect to be spoken of Ought is a word of relation and must either refer to humane or divine Law to prove the lawfulnesse of their intermedling by the former would be to no more purpose than to labour to convince that by reason which is evident to sense It is by all acknowledged The unlawfulnesse by the latter the bill by no means admits of for it excepts Universities and such persons as shall have honour descend upon them And your Lordships know that circumstance and chance alter not the nature and essence of a thing nor can except any particular from an universall proposition by God himself delivered I will therefore take these two as granted first that they ought by our Law to intermeddle in temporall affairs secondly that from doing so they are not inhibited by the Law of God it leaves it at least as a thing indifferent And now my Lords to apply my self to the businesse of the day I shall consider the conveniency and that in the severall habitudes thereof but very briefly first in that which it hath to them meerly as men qua tales then as parts of the Common-wealth Thirdly from the bâ—st manner of constituting laws and lastly from the practice of all times both Christian and Heathen Homo sum nihil humanum
à me alienum puto was indeed the saying of the Comedian but it might well have becom'd the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason must onely man be hindered from his proper actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with conscience So is not ignorance they seldome or never meet And why should we take that capacity from them which God and nature have so liberally bestowed My Lords the politike body of the Common-wealth is analogicall to the body naturall every member in that contributes something to the contribution of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truely my Lords to be part of the other body and do nothing beneficiall thereunto cannot fall under a milder term The common-wealth subsists by laws and their execution and they that have neither head in the making nor hand in the executing of them conferre not any thing to the being or well being thereof And can such be called members unlesse most unprofitable ones onely fruges consumere nati Me thinks it springs from nature it self or the very depths of Justice that none should be tied by other Laws than himself makes for what more naturall or just than to be bound onely by his own consent to be ruled by anothers will is meerly tyrannicall Nature there suffers violence and man degenerates into beast The most flourishing Estates were ever governed by Laws of an universall constitution witnesse this our Kingdom witnesse Senatus populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternall memory Some things my Lords are so evident in themselves that they are difficult in their proofs Amongst them I reckon this inconveniency I have spoken of I will therefore use but a word or two more in this way The long experience that all Christendom hath had hereof for these 1300 yeers is certainly argumentum ad bominem Nay my Lords I will go further for the same reason runs thorow all Religions never was there any Nation that employed not their religious men in the greatest affairs But to come to the businesse that lies now before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publike The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evill they may do which yet your Lordships do not know and I am confident never shal suffer A position ought not to be destroyed by a supposition à posse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours do it negatively in answering some inconveniences that may seem to arise Object 1 For the Text No man that warres intangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be tearms equivalent Besides my Lords though this was directed to a Church-man yet it is of a generall nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum Object 2 It may be said that it is inconsistent with a spirituall vocation truely my Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects nature and raises it to a heighth above the common altitude and makes it most fit for those great works of God himself to make Laws to do Iustice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. Object 3 But though in strict tearms this be not inconsistent yet it may peradventure hinder the duty of their other calling My Lords there is not any that sits here more for preaching than I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600 yeers acquaintance should make the Gospel of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to vertue dehortations from vice and partly in easing the burdened conscience These my Lords compleat the office of a Church-man Nor are they altogether tied to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be tearmed the breach of them all I must adde one more an essentiall one the very form of Episcopacy that distinguisheth it from the inferiour Ministry the orderly and good government of the Church and how many of these I am sure not the last my Lords is interrupted by their sitting here once in 3 yeers and then peradventure but a very short time and can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperour Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted with about his military affairs as Eusebius has it in his life lib. 4. c. 56. Object 4 Reward and punishment are the great negotiators in all worldly businesses these may be said to make the Bishops swim against the stream of their consciences and may not the same be said of the Laity Have these no operations but onely upon them Has the King neither frown honour nor offices but onely for Bishops Is there is nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will go against the light of their understanding The holinesse of their calling their knowledge their freedoms from passions and affections to which youth is very obnoxious their vicinity to the gates of death which though not shut to any yet alwayes stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a poeticall not a logicall argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Iudge Magistrate nor Officer more A personall
upon Bill or information and Cite such parties to appeare as stand accused of any misdemeanour and this was the Infancy of the Starchamber but afterwards the Starchamber was by Cardinall Woolsey 8 H. 8. raised to mans Estate from whence being now altogether unlimited it is grown a Monster and will hourely produce worse effects unlesse it be reduced by that hand which laid the foundation for the Statutes that are ratified by Parliament admit of no other than a repeale Therefore I offer humbly unto your Lordships these ensuing Reasons why it should be repealed First the very words of the Statute cleerly shew that it was a needlesse institution for it sayes they who are to Judge can proceed with no delinquent otherwise then if he were convicted of the same crime by due proces of Law And doe your Lordships holdth is a rationall Court that sends us to the Law and calls us to the Law and calls us back from it againe Secondly divers Judicatories confound one another in pessima republica plurimae Leges The second reason is from circumstance or rather à Consuetudine and of this there are many examples both domestique and forain but more particularly by the Parliaments of France abbreviated into a standing Committee by Philip the King and continued according to his Institution untill Lewis the eleventh came to the Crown who being a subtill Prince buried the volume in the Epitome for to this day when ever the three Estates are called either at the death of the old King or to Crown the new It is a common Proverb Allons voire Le van des Estates My Lords Arbitrary judgements destroy the Common Laws and in them the two great Charters of the Kingdome which being once lost we have nothing left but the name of liberty Then the last reason is though it was the first cause of my standing up the great Eclipse it hath ever been to the whole Nobility For who are so frequently vexed there as Peers and Noblemen and notwithstanding their appeale to this Assembly is ever good whilst that famous Law of the 4 Ed. 3. remaines in force for the holding of a Parliament once a year or more if occasion require yet who durst a year ago mention such a Statute without the incurring the danger of M. Kilverts persecution Therefore I shall humbly move your Lordships that a select Commitee of a few may be named to consider of the act of Parliament it selfe and if they shall thinke it of as great prejudice as I doe that then the house of Commons in the most usuall manner may be made acquainted with it either by Bill or conference who also happily thinke it a burthen to the Subject and so when the whole body of Parliament shall joyne in one supplication I am confident his Majestie will desire that nothing shall remaine in force which his people doe not willingly obey Lunae the 10. of May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Lord Maior of London the Justices of Peace of Midlesex Westminster and the Liberties of the Dutchie of Lancaster and those of Surrey that are for the Burrough of Southwarke and the place adjoyning doe imploy their best endeavors to prevent that none of the Kings Subjects doe frequent the houses of any the Embassadors Somerset-house or St. James to heare Masse And that they give an accompt to this House of the Execution of this Order at all such times as by the said House they shall be required My Lord Finch his Letter to my Lord CHAMBERLAINE My most welbeloved Lord THe Interest your Lordship hath ever had in the best of my fortunes and affections gives me the Priviledges of troubling your Lordship with these few lines from one that hath now nothing left to serve you withall but his Prayers Those your Lordship shall never faile with an heart as full of true affection to your Lordship as ever any was My Lord it was not the losse of my place and with that of my fortunes nor being exiled from my deare Countrey and friends though many of them were cause of sorrow that afflicts but that which I most suffer under is that displeasure of the House of Commons conceived against me I know a true heart I have ever borne towards them and your Lordship can witnesse in part what wayes I have gone in but Silence and patience best becomes me with which I must leave my selfe and my Actions to the favourable construction of my Noble Friends in which number your Lordship hath a prime place I am now at the Hague where I arrived on Thursday the last of the last moneth where I purpose to live in a fashion agreeable to the poorenesse of my fortunes for my humbling in this world I have utterly cast off the thoughts of it and my aime shall be to learne to number my daies that I may apply my heart unto wisdome that wisdome that shall wipe all teares from mine eyes and heart and lead me by the hand to true happinesse which can never be taken from me I pray God of heaven blesse this Parliament with a happy both progresse and conclusion if my ruine may conduce but the least to it I shall not repine at it I truly pray for your Lordship and your Noble Family that God would give an increase of all worldly blessings and in the fulnesse of dayes to receive you to his glory if I were capable of serving any body I would tell your Lordship that no man should be readier to make knowne his devotion and true gratitude to your Lordship then Your Lordships most humble and affectionate poore kinsman and servant J.F. Hague Jan. 3. 1640. The Lord KEEPERS Speech TO HIS MAJESTIE at the Banquetting-house at White-hall in the name of both Houses May it please Your Majestie I Am to give your Majestie most humble and heartie thanks in the name of both houses of Parliament and this whole Kingdome for the speedy and gracious Royall assent unto the Bill Entitled An act for preventing of inconveniences happening by the long intermission of Parliaments which as it is of singular comfort and securitie for all your Subjects for the present so they are confident it will be of infinite honor and setlement of Your Majesties Royall Crowne and dignitie as well as comfort to their postiritie The Declaration of the Scots Commissioners to the House of Parliament touching the maintenance of their Army March the 16th 1640. IN the midst of other matters necessitie constraineth us to shew your Lordships that fourescore thousand pounds and above of the Moneys appointed for reliefe of the Northerne Countreys there is no more paid but 18000 l. the Country people of those Countreys have trusted the souldiers so long as they are become weary and unable to furnish them their cattell and victuall being so farre exhausted and wasted as it is scarce able to entertain themselves The Markets are decayed
called them that have been the Authors of those Evils and the Troublers of our Israel doe go unpunished it will never be better with us for now during Parliament like frozen Snakes their poyson dryes up but let the Parliament dissolve and then their poyson melts and scatters abroad and doth more hurt then ever What then must be done Why what the Playster cannot doe must be done by the Law Ense recidendum est ne pars sincera trahatur I can not better English it then in the words of a King Let them be cut of in their wickednesse that have framed mischiefe as a Law My conclusion Mr. Speaker is this Let the wofull violation of the State of Monopolies and the Petition of Right be made Felony or Premunire at the least but yet in the interim let them be made examples of punishment who have been the Authors of all those miseries according to the Counsell of Salomon Take away the wicked from before the King and his Throne shall be Established in Righteousnesse To the right Honorable the Lords Spirituall and Temporall in the high Court of Parliament assembled The humble Petition of Thomas Earle of Strafford his Majesties Lievtenant Generall of Ireland Most humbly sheweth THat in obedience to your Lordships order and in due respect and acknowledgment of your noble justice you vouchsafed this your Petitioner the other day he now expresseth in writing that humble request that he then made concerning the examining of witnesses which with your Lordships favor was this 1 That there might be no admission of any examination of witnesses in the cause till your Petitioner hath put in his answer to the charge of Treason exhibited against him 2 That after answer no witnesses should be examined before your Petitioner had the names of such witnesses delivered unto him by your Lordships order to the intent as by his Councell he should be advised he might either except against such witnesses or crosse-examine them 3 That before either of these two points should be over-ruled against your Petitioners your Lordships would be honorably pleased to heare him by his Councell at the Barre to shew cause why he humbly conceives his desires herein to be just and reasonable Finally your Petitioner humbly craves your Lordships remission if his Petition be not so formall as it ought and might be had he the help of Councell And shall ever with all expression of duty and thankfulnesse retaine in full memory your Lordships most honourable Justice and noble respects to your Petitioner the other day and pay your Lordships the duties of this whole life for the same and alwayes and unfainedly pray for your most noble Lordships increase of all everlasting honour and happinesse Concerning the Prices of Wine c. Die Mercurii Maii 26. 1641. UPon the whole matter of the Report It was resolved upon the question 1 That the Patent for the payment of 40 shillings per Tun on the Wines by the Merchants is illegall in the creation and a grievance 2 That the imposition of a penny on a quart on French Wines and two pence on a quart on Spanish Wines is a grievance 3 That the Patent of the imposition of 40 shillings per Tun is a grievance in the execution 4 That Alderman Abel and Master Richard Kilvert are the principall Projectors both in the creation and execution of this illegall imposition of 40 shill per Tun. Resolved upon the question That there shal be a Bill prepared declaring the offences of Alderman Abel and Richard Kilvert to the end they may be made exemplary Resolved c That a select Committee be named to examine who were the Referrers Advisers Sharers Complotters and Contractors and those that have received any bribe or benefit by this Patent and who drew the Patent Resolved c. That the Proclamation dated the 15th of July in the 14th yeare of the King prohibiting the Wine-Coopere to buy and sell Wine is illegall and against the liberty of the Subject Resolved c. That the Decree-made in the Star-chamber in December 1633. prohibiting retailing Vintners to dresse meat in their own houses to sell againe to guests is illegall and against the liberty of the Subject Sir Thomas Rowe his Speech at the Councell Table touching Brasse-Mony or against Brasse-Money with many notable observations thereupon July 1640. MY Lords since it hath pleased this Honorable table to command amongst others my poore opinion concerning this waighty proposition of money I must humbly crave pardon if with that freedome that becometh my duty to my good and gracious Master and my obedience to your great commands I deliver it so I cannot my Lords but assuredly conceive this intended project of infeobling the Coyn will trench very far both into the honor of Justice and profit of my Royall Master All estates do stand Magis faâ—â—a quam vi as Tacitus saith of Rome And wealth in every Kingdome is one of the essentiall marks of their greatnesse and is best expressed in the measures and purity of their moneys Hence it was that so long as the Romane Empire a pattern of the best Government held up their glory or greatnesse they ever maintained with little or no change the standard of their Coyn but after the loose time of Commodus had led in need by excesse and so by that shift of changing the standard the Majesty of that Empire fell by degrees And as Vopiscus saith the steps by which that State descended were visible most by the generall alteration of their Coynes and there is no surer simptomes of consumption in State then the corruption of the Money What Renowne is left to the Posterity of Edw. 1. in amending the standard both in puritie and weight from that of elder and barbarous times it must needs stick as a blemish upon Princes that do the contrary Thus we see it was with Hen. 6. who after he had begun with abaiting the measures he afterwards fell to abasing the matter and grâ—nted Commission to Missend and others to practise Alcamie to serve his Mint The extremity the State in generall felt by this agrievance besides the dishonor it layd upon the person of the King was not the least disadvantage his disloyall kinsman tooke to ingrace himselfe into the peoples favours to his Soveraigns Reign When Hen. the 8th had gained as much of power and glory abroad of love and obedience at home as ever any he suffered a losse by this Rock When his Daughter Queene Elizabeth came to the Crowne she was happier in Councell to amend that error of her Father for in a memoriall of the Lord Treasurer Burleighs his hand I finde that he and Sir Thomas Smith a grave and learned man advised the Queen that it was the Crown and the true wealth of her selfe and people to reduce the standard to the antient party and purity of her great Grandfather Edward the 4th and that it was not the short end of wits nor starting holes
of many a 14th in the silver and a 25th part in all the gold they after shall receive so shall the Nobilitie Gentry and all other landed men in all their former setled Rents Annuities Pensions and sums of money the like will fall upon the labourers and workemen in their statute wages And as their receipts are lessened hereby so are their issues increased either by improving all prices or disfurnishing the Market which must necessarily follow for in the 5th of Edw. 6th 3º Mary 4 to Eliz. as appeareth by their Proclamations That a Rumour only of alteration caused such effects punishing the author of such reports with Imprisonment and Pillory It cannot be doubted but the proiecting of such a change must be of far greater consequence and danger to the State and would be wished that the Actors and authors of such disturbances in the Common-wealth at all times hereafter might undergo a punishment proportionable It cannot be held I presume an advise of best iudgement that layeth the losse upon our selves and the gain upon our enemies for who are like to be in this the greatest thrivers is not visible that the strangers who support or money for bullion our own Gold-smiths who are their Brokers and the Hedgminters of the Netherlands who tearmed them well will have a fresh and full trade by this abasements And we do not the Spanish King our greatest enemy a greater favour than by his who being Lord of these commodities by his West-Indies we shall so advance them to our impoverishment for it is not in the power of any State to raise of the price of their own but the value that their neighbours set upon them experience hath taught us that the enfoebling of Coyn is but a shift for a while as drinke to one in a dropsie to make him swell the more but the state was never thorowly cured as we saw in Henry the Eighths time and the late Queens untill the Coyn was made rich again I cannot but then conclude my honorable Lords that if the proportion of Gold and Silver to each other be wrought to that purity by the advice of the Artists that neither may be too rich for the other that the Mintage may be reduced to some proportion of neighbour parts and that the issue of native commodities may be brought to over-ballance the entrance of the forraigne we need not seek any shift but shall again see our trade to flourish the Mint as the pulse of the Common-wealth again to bear and our Materialls by Industry to be Mynes of Gold and Silver which we all wish and work for supported unto us and the honor of Justice and Profit of his Maiesty Certain general Rules collected concerning Money and Bullion out of the late Consultation at Court GOld and silver hath a two fold estimation in the extrinsique as they are moneys and Princes measures given to his people and this is a Prerogative of Kings in the Intrinsique they are commodities valewing each other according to the plenty or scarcity and so all other commodities by them and that is the sole power of Trade The measure in a Kingdome ought to be constant It is the Justice and honor of the King for if they be altered all men at that time are deceived in the precedent contracts either for lands or moneys and the King most of all for no man knoweth either what he hath or what he oweth This made the Lord Treasurer Burleigh in Anno 1573. when some Projectors had set on foot a matter of that nature to tell them that they were worthy to suffer death for attempting to put so great a dishonor upon the Queen and detriment and discontent on the people for to alter this publike measure is to leave all the Markets of the Kingdome unfurnished and what will be the mischiefe the Proclamation of 5. and 6. 3o. Mary and 4th of Eliz. will manifest when but a rumor produced that effect so farre that besides the faith of the Princes to the contrary delivered in their Edicts they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Market to prevent a mutiny To thinke then this measure at this time short is to raise all prices or to turn the measure or money now current into disuse and Bullion for who will depart with any when it is by seven more in the hundred in the masse then the now moneys and yet of no more value in the Market Hence the necessitie of it will follow that there will not of a long time be Minted of the new to drive the exchange of the Kingdome and so all trade at one instance at a stand and in meane time the Markets unfurnished and thus far as money is a measure Now as it is a commoditie it is respected and valued by the intrinsique qualitie and first the one mettall to the other All commodities are priced by plenty or scarcity by dearenesse or cheapnesse the one to the other If then we desire our silver to buy gold as it hath lately been we must let it it be the cheaper and lesse in proportion valued and so contrary for one equivalent proportion in both will bring in neither we see the profit there of the unusuall quantitie of gold brought lately to the Mint by reason of the price we rate it at above all other Countries and gold may be bought too dear to furnish then this way the Mint with both is impossible And at this time it was apparantly proved both by the best Artists and marchants most acquainted with the Exchange in both the examples of the Mint-masters in the Rix-dolor and Royall of Eight that silver here is of equall valew and gold above with forreine parts in the intrinsique but that the fallacie presented to the Lords by the Mint-masters is only in the nomination of extrinsique qualitie But if we desire both it is not the raysing the valew that doth it but the balancing the Trade for we buy more then we sell of all other commodities be the money never so high priced we must part with it to make the disproportion even if we sell more then the contrary will follow And this is plain in Spanish necessities for should that King advance to a double his Royall of Eight yet needing it by reason of the barrennesse of his Country more of forreign wares then can countervaile by exchange with his wares he must then part with his money and gain the more by enhaunsing his coyn but he payeth a higher price for the commodities he buyeth if this work of raysing be his own But if we shall make improvement of gold and silver being the Staple-commodities of this Kingdome we then advancing the the price of his abase to him our own commodities To shape this kingdome to the fashion of the Netherlands were to frame a Royall Monarchie by a society of Marchants their Country is a continuall Faire and so
submit it to your Lordships wisdome and goodnesse and seeing there is no malignity in it nor prejudice to the state That your Lordship would vouchsafe me your favour and protection and preserve me from perishing Callis January 11. 1640. Your Lordships most humble and faithfull though much distressed servant Fran. Windebanck The Lord Andevers speech concerning the pacification the 6 of March. My Lords I Did lately move your Lordships that the breach of the pacification might be speedily reviewed as the â—num necessarium and truly my opinion at that time is yet nothing altered although upon better thoughts me thinks it would first be known who did actually engage us in these fruitles dissentions and so derive the mischiefe from some originall For my Lords the kingdome cannot now long stant at gaze or undergoe new burthens Wherefore what is to be done if you intend it should prosper must presently receive life from the whole people otherwise we shall expire in a dream and when the successe differs from expectation it is not enough to cry quod non put ar am My Lords the wiseman saies there is a proper season for all things under the Sun and we often finde the experiment in naturall bodies which are voluntarily weakned to recover strength yet with a restriction to such bounds and limits as the Physitian prescribes himself and truly I think it is your Lordships case at this point either to consider what should further be done then is already or else how to get out of those labyrinths we now are in lest the words of the Psalmist come home to our selves Vendidisti populum sinepretio My Lords I am confident the House of Commons doth throughly see both into the prejudice and vast expence that these two armies lay upon the land and undoubtedly so many Gentlemen of worth as sit there will have tender eyes upon the Commonweale It will therefore become your Lordships to second them in your way and whilest they apply to publique wounds the care of this house may search the intestines for if they be not cleansed it will be but a superficiall Cure and break out againe My Lords it seems the Earle of Strafford and the Archbishop of Cant. have gone the high waies of iniquity and every one knows how to trace them but Mines under ground are most considerable which unlesse they be likewise found out may at any time spring and supplant the whole fabrick of all our labours Let us then examine this fantastick warre ab initio lest as the Duke of Burgundy made a few Sheepskins the cause of his quarrel so we shall find those sheets of paper sent under the name of a Liturgy and book of Canons were but the Mopsas of the story to divert our eyes from the main designe Therefore my humble motion shall be for a selected Committee of no great number who may have power from the House to begin ab origne mali revise every mans negotiations who was either an Actor or Counsellor since the first appearance of those troubles in Scotland and that they may examine the Scottish Counsell upon such Articles as the heavy pressure of this Kingdome shall upon common fame administer unto them By the Major The Order of the House of Commons to the Lord Major for the due observing the Sabbath day IT is this day ordered by the House of Commons the Aldermen and Citizens that serve for the City of London shall intimate to the Lord Major from this House that the Statutes for the due observing of the Sabbath be put in execution And it is further ordered that the like intimation from this House be made to the Justices of Peace in all the Counties of England and Wales And the Knights of the Shire of the severall Counties are to take care that the Copies of this Order be accordingly sent to the Justices of Peace in the severall Counties FOasmuch as the Lords Day commonly called Sunday is of late much broken and prophaned by a disorderly sort of People in frequenting Taverns Ale-houses and the like and putting to sale victuall and other things and exercising unlawfull games and pastimes to the great dishonor of God and reproach of Religion whereof the House of Commons now assembled hath been pleased to take notice and by their order intimation hath been given unto me that the Statutes for the due observing of the Sabbath be put in execution These are therefore in his Majesties name to will and require you forthwith upon the sight hereof that you give strict charge and command unto all and every the Churchwardens and Constables within your Ward that from henceforth they doe not permit or suffer any person or persons in the time of divine service or at any other time upon the Sunday to be drinking or playing in any Tavern Inne Tobacco-shop Ale-house or other victualling house whatsoever nor suffer any Fruiterer Milkwoman or Hearbwomen to stand with fruit milk herbs or any other Victuall or Wares in any the streets lanes or allies within your ward or any other wayes to put those things or any other to sale upon the Sunday at any time of the day or in the evening not to permit or suffer any Person or Persons to use or exercise upon that day any unlawfull exercises and Pastimes within your ward and that expresse charge be given to every keeper of any Tavern Inne Cookshouse Tobaccohouse Alehouse or any other tipler or victualler whatsoever within your ward that hereafter they receive not or suffer to remain any person or persons whatsoever as their guests or customers to tiple eate drinke or take Tobacco in their houses upon any Sunday other then that Inholders may receive their ordinary guests or Travellers and such like who come to remain for a time in their Inne for dispatch of their necessary businesse And if any person or persons shall be found offending in the premisses that then they be brought before me the Lord Major or some other of his Majesties Justices of Peace to the end they may receive such punishment as to justice shall appertaine And hereof not to faile as you will answer the contrary at your perill This thirteenth of Aprill 1641. Occasionall Speeches made in the House of Commons this Parliament 1641. Concerning Religion Novemb. 12. 1640. Mr. SPEAKER IT was well observed by my Lord Keeper that a multiplying Glasse may deceive but the right English Glasse of the Common-wealth never In which I discern so comely and active a Motion that out of all question some great work is here to be done some thing extraordinary is here to be decreed or else God and the King beyond all our expectations at the last breath would never so soon have cemented us again to meet in in this great Councell Mr. Speaker What an happy sight will it be to see the King and his People accord A threefold cord is not easily broken and I hope King Charles his threefold Kingdomes shall never
Lord Sheffeild very differing from all that went before it being left out that they should enquire per sacramentum bonorum legalium hominum and to heare and determine secundum leges Angliae Relation being had only to the instructions which were the first instructions we can finde were sent thither though I told your Lordships there were some mentions of some In 1. Jac. I shall not trouble your Lordships with these Instructions nor with the other that followed in 14. Jacobi to the same man nor in 16 Jacobi when a new Commission was granted to my Lord Sunderland nor indeed with any till we come to these present Instructions and Commissions under which that part of the Kingdome groans and languisheth My Lord of Strafford came to that government in Decemb 4. Caroli and since the Commission hath been three severall times removed in the fist year in March in the eighth in Novemb. in the thirteenth year of his Majesties reigne into that Commission of 8. and 13. a new clause served in for the granting sequestring and establishing Possessions according to instructions crowded in a Masse of new exorbitant and intolerable power though our complaint be against this Commission it selfe and against the whole body of those instructions I shall not mispend your Lordships pretious time in desiring to have the whole read but shall presume to trouble your Lordships only with five or six of the instructions that by the vast irregularity of those your Lordships may judge how insupportable the whole burthen is I shall not trouble your Lordships with the nineth Instruction though it be but short which introduceth that miseram servitutem ubi jus est vagum incognitum by requiring an obedience to such ordinances and determinations as be or shall be made by the Councell Table or high Commission Court A grievance my Lords howsoever consuetudo peccantum claritas nobilitaverit hanc culpam of so transcendent a nature that your Lordships noble Justice will provide a remedy for it with no lesse care then you would rescue the life and blood of the Common-wealth Read the 19.22 23 24.29 and 30 I will not trouble your Lordships with reading more there being among them in the whole 58. Instructions scarce one that is not against or besides the Law Whether His Majesty may caution out a part of his Kingdome to be tryed by Commission though according to the rules of Law since the whole Kingdome is under the Laws and government of the Courts established at Westminster and by this reason the severall parts of the kingdome may be deprived of that priviledge will not be now the question that his Majesty cannot by Commission erect a new Court of Chancery or aproceeding according to the rules of the Star-chamber is most cleare to all who have read Magna Charta which allowed no proceedings nisiper legale judicium Parium per legem terrae for our Court of Chancery here by long usage and proscription is grown to be as it were lex terrae But my Lords the thircieth Instruction goes further and erects such an Empire such a Dominion as shall be lyable to no contrary The Courts of Westminster my Lords have superintendences over all inferiours Courts to regulate their jurisdictions if they exceed their limits As to hold Plea of greater value or the like in his exercise of Jurisdiction the Judges are sworn to grant and send prohibitions and to stop the granting of these prohibitions or to neglect them when they are granted is the greatest and boldest scorn of the Law and the Law-makers that can be imagined The Kings Courts at Westminster having been alwaies of that awfull and reverent esteem with inferiour Judges that the instances of such contempts against them are very rare and exemplary in the punishment The Bishop of Norwich in Trinity Term in the twentieth year of Edward the third in Rot. 289. in the common Pleas in Hilary Terme 21. in the Kings Bench was attached for disobeying a Prohibition at the suit of Stracill upon full and solemne dissension of the whole matter the Court resolved that the proceedings of the Bishop were inobedientiam diminutionem Domini potestatis Regiae authoritatis suae lectionem coronae suae exhereditationem manifestam c. As the words of the Records are and therefore adjudged the temporall tyes of the Bishop to be seised into the Kings hand and great very great dammages to be paid to Plaintiffes And whosoever gave directions for these stout Instructions might have remembred that no longer since then Michaelmas in the seventh year of Eliz. Rot. 31. an Attachment was granted against the Archbishop of Yorke then President of that Councell for forbidding the Goaler of Yorke to deliver one Lambert his Prisoner who was sent for by a habeas corpus from the Kings Bench and if they would have believed the resolution of all the Judges in England in Trinity Term in the 6 yeare of King James they would have known how unfit it had been to enlarge that Jurisdiction since most of their proceedings being of an inferiour nature to what they are now grown were then declared to be illegall and inconsistent with the liberty of the Subject And can such a Court as this my Lords deserve to live what a compendious abridgement hath Yorke gotten of all the Courts in Westminster Hall whatsoever sals within the cognizance or jurisdiction of either Courts here is compleatly determinable within that one Court at York besides the power it hath with the Ecclesiasticall and high Commission Courts What hath the good Northern people done that they only must be disfranchised of all their priviledges by Magna Charta and the Petition of Right for to what purpose serve these Statutes if they may be fined and imprisoned without Law according to the discretion of the commissioners what have they done that they and they alone of all the people of this happy Iland must be disinherited of their birth-right of their Inheritance For prohibitions writs of Habeas Corpus writs of errour are the birth-right the inheritance of the Subjects And 't is here worth your Lordships observation that to those many prohibitions which have been granted from above for till of late the court of Yorke had not the courage to dispose prohibitions nor indeed till our Courts here had not the courage to grant them T was never known that Court pleaded the Jurisdiction of their Councell which without doubt they would have done upon the advantage of many great persons in whose protection they have alwayes been had they not known the Law could not be misinterpreted enough to allow it Your Lordships remember the directions I mentioned of Magna Charta that all proceedings shall be per legale Judicium Parium per legem terrae now these Jurisdictions tell you you shall proceed according to your discretion that is you shall doe what you please onely that we may not suspect this discretion will be
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