the learnedst of the Reformed Churches abroad and lastly a government under which till these late yeares this Church hath so flourished so fructified that such a government such a function should at the fagge end of 1640. yeares bee found to have such a close Devill in it as no power can Exercise no Law Restraine appeares Sir to mee a thing very improbable I professe I am deceived Sir if Trienniall Parliaments will not be a Circle able to keep many a worse Devill in order For the second I know not the strength of other mens fancies but I will confesse unto you ingenuously the weaknesse of my faith in the poynt that I doe not beleeve there can any other government bee proposed but will in time bee subject to as great or greater inconveniences than Episcopacy I meane Episcopacy so ordered reduced and limitted as I suppose it may bee by firme and solid Boundaries T is true Sir we cannot so well judge before-hand of future inconveniences for the knowledge of the faults and mischiefes of Episcopall government resulting from fresh and bleeding experience And the insight into dangers of any new way that shall be proposed being to rise onely from speculation the apprehension of the one is likely to be much more operative than of the other though perhâ—ps in just reason it ought to bee the weaker with us it is hard in such cases for us to preserve an equall and unpropense judgement since being in things of this world so much too hard for faith and contemplation yet as Divine as our inspection is into things not experimented if wee hearken to those that would quite extirpate Episcopacy I am confident that in stead of every Bishops wee put downe in a Diocesse wee shall set up a Pope in every Pariâ—h Lastly Mr. Speaker whether the subversion of Episcopacy and the introducing of another kinde of Government be practiceable I leave it to those to judge who have considered the Connexion and Interweaving of the Church Government with the Common Law to those who heard the Kings Speech to us the other day or who have looked into reason of state For my part though no Statesman I will speake my minde freely in this I doe not thinke a King can put downe Bishops totally with safety to Monarchy not that there is any such allyance as men talk of 'twixt the Myter and the Crowne but from this reason that upon the putting downe of Bishops the Government of Assemblies is likely to succeed it That to bee effectuall must draw to it selfe the supremacy of Ecclesiasticall jurisdiction that consequently the power of Excommunicating Kings as well as any other brother in Christ and if a King chance to be delivered over to Sathan judge whether men are likely to care much what becomes of him next These things considered M. Speaker let us lay aside all thoughts of such dangerous such fundamentall such unaccomplished Alterations and all thought of countenancing those thoughts in others let us all resolve upon that course wherein with union wee may probably promise our selves successe happinesse and security that is in a through Reformation To that no mans vote shall be given with more zeale with more heartinesse than mine Let us not destroy Bishops but make Bishops such as they were in the Primitive times Doe their large Terriories their large Revenues offend let them be retrencht the good Bishops of Hippo had but a narrow Diocesse Doe their Courts and subordinates offend let them be brought to governe as in the Primitive times by Assemblies of their Clergy Doth their intermedling in secular affaires offend exclude them from the capacity it is no more than what Reason and all Antiquity hath interdicted them That all this may bee the better effected M. Speaker my mottion is that First we may appoynt a Committee to collect all grievances springing from the misgovernment of the Church to which the Ministers head of Government will bee sufficient without countenancing this Petition by a Commitment and to represent it to this house in a Body And in the next place that wee may if it stand with the order of Parliaments desire that there may bee a standing Committee of certain members of both Houses who with a number of such learned Ministers as the Houses shall nominate for Assistants may take into consideration all these grievances and advise of the best way to settle peace and satisfaction in the Government of the Church to the comfort of all good Christians and all good Common-wealths Men. The Accusation and Impeachment of John LORD Finch Baron of Fordwich Lord Keeper of the Great Seale of England by the House of COMMONS IMprimis That the said Iohn Lord Finch Baron of Fordwich Lord Keeper c. hath traiterously and wickedly endeavoured to subvert the fundamentall Lawes and established Government of the Realme of England and in stead thereof to introduce an arbitrary tyrannâ—call government against Law which hee hath declared by trayterous and wicked words counsells opinions judgements practices and actions II. That in pursuance of those his trayterous and wicked purposes hee did in the third and fourth yeare of his Majesties reigne or one of them being then Speaker of the Commons House of Parliament contrary to the commands of the House then assembled and sitting denyed and hindred the reading of some things which the said House of Commons required to bee read for the safety of the King and Kingdome preservation of the Religion of this Realme and did forbid all the members of the house to speake and said that if any did offer to speake he would rise and goe away and said nothing should bee then done in the house and did offer to rise and goe away and did thereby and otherwise in as much as in him lay endeavour to subvert the ancient and undeubted rights and course of Parliaments III. That he being of his Majesties Councell at the Iustice seate held for the County of Essex in the moneth of October in the tenth yeare of his now Majesties reigne at Strafford Langton in the same County being then of his Majesties Councell in that Service did practise by unlawfull meanes to enlarge the Forrest of that County many Miles beyond the knowne bounds thereof as they had beene enjoyed neere 300 yeares contrary to the Law and to the Charter of the liberties of the Forest and other Charters and divers Acts of Parliament and for effecting the same did unlawfully cause and procure undue returnes to be made of Iurors and great numbers of other persons who were unsworne to be joyned to them of the Iury and threatned and awed the sayd Iurors to give a Verdict for the King and by unlawfull means did surprise the County that they might not make Defence and did use severall menacing wicked Speeches and Actions to the Iury and others for obtayning his unjust purpose aforesaid and after a Verdict obtained for the King in the Moneth of April following at
ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the fundamentall Laws of this Kingdome And shortly after the said Earle of Strafford returned into England and to sundry persons declared his opinion to be that his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levie what he needed and that he should bee acquitted both of God and man hee tooke some other courses to supply himselfe though it were against the will of his Subjects 23. That upon the thirteenth day of Aprill last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of of this Kingdome both in respect of Religion and the publike libertie of the Kingdome and his Majestie referring chiefly to the Earle of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earle of Strafford with the asistance of the said Archbishop did procure his Majesty by sundry speeches and messages to urge the said Commons house to enter into some resolution for his Majesties supply for maintenance of his warre against his Subjects of Scotlaâ—d before any course was taken for the reliefe of the great and pressing grievances wherewith this Kingdome was then afflicted Whereupon a demand was then made from his Majesty of 12. Subsidies for the release of ship-money onely and while the said Commons then assembled with expressions of great affection to his Majestie and his service were in debate and consideration of some supply before resolution by them made he the said Earle of Strafford with the helpe and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5. day of May last and upon the same day the said Earle of Strafford did treacherously falsely and maliciously endeavour to incense his Majesty against his loving faithfull Subjects who had been members of the said house of Commons by telling his Majesty they had denyed to supply him And afterward upon the same did treacherously and wickedly counsell and advise his Majesty to this effects viz. that having tryed the affections of his people he was loose and absolved from all rules of government and was to doe every thing that power would admit and that his Majesty had tryed all ways and was refused and should be acquitted both of God and man that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdome to obedience 24 That in the same month of May he the said Earl of Strafford falsly treacherously and maliciously published and declared before others of his Majesties Privie Counsell that the Parliament of England had forsaken the King and that in denying to supply the King they had given him the advantage to supply himselfe by other wayes and divers other times he did maliciously wickedly and falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usuall way the King might provide for the Kingdome in such waies as he should hold fit and that he was not to suffer himselfe to be mastered by the frowardnesse of the people And having so maliciously slandered the said house of Commons he did with the helpe and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that mooved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said house of Commons 25 That not long after the dissolution of the said last Parliament viz. In the moneths of May and Iune he the Earle of Strafford did advise the King to goe on rigorously in leavying the Ship-money and did procure the Sheriffes of severall Countries to be sent for for not leavying the Ship-money divers of which were threatned by him to be sued in the Starre-Chamber and afterwards by his advice were sued in the Star-chamber for not leavying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegall payments And a great loane of a hundred thousand pounds was demanded of the City of London and the Lord Major and the Aldermen and the Sheriffes of the said City were often sent for by his advice to the Councell Table to give an account of their proceedings in raising of Ship-money and furthering of that loane and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to doe he the said Earle of Strafford did use these or the like speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and they were laid by the heeles and some of the Aldermen hanged up 26 That the said Earle of Strafford by his wicked Counsell having brought his Majesty into excessive charges without any just cause he did in the month of Iuly last for the support of the said great charges counsell and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyne with the mixtures of Brasse And accordingly we procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to bee seized on and stayed to his Majesties use And when divert Merchans of London owners of the said Bullion came to his house to let him understand the great mischiefe that course would produce here and in other parts what prejudice it would bee to the Kingdome by discrediting the Mint and hindring the importation of Ballion hee the said Earle told them that the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to helpe the Rebell than to helpe his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their occasions And when in the same Moneth of Iuly the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money hee told them that the French King did use to send Commissaries of Horse with Commission to search into mens estates and to peruse their accounts so that they may know what to levie of them by force which they did accordingly leavie and turning
of Rome doth eate into our Religion and fret into he banks and walls of it the Lawes and Statutes of this Realme especially since these Lawes have beene made in a manner by themselves even by their owne Treasons and bloudy designes and since that Poperie is a consused masse of errors casting downe Kings before Popes the Precepts of God before the tradition of men living and reasonable men before dead and sencelesse stocks and stones I desire that we consider the encrease of Arminianisme and errors that makes the grace of God to lackie it after the will of man that makes the Sheepe keepe the Shepheard and make an immortall seed of a mortall God Yea I desire that we looke into the very belly and bowells of this Trojan horse to see if there be not in it men readie to open the gates of Romish tyranny and Spanish Monarchie for an Arminian is the spaune of a Papist and if their come the warmth of favour upon him you shall have him turne into one of those frogs that arise out of the bottomelesse pit and if you marke it well you shall see an Arminian reach out his hand to a Papist to a Jesuite a Jesuite gives one hand to the Pope another to the King of Spaine and therein having kindled a fire in our neighbors Countrey now they have brought some of it hither to set on flame this kingdome also Let us further search and consider whether these be not the men that breake in upon the goods and liberties of this Common-wealth for by these meanes they may make way for the taking away of Religion It was an old tricke of the Devills when he meant to take away Jobs Religion he began at his goods Lay thy hand on all be hath and be will curse even to thy face Rather they thinke hereby to set a distance betweene Prince and people or to finde some other way of supply to avoyd or breake Parliaments that so they may break in upon our Religion and bring in their errors but let us doe as Job did he held fast his Religion and his goods were restored with advantage and if we hold fast God and our Religion these things shall be unto us Let us consider the times past how we flourished in honor and abundance when Religion flourished amongst us but when Religion decayed so the honour and strength of our Nation decayed when the soul of this Common-wealth is dead the bodie cannot long over live it If a man meete a Dogge alone the Dog is fearefull but though never so fierce by nature if that Dog have his Master by him he will set upon that man from whom he fied before This shewes the lower natures being back't with the higher increase in courage and strength and certainly man being back't with omnipotence is a kinde of omnipotence Wherefore let it now be the unanimous consent and resolution of us all to make a vow and Covenant from henceforth to hold fast on God and his Religion and then may we from henceforth expect prosperitie in the Kingdome and Nation to this Covenant Let every one of us say Amen The Accusation and Impeachment of Sir George Ratcliffe by the Commons in this present Parliament Assembled Charging him with High-Treason and other misdemeanours as ensue 1640. IMprimis That he had conspired with the Earle of Strafford to bring into Ireland an Arbitrary Government and to subvert the fundementall Lawes and did joyn with the Earle to bring in an Armie from Ireland to subdue the Subjects of England Secondly That he hath joyned with the Earle to use Regall power and to deprive the Subjects of their liberties and properties Thirdly That he hath joyned with the Earle to take _____ thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profits to their own uses Fourthly That he had Trayterously confederated with the Earle to countenance Papists and build Monasteries to alienate the affections of the Irish Subjects from the subjection of England Fiftly That he had Traiterously confederated with the Earle to draw the Subjects of Scotland from the King Sixthly That to preserve himselfe and the sayd Earle he had laboured to subvert the liberties and priviledges of Parliament in Ireland The Charge of the Scottish Commissioners against the Prelate of CANTERBVRY NOvations in Religion which are universally acknowledged to be the maine cause of commotions in Kingdomes and States and are knowne to be the true cause of our present troubles were many and great beside the book of Ordination and Homilies 1. Some particular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgy or booke of Common-prayer which did also carry with them many dangerous errors in matters of Doctrine Of all which we challenge the Prelate of Canterburie as the prime cause on earth And first that this Prelate was the Author and urger of some particular changes which made great disturbance amongst us we make manifest 1. By fourteen letters subscribed W. Cant. in the space of two yeares to one of our pretended Bishops Bannatine wherein he often enjoyneth him and other pretended Bishops to appeare in the Chappell in their whites contrary to the custome of our Kirk and to his promise made to the pretended Bishop of Edinburgh at the Coronation that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappell twice a day for his neglect shewing him that he was disappointed of the Bishopricke of Edinburgh promising him upon the greater care of these Novations advancement to a better Bishoprick taxing him for his boldnesse in Preaching the sound Doctrine of the reformed Kirks against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senators of the Colledge of Justice who did not communicate in the Chappell in a forme which was not received in our Kirk commending him when he found him obsequious to these his commands telling him that he had moved the King the second time for the punishment of such as had not received in the Chappell and wherein he upbraided him bitterly that in his first Synod at Aberdein he had only disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seen in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the
unsuccessefull Warres abroad sometimes the absence of the Prince sometimes Competitions of Titles to the Crowne somtimes perhaps the vices of the King himselfe But let us but rightly weigh and consider the posture the aspect of this state both toward it selfe and the rest of the world the person of our Soveraigne and the nature of our suffering since the third of his Reigne And there can be no cause coulorable inventible wherunto to attribute them but the intermission or which is worse the undue frustration of Parliament by the unluckly use if not abuse of Prerogative in the dissolving them Take in your view Gentlemen a State in a state of the greatest quiet and security that can be fancied not only in joyning the calmest peace it selfe but to improve and secure its happy condition all the rest of the world at the same time in Tempest in Combustions in uncomposable Warres Take into your view Sir a King Soveraigne to three Kingdomes by a Concentring of all the Royall lines in his Person as undisputably as any Mathematical ones in Euclide A King firme and knowing in his Religion eminent in vertue A King that had in his owne time given all the Rights and Liberties of his Subjects a more cleare and ample confirmation freely and graciously then any of his Predecessors when the people had them at advantage extortedly I meane in the Petition of Right This is one Mappe of England Mr. Speaker A man Sir that should present unto you now a Kingdome groaning under that supreme Law which Salus populi periclitata would enact The liberty the property of the Subject fundamentally subverted ravisht away by the violence of a pretended necessity a triple Crown shaking with distempers men of the best conscience ready to fly into the wildernesse for Religion Would not one sweare that this were the Antipodes to the other yet let me tell you Mr. Speaker this is a Mappe of England too and both at the same time true As it cannot bee denyed Mr. Speaker that since the Conquest there hath not been in this Kingdome a fuller concurrance of all circumstances in the former Caracter to have made a Kingdom happy then for these 12. yeares last past so it is most certaine that there hath not beene in all that deduction of ages such a Conspiracie if one may so say of all the Elements of mischiefe thein second Character to bring a flourishing Kingdom if it were possible to swift ruine and desolation I will be bold to say Mr. Speaker and I thanke God wee have so good a King under whom wee may speake boldly of the abuse by ill Ministers without reflection upon his person That an Accumulation of all the publike Grievances since Magna Carta one upon another unto that houre in which the Petition of Right past into an act of Parliament would not amount to so oppressive I am sure not to so destructive a height and magnitude to the rights and property of the Subject as one branch of our beslaving since the Petition of Right The branch I mean is the judgment concerning ship-money This beeing a true representation of England in both aspects Let him Mr. Speaker that for the unmatcht oppression and enthralling of free Subjects in a time of the best Kings raigne and in memory of the best lawes enacted in favour of Subjects liberty can find a truer Cause then the ruptures and intermission of Parliaments Let him and him alone be against the setling of this inevitable way for the frequent holding of them 'T is true Sir wicked Ministers have beene the proximate causes of our miseries but the want of Parliaments the primary the efficient Cause Ill Ministers have made ill times but that Sir hath made ill Ministers I have read among the Lawes of the Athenians a form of recourse in their Oaths and vows of greatest most publique concernment of a three-fold Deity Supplicium Exauditori Purgatori Malorum depulsori I doubt not but we here assembled for the Common-wealth in this Parliament shall meet with all these Attributes in our Soveraigne I make no question but he will graciously heare our Supplications purge away our Grievances and expell Malefactors that is remove ill Ministers and put good in their places No lesse can be expected from his wisdome and goodnesse But let me tell you Mr. Speaker if we partake not of one Attribute more in him if we addresse not our selves unto that I meane Bonorum Conservatori we can have no solid no durable Comfort in all the rest Let his Majesty heare our Complaint never so Compassionately Let him purge away our Grievances never so efficaciously Let him punish and dispell ill Ministers never so exemplarily Let him make choyce of good ones never so exactly If there be not a way setled to preserve and keepe them good the mischiefes and they will all grow again like Sampsons Locks and pull downe the House upon our heads Beleeve it M. Speaker they will It hath been a Maxime amongst the wisest Legislators that whosoever meanes to settle good Lawes must proceed in them with a sinister opinion of all Mankinde and suppose that whosoever is not wicked it is for want only of the opportunity It is that opportunity of being ill Mr. Speaker that wee must take away if ever wee meane to be happy which can never be done but by the frequencie of Parliaments No state can wisely be confident of any publique Ministers continuing good longer then the rod is over him Let me appeale to all those that were present in this House at the agitation of the Petition of Right And let them tell themselves truly of whose promotion to the management of affaires doe they thinke the generality would at that time have had better hopes then of Mr. Noy and Sir Thomas Wentworth both having beene at that time and in that businesse as I have heard most keen and active Patriots and the latter of them to the eternall aggravation of his Infamous treachery to the Common-wealth be it spoken the first mover and insister to have this clause added to the Petition of Right that for the comfort and safety of his Subjects his Majesty would be pleased to declare his will and pleasure that all his Ministers should serve him according to the Lawes and Statutes of the Realme And yet Mr. Speaker to whom now can all the inundations upon our liberties under pretence of Law and the late shipwrack at once of all our property be attributed more then to Noy and those and all other mischiefes whereby this Monarchie hath beene brought almost to the brinke of destruction so much to any as to that Grand Apostate to the Common-wealth the now Lieutenant of Ireland The first I hope God hath forgiven in the other world and the latter must not hope to be pardoned in this till he be dispatcht to the other Let every man but consider those men as once they were The excellent Law for the
Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots 7. That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentarie proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majestie to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crown and dignitie 8. And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant Generall of the Army there viz. His most excellent Majestie for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and everie the crimes and offences before set forth were done and committed and hee the said Earle was Lieutenant Generall of all his Majesties army in the North parts of England during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the libertie of exhibiting at any time here after any other accusation or impeachment against the said Earle and also of replying to the answers that hee the said Earle shall make unto the said articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations trials and judgements may be upon everie of them had and used as is agreeable to Law and Iustice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640 WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. 1. That he the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said Earle being president of the said Counsell on the 21. day of March a Commission under the great Seal of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suits debates controversies and demaunds causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said instructions it is directed that the said President and others therein appointed shall heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is diâ—ected that the said president and others therein appointed have power to examine heare and determine according to the course of proceedings in the Court of Chancery al manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold customary or coppy-holde as Leases and oter things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practise such Instructions nor haâ— they any such Instructions yet the said Earle in the moreth of May in the said 8. yeare and divers years following did put in practise exercise and use and caused to be used and put in practise the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disin-herit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Conier Darcy Sir Iohn Bourcher and divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall unjust power might be exercised with the greater licence and will did advise Counsell procure further directions in and by the said instructions to be given tha nâ— prohibition he granted at all but in cases where the said Counsell shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party performe the Decree and Order of the said Counsell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earle of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 yeare of his now Majesties Reigne to wit the last day of August then next following he the said Earle to bring his Majesties liege people into a dislike of his Majestie and of his Governement and to terrifie the Iustices of the Peace from executing of the Lawes He the said Earle beeing then President as aforesaid and a Iustice of Peace did publiquely at the Assises held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the Law in the presence of the Iustices sitting That some of the Justices were all for Law but they should finde that the Kings little finger should be heavier then the loynes of the Law 3. That the Realme of Ireland having been time out of minde anne xed to the Imperiall Crowne of England and governed by the same Lawes The said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into distike of his
Majesties government and intending the subversion of the fundamental Lawes and setled governement of that Realme and the distraction of his Majesties liege people there did upon the 30. day of September in the ninth yeare of his now Majesties Reigne in the Citie of Dublin the chiefe Citie of that Kingdome where his Majesties privie Counsell and Courts of Iustice doe ordinarily reside and whither the Nobility and Gentry of that Realme doe usually resort for Iustice in a publikâ— Speech before divers of the Nâ—bility and Gentry and before the Major Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege people declare and publish that Ireland was a conquered Nation and that the King might doe with them what he pleased and speaking of the Charters of the former Kings of England made to that Citie he further said that their Charters were nothing worth and did binde the King no further then hee pleased 4. That Richard Earle of Corke having sued out processe in course of Law for recovery of his possessions from which he was put by colour of an order made by the said Earle of Strafford and the Counsell Table of the said Realme of Ireland The said Earle of Strafford upon a paper petition without legall proceeding did the 20 day of February in the 11. yeare of his nâ—w Majesties Reigne threaten the said Earle of Corke beeing then a Peere of the said Realme to imprison him unlesse he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. dâ—y of March in the said 11. year of the said Earle of Strafford speaking of an order of the said Counsell Table of that Realme in the time of King James which concerned a Lease which the said Earle of Corke claimed in certaine rectories or tithes which the said Earle of Cork alleaged to be of no force said That he would make the said Earle and all Ireland know so long as hee had the government there any Act of State there made or to bee made should bee as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earle of Corke in the Castle Chamber upon pretence of the breach of the said order of Counsell Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundementall Lawes and established Government of that Kingdome and scorned the said Lawes and established government 5 That according to such his Declarations and Speeches the said Earls of S r ffoâ—d did use and exercise a power above â—nd against and to the subversion of the said fundame tall Laws and established government of the said Realme of Ireland exâ—ending such his power to the goods free holds inheritances liberties and lives of his Majesties Subjects in the said Realme viz. The said Earle of Sirâ—fford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realme of Ireland give and procure to bee given against the Lord Mount Norris then and yet a Peere of Ireland and then Vice-Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the privy Signet of the said Kingdome a sentence of death by a Councell of warre called together by the said Earle of Strafford without any warrant or authority of Law or offence deserving any such punishment And hee the said Earle did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth yeare of his Majesties Reigne without any legall or due proceedings or tryall give or cause to bee given a sentence of death against one other of his Majesties Subjects whose name is yet unknowne and caused him to be put to death in execution of the said sentence 6 That the said Earle of Strafford without any legall proceedings and upon a paper Petition of Richard Ralstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdome of Ireland the said Lord Mount-Norris having beene two yeares before in quiet possession thereof 7 That the said Earle of Strafford in the Termâ— of holy Trinity in the thirteenth yeare of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defective Titles to be made and drawne up without any juâ—y or tryall or other legall processe and without the consent of parties and did then procure the ludges of the said Realme of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thâ—mas Lord Dillon a Peeâ—e of the said Realme of Ireland to be put out of possession of divers Lands and Tenements being his free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of possession disseized of their free hold by colour of the same resolution without legall proceedings whereby many hundreds of his Majesties subjects were undone and their families utterly ruinated 8 That the said Earle of Strafford upon a Petition of Sir Iohn Gifford Knight the first day of February in the said thirteenth yeare of his Majesties reigne without any regall Processe made a Decree or Order against Adam Viscount Lofts of Elie a Peere of the said Realme of Ireland and L Chancellor of Ireland did cause the said Viscount to bee imprisoned and kept close prisoner on pretence of disobedience to the said Decree or order And the said Earle without any authority and contrary to his Commission required and commanded the said Lord Viscount to yeeld unto him the great Seale of the Realme of Ireland which was then in his custody by his Majesties command and imprisoned the said Chancellour for not obeying such his command And without any legall proceedings did in the same thirteenth yeare imprison George Earle of Kildare a Peere of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearely value to the said Earle of Straffords will and pleasure and kept him a yeare prisoner for the said cause two moneths whereof hee kept him close prisosoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earle of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against dame Mary Hibbots widdow to him the said Earle of Strafford the said Earle of Strafford recommended the said Petition to the Counsell Table of Ireland where the most part of the Counsell gave their vote and opinion for the said Ladie but the said Earle finding fault herewith caused an order to be entred against the said Lady and threatned her
unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries and the fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves better before God and man The Protestation your Lordships shall have read unto you together with ground and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble Then the Protestation was read by Master Maynard Die Mercurii 5 May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Preamble togtheer with the Protestation which the Members of this House made the third of May shall be forthwith Printed and the Copies printed brought to the Cleark of the said House to Attest under his hand to the end that the Knights Citizens and Burgesses may send them down to the Sheriffes and Justices of Peace of the severall Shires and to the Citizens and Burgesses of the severall Cities Boroughes and Cinque Ports respectively And the Knights Citizens and Burgesses are to intimate unto the Shires Cities and Boroughes and Cinque Ports with what willingnesse all the Members of this House made this Protestation And further to signifie that as they justifie the taking of it in themselves so the cannot but approve it in all such as shall take it A Preamble with the Protestation made by the whole House of Commons the third of May 1641. and assented unto by the Lords of the upper House the fourth of May last past WE the Knights Citizens and Burgesses of the Commons House in Parliament finding to the griefe of our hearts that the designes of the Priests and Jesuits and other adherents to the See of Rome have of late more boldly and frequently put in practice then formerly to the undermining and danger of the Ruine of the true reformed Religion in his Majesties Dominions established and finding also that there hath bin and having cause to suspect there still are even during the sitting in Parliament endeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and tyrannicall government by most pernicious and wicked counsells practises plots and conspiracies and that the long intermision and unhappier breach of Parliaments hath occasioned many illegall Taxations whereupon the Subjects have beene prosecuted and grieved and that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of his Maiesties Dominions Jealousies raised and Fomented between the King and his people a Popish Armie leavied in Ireland and two Armies brought into the bowels of this Kingdome to the hazard of his Majesties Royall Person the Consumption of the Revenue of the Crown and the treasure of this Realme And lastly finding the great causes of Jealousie endeavours have beene and are used to bring the English Armie into mis-understanding of this Parliament thereby to encline that Armie by force to bring to passe those wicked counsells have therefore thought good to ioyn our selves in a Declaration of our united affections and resolutions and to make this ensuing Protestation The Protestation I A.B. Do in the presence of Almighty God promise vow and protest to maintain and defend as farre as lawfully I may with my life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all popery and popish Innovation within this Realm contrary to the said Doctrine and according to the duty of my Allegiance I will maintain and defend his Majesties Royall Person Honor and Estate As also the power and priviledge of Parliaments the lawfull Rights and Liberties of the Subjects And every person that shall make this Protestation in whatsoever he shall do in the lawfull pursuance of the same and to my power as farre as lawfully I may I will oppose and by all good wayes and means endeavour to bring condigne punishment on all such as shall by force practice counsels plots conspiraces or otherwise do any thing to the contrary in this present protestation contained and further that I shall in all Just and Honorable wayes endeavour to preserve the union and peace betwixt the three Kingdoms of England Scotland and Ireland And neither for hope fear or any other respects shall relinquish this promise vow and Protestation The Bill of Attainder that passed against Thomas Earl of STAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of high Treason for endeavouring to subvert the Ancient and Fundamentall Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own authority commanded the laying and asseising of souldiers upon his Majesties Subjects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon papâ—r Petitions in causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levie Warre against the Kings Majesty and his liege people in that Kingdome And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsell and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the Warres between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
the State may upon great reason thinke fit to alter Besides the bottomelesse perjury of an c. Besides all this Mr. Speaker men must sweare that they sweare freely and voluntarily what they are compelled unto and lastly that they sweare that Oath in the literall sence whereof no two of the makers themselves that I have heard of could never agree in the understanding In a word Mr. Speaker to tell you my opinion of this Oath it is a Covenant against the King for Bishops and the Hierarchy as the Scottish Covenants is against them onely so much worse then the Scottish as they admit not of the Supremacy in Ecclesiasticall affaires and we are sworne unto it Now Mr. Speaker for those particular heads of grievances whereby our Estates and Properties are so radically invaded I suppose as I sayd before that it is no season now to enter into a strict Discussion of them onely thus much I shall say of them with application to the Countrey for which I serve that none can more justly complaine since none can more justly challenge exemption from such burdens then Dorset shire whether you consider its a Countrey subsisting much by Trade or as none of the most populous or as exposed as much as any to Forraigne Invasion But alas Mr. Speaker particular lamentations are hardly distinguishable in Vniversall groanes Mr. Speaker it hath beene a Metaphor frequent in Parlamant and if my memory fayle me not was made use of in the Lord Keepers Speech at the opening of the last that what mony Kings raysed from their Subjects they were But as Vapors drawn up from the Earth by the Sunne to bee distilled upon it againe in fructifying showers The Comparison Mr. Speaker hath held of late yeares in this Kingdome too unluckily what hath bin raised from the Subject by those violent attractions hath beene formed it is true into Clouds but how to darken the Sunnes owne lustre and hath fallen againe upon the Land only in Hail-stones and Mildews to batter and prost rate still more and more our liberties to blast and wither our affections had the latter of these beene still kept alive by our Kings owne personall vertues which wil ever preserve him in spight of all ill Counsellours a sacred object both of our admiration and loves Mr. Speaker It hath beene often sayd in this House and I thinke can never be too often repeated That the Kings of England can do no wrong but thogh they could Mr. Speaker yet Princes have no part in the ill of those actions which their Judges assure them to be just their Counsellours that they are prudent and their Divines that they are conscientious This Consideration M. Speaker leadeth mee to that which is more necessary farre at this season than any farther laying open of our miseries that is the way to the remedy by seeking to remove from our Soveraign such unjust Judges such pernicious Counsellours and such disconscient Divines as have of late yeares by their wicked practises provoked aspersions upon the government of the graciousest and best of Kings Mr. Speaker let me not be mis-understood I levell at no man with a fore-layd designe let the faults and and those well proved lead us to the men It is the onely true Parliamentary method and the onely fit one to incline our Soveraigne For it can no more consist with a gracious and righteous Prince to expose his servants upon irregular prejudices then with a wise Prince to with hold Malefactors how great soever from the course of orderly justice Let me acquaint you M. Speaker with an Aphorisme in Hippocrates no lesse Authenticke I thinke in the body Politicke then in the Naturall Thus it is Mr. Speaker Bodies to be throughly and effectually purged must have their Humors first made fluid and mâ—oveable The Humours that I understand to have caused all the desperate maladies of this Nation are the ill Minister To purge them away clearely they must be first loosened unsetled and extenuated which can no way bee effected with a gracious Master but by truely representing them unworthy of his protection And this leadeth mee to my Motion which is that a select Committee may bee appointed to draw out of all that hath beene heere represented such a Remonstrance as may be a faithfull and lively representation unto his Majesty of the deplorable estate of this his Kingdome and such as may happily point out unto his cleare and excellent judgment the pernicious Authors of it And that this Remonstrance being drawne wee may with all speed repaire to the Lords and desire them to joyne with with us in it And this is my humble motion THE LORD DIGBIES SPEECH IN THE HOVSE OF Commons to the Bill for trienniall Parliaments Janu. 19. 1640. Mr. Speaker I Rise not now with an intent to speake to the frame and structure of this Bill nor much by way of answer to objections that may be made I hope there will be no occasion of that but that we shall concurre all unanimously in what concerneth all so Universally Onely Sir by way of preparation to the end that we may not be discouraged in this great worke by difficulties that may appeare in the way of it I shall deliver unto you my apprehensions in generall of the vast importance and necessity that wee should goe thorow with it The Result of my sense is in short this That unlesse for the frequent convening of Parliaments there be some such course setled as may not be eluded neyther the people can be prosperous and secure not the King himselfe solidly happy I take this to be the Vnum necessarium Let us procure this and all our other desires will effect themselves if this bill miscarry I shall have left me no publike hopes and once past I shall be freed of all publike feares The essentialnesse Sir of frequent Parliaments to the happinesse of this Kingdome might be inferr'd unto you by the reason of contraries from the wofull experience which former times have had of the mischievous effects of any long intermission of them But Mr. Speaker why should we clime higher then the levell we are on or thinke further then our owne Horizon or have recourse for examples in this busines to any other promptuary then our owne memories nay then the experience almost of the youngest here The reflection backward on the distractions of former times upon intermission of Parliament and the consideration forward of the mischiefes likely still to grow from the same cause if not remooved doubtlesly gave first life and being to those two dormant Statutes of Edward the third for the yearly holding of Parliament And shall not the fresh and bleeding experience in the present age of miseries from the same spring not to be paralleld in any other obtaine a wakening a resurrection for them The Intestine distempers Sir of former ages upon the want of Parliaments may appeare to have had some other cooperative causes as sometimes
security of the Subject enacted immediately before their comming to employment in the contriving whereof themselves were principall Actors The goodnesse and vertue of the King they served and yet the high and publique oppressions that in his time they have wrought And surely there is no man but will conclude with me that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times so the frequency of them is the sole Catholicke Antidote that can preserve and secure the future from the like danger Mr. Speaker let me yet draw my Discourse a little nearer to his Majesty himselfe and tell you that the frequency of Parliament is most essentially necessary to the power the security the glory of the King There are two wayes Mr. Speaker of powerfull Rule eyther by Feare or Love but one of happy and safe Rule that is by Love that Firmissinum Imperium quo obedientes gaâ—dent To which Camillus advised the Romans Let a Prince consider what it is that mooves a people principally to affection and dearnesse towards their Soveraigne He shall see that there needs no other Artifice in it then to let them injoy unmolested what belongs unto them of right If that have beene invaded and violated in any kind whereby affections are alienated the next consideration for a wise Prince that would be happy is how to regaine them To which three things are equally necessary 1. Re-instating them in their former Libertie 2. Revenging them of the Authors of those violations 3. And securing them from Apprehensions of the like againe The first God be thanked wee are in a good way of The second in warme pursuit of But the third as essentiall as all the rest till we be certain of a Trienniall Parliament at the least I professe I can have but cold hopes of I beseech you then Gentlemen since that security for the future is so necessary to that blessed union of affections and this Bill so necessary to that security Let us not be so wanting to our selves let us not be so wanting to our Soveraigne as to forbeare to offer unto him this powerfull this everlasting Philter to Charme unto him the hearts of his people whose vertue can never evaporate There is no man M. Speaker so secure of anothers friendship but will thinke frequent intercourse and accesse very requisite to the support to the confirmation of it Especially if ill offices have beene done betweene them if the raysing of jealousies hath beene attempted There is no Friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities Mr. Speaker permit mee the comparison of great things with little what friendship what union can there be so comfortable so happy as betweene a gracious Soveraigne and his people and what greater misfortune can there bee to both then for them to bee kept from entercourse from the meanes of clearing mis understandings from interchange of mutuall benefits The people of England Sir cannot open their Eares their Hearts their Mouthes nor their Purses to his Majesty but in Parliament We can neyther heare Him nor Complaine nor acknowledge nor give but there This Bill Sir is the sole Key that can open the way to a frequency of those reciprocall indearments which must make and perpetuate the happinesse of the King and Kingdome Let no man object any derogation from the Kings Prerogative by it Wee doe but present the Bill 't is to be made a Law by him his Honour his Power will be as conspicuous in commanding at once that Parliament shall assemble every third yeare as in commanding a Parliament to be called this or that yeare there is more of his Majesty in ordayning primary and Vniversall Causes then in the actuaâ—ing particularly of subordinate effects I doubt not but that glorious King Edward the Third when he made those Lawes for the yearely Calling of Parliament did it with a right sence of his dignity and honour The truth is Sir the Kings of England are never in their Glory in their Splendour in their Majesticke Soveraignty but in Parliaments Where is the power of imposing Taxes Where is the power of restoring from incapacities Where is the legislative Authority Marry in the King Mr. Speaker But how In the King circled in fortified and evirtuated by his Parliament The King out of Parliament hath a limitted a circumscribed jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling Grievances Mr. Speaker in chasing ill Ministers we doe but dissipate Clouds that may gather againe but in voting this Bill we shall contribute as much as in us lyes to the perpetuating our Sunne our Soveraigne in his verticall in his Noone day lustre A Speech of the Honourable NATHANAEL FIENNES In the House of Commons the 9. of Febr. 1640. Mr. Speaker TWO things have fallen into debate this day The first concerning the Londoners Petition whether it should bee committed or no. The other concerning the government of the Church by Arch-bishops Bishops c. whether it should bee countenanced or no. For the first I doe not understand by any thing that I have yet heard why the Londoners Petition should not be committed or countenanced The exceptions that are taken against it are from the irregularities of the delivery of it and from the Subject matter contained in it For the first it is alledged that the long taile of this blazing starre is ominous and that such a number of Petitioners and such a number that brought the Petition to the House was irregular Hereunto I answer that the fault was either in the multitude of the Petitioners or in their carriages and demeanours if a multitude finde themselves agrieved why it should be a fault in them to expresse their grievances more than in one or a few I cannot see nay to me it seemes rather a reason that their Petitions should be committed and taken into serious consideration for thereby they may receive satisfaction though all bee not granted that they desire But if wee shall throw their Petition behind the door and refuse to consider it that it may seeme an act of will in us And whether an act of will in us may not produce an act of will in the people I leave it to your consideration Sure I am acts of will are more dangerous there than here because usually they are more tumultuous All Lawes are made principally for the quiet and peace of a Kingdome and a Law may be of such indifferent nature many times that it is a good reason to alter it onely because a great number desires it if there were nothing else in it and therefore I doe not see that the number of Petitioners is any good reason why it should not bee committed but rather the contrary Now for their carriage there came indeed three or foure hundred of the 15000 some of the better sort of them
as his Majestie shall thinke meet now if the King should grant it to a certaine number of Commissioners equall in authority as hee may doe this were an abolition of Episcopacy and yet not diminution of Monarchy But the truth is Episcopacy is a kind of Monarchy under a Monarchy and is therein altogether unlike the Civill Government under his Majestie for the King being a common head over the Ecclesiasticall state and the Civill we shall finde that in the exercise of Civill Jurisdiction in all Courts under his Majesty it is Aristocraticall and placed in many and not in one as appeareth in this high Court of Parliament in the inferiour Courts of Westminster Hall and in the Sizes and Sessions in the Countrey which are held by many Commissioners and not onely by one or his Deputies and Commissaries as it is in the exercise of Ecclesiasticall government As to the point of Excommunication supposing that it did dissolve naturall and civill bonds of duty as it doth not it might indeed be as terrible to Princes as it is represented But I reason thus either Princes are subject to Excommunication or they are not if they bee not then they need as little to feare a Presbyterie or an assembly as a Bishop in that respect if they bee they have as much to feare from Bishops at leastwise from Bishops in their Convocations as from Presbyters in their Assemblies and so much the more because they have formerly felt the thunderbolts of those of that stampe but never from this latter sort And now Sir I proceede to represent unto you the evills and inconveniences that doe proceede from the government and Ceremonies of the Church and truely in my opinion the chiefe and principall cause of all the evills which we have suffered since the Reformation in this Church and State hath proceeded from that division which so unhappily hath sprung up amongst us about Church government and the Ceremonies of the Church and from which part in that division I beleeve it will appeare in the particulars I know well there is a great division and that upon great matters betweene us and the Papists and I am not ignorant that there have beene great and sore breaches made upon our Civill Liberties and the right of our proprieties But yet still I returne to my former position that the chiefe and most active cause hath proceeded from the Government and Ceremonies of the Church and that those other causes have either fallen into it and so acted by it or issued out of it and so acted from it As for Popery I conceive that to have beene a cause that hath fallen into this and acted by it for at the Reformation it received such a deadly wound by so many sharpe Lawes enacted against it that had it not beene enlivened by this division amongst us it could never have had influence upon our Church and State to have troubled them as this day wee feele but finding that in this division amongst us one party had need of some of their principalls to maintaine their Hierarchy together with their worldly pompe and Ceremonies which are appurtenances thereunto from hence they first conceived a ground of hope and afterwards found meanes of successe towards the introducing againe of their superstition and Idolatry into this Realme and they wrought so diligently upon this foundation that they have advanced their building very farre and how neare they were to set up the Roofe I leave it to your consideration As for the evills which we have suffered in our civill liberty and the right of our proprieties J conceive they have proceeded out of this and so acted from it for if there had beene no breaches of Parliaments there would have bin no need to have had recourse unto those broken Cisternes that can hold no water but there being a stoppage of Parlamentary supplyes that was an occasion of letting in upon us such an inundation of Monopolies and other illegall taxes and impositions accompanyed with many other heavy and sore breaches of our Liberties Now there needed not to have beene any breaches of Parliaments had there not beene something disliked in them and what was that it could not bee any of these civill matters that bred the first difference for they have proceeded out of it therefore I conceive it was this The Prelates with their adherents the Papists also concurring with them for their interest did alwayes looke upon Parliaments with an evill eye as no friends to their offices and functions at leastwise to their Benefices and Dignities and therefore some of them having alwayes had the grace to bee too neare to the Princes eates they have alwayes endeavoured to breed a dis-affection in Kings from Parliaments as the Presse and Pulpit doe abundantly witnesse and Ballads too made by some of them upon the breaches of Parliaments But wee have a fresh and bleeding instance of this in the confirmation in his Majesties name which they procured to be prefixed before their new Booke of Canons wherein they have endeavoured to make this impression upon his Majesties Royall minde that the Authors and Fomenters of the jealousie in respect of the new Rites and Ceremonies lately introduced into the Church which wee call innovations did strike at his Royall person as if hee were perverted in his Religion and did worship God in a superstitious way and intended to bring in some Innovation in matter of Religion Now Sir who are the authors of those jealousies did they not come as complaints in the Petitions from the bodies of severall Counties the last Parliament and from more this present Parliament and who were the fomenters of those jealousies did not the generall sence of the last Parliament concurre in it that they were Innovations and that they were suspitions as introductory to superstition Nay I appeale to all those that hear me which are drawn from al parts of the Kingdom whether this be not the generall sence of the greatest and most considerable part of the whole Kingdom I beseech you then to consider what kind Offices these men have done between the King and the Parlament between the King and Kingdom I speak of the greatest and most considerable parâ—s as giving denomination to the whole And now Sir as we have cast our eye backwards if wee will looke forwards how doe the clouds thicken upon us and what distractions yea what dangers doe they threaten us withall proceeding still from the same root of Church Government and Ceremonies and truely as things now stand I see but two wayes the one of Destruction the other of Satisfaction Destruction I meane of the opposite partie to the Bishops and the Ceremonies and reducing of all to Canonicall obedience by faire meanes or by foule this way hath beene already tryed and what effect it hath brought forth in our neighbour kingdome wee well know and it is like to produce no very good effect in this Kingdome if mens scruples and reasons
made but my Oath once being taken doth binde mee in all places and in all conditions so long as I live Thus much I thought good to speake concerning the power of imposing new Oathes as to the matter of this new Oath it is wholly illegall Jt is against the Law of this Land it is against the Law and light of Nature it is against the Law of God it is against the Lawes of this Kingdome and that no obscure Lawes nor concerning any meane or petty matters It is against the Law of the Kings Supremacy in that it maketh Arch-bishops Bishops Deanes Arch-Deacons c. to bee jure Divino whereas the Law of this Land hath annexed to the Imperiall Crowne of this Realme not onely all Ecclesiasticall Iurisdiction but also all superioritie over the Ecclesiasticall State and it is to bee derived from him by Câ—mmission under the Great Seale and consequently it is Jure humano Again it is against the Oath of Supremacy established by Law poynt blanke for therein I am sworne not onely to consent unto but also to assist and to the uttermost of my power to defend all Iurisdictions Preheminences c. anneâ—ed to the Imperiall Crowne of this Realme of which this is one and that which immediately precedeth this Oath in the Statute and whereunto it doth especially relate That his Majesty may exercise any Iurisdictions or Ecclesiasticall Government by his Commission under the great Seale directed to such persons as he shall thin 〈◊〉 meet so that if he shall thinke other persons more meet then Arch-bishops Bishops c. I am sworne in the Oath of Supremacy not onely to assent thereunto but to assist and to the uttermost of my power to defend such an appoyntment of his Majesty and in this new Oath I shall swear never to consent unto such an alteration In the like manner it is against the Law and Light of Nature that a man should sweare to answer c. to he knowes not what It is against the Law and light of Nature that a man should sweare never to consent to alter a thing that in its owne nature is alterable and may prove inconvenient and fit to bee altered Lastly it is against the Law of God for whereas there are three rules prescribed to him that will sweare aright that he sweare in Iudgement in Truth and righteousnesse hee that shall take this new Oath must needs breake all these three Rules He cannot sweare in Iudgement because this Oath is so full of ambiguities that he cannot tell what he sweares unto not to speak of the unextricable ambiguity of the c. There is scarce one word that is not ambiguous in the principall parts of the Oath as first What is meant by the Church of England whether all the Christians in England or wherher the Clergie onely or onely the Arch-Bishop Bishops Deanes c. Or whether the Convocation or what In like manner it is as doubtfull what is meant by the Discipline and what by the Dotirine of the Church of England for what some call Superstitions Innovations if others affirme to be consonant to the Primitive and that the purest Reformation in the time of Edward the 6. and in the beginning of the Reigne of Queene Elizabeth and so for the Doctrine of the Church of England if all the Positions that of later yeares have beene challenged by some of Divines to bee Arminian and Popish and contrary to the Articles of our Religion and which on the other side have beene asserted and maintained as consonant to the Doctrine of our Church and if the Articles of Religion were gathered together they might make a pretty volume Nay Sancta Clara will maintaine it in despight of the Puritanes that the Doctrine of the Church of Rome is the Doctrine of the Church of England Truely it were very fit that wee knew what were the Doctrine and Discipline of the Church of England before we sweare to it and then Sir give me leave to say that I should be very loath to sweare to the Discipline or to the Doctrine and Tenents of the purest Church in the World as they are collected by them farther than they agree with the Holy Scriptures Lastly it is as doubtfull what is meant by the Doctrine and Discipline established and what by altering consenting to alter whether that is accompted or established which is estalished by a Act of ParliameÌ„t or wether that also that is established by Canons Injunctions c. and whether it shall not extend to that which is published by our Divines with the allowance of authority so for consenting to alter whether it be only meant that a man shall not bee active in altering or whether it extend to any consent and so that a man shall not submit to it nor accept of it being altered by the State More ambiguities might be shewne but these are enough to make it cleare that hee that shall tâ—k this Oath cannot sweare in Iudgement Nor can he sweare in Truth for it is full of untruths It is not true that Discipline is necessary to salvation It is not true that Arch-Bishops Bishops Deanes Arch-Deacons c. are jure Divino as they must needs bee if the Law-mamakers ought of right to establish them as they are established for the Law-makers are not bound as of right to frame their Lawes to any other than the Lawes of God alone Now whether Bishâ—ps be jure Divino we know it is a dispute among the Papists and never did any Protestant hold it till of late yeares but that Arch-bishops Deanes Arch-Deacons c. should be jure Divino I doe not know that ever any Christian held it before and yet he that taketh this Oath must sweare it Lastly as hee that taketh this Oath cannot sweare in Iudgement nor in Truth so neither can hee sweare in Righteousnesse for it is full of unrighteousnâ—sse being indeed as hath beene well opened a Covenant in effect against the King and Kingdome for if the whole State should finde it necessary to alter the Government by Arch-Bishops Bishop c a great part of the Kingdome especially of the Gentry for not onely the Clergy but all that take Degrees in the Vniversities are bound to take it will be preingaged not to consent to it or admit of it Againe it is a great wrong to those that shall bee Parliament-men that their freedome shall be taken away being bound up by an Oath not to coâ—sent to the altering of a thing which it may befit and proper for a Parliament to alter And suppose that for the present it bee no hinderance to the service of God nor yet burdensome to the King and Kingdome yet if it should prove so hereafter for a man to bee bound by an Oath never to consent to alter it may bee a great wrong to God in his service and to the King and Kingdome in their peace and welfare and therefore this Oath cannot be taken in
Righteousnesse For the other Oath de parendo juri Ecclisiae stando mandatis Ecclesiae though it make lesse noyse than the other yet it is not of lesse dangerous consequence If I remember well the Storie this was the Oath that the Pope made King John to take and when hee had sworne stare mandatis Ecclesiae the Pope commandid him to resigne his Kingdome to him and truely bee hee Gentle man or Nobleman or what ever else when hee hath once put his necke into this nouse his Ghostly Fathers may drag him whither they will for they have the quantity and the quality of the penance in their owne breast and if they shal enjoyne him to give any summe towards the building of a Church or the adorning of a Chappell he must pay it or if they should enjoyne him any servile or base action as there are not wanting examples of that kinde in the time of Popery they are sworne stare mandatis Ecclesiae and so cannot recede but must performe it Nay I dare not warrant any man from the rods of Henry the second or of Raymond of Tholouze what hath beene done may bee done I am sure the power is the same And that other Oath also though more usuall in practise and more confirmed by these new Canons which is administred to Church-wardens would bee looked into For it is hardly possible for them that take it not to be forsworne being they sweare to so many particulars that they cannot minde and to some that they cannot understand as how many Church-wardens are there in England that understand what Socinianisme is in case they be sworne to present the offenders against that Canon which concernes that matter I shall only adde a word or two concerning two Canons more which seeme to be Canons of Reformation The first is concerning Excommunication to bee pronounced onely by a Divine wherein it is alledged for the framers of these Canons that if they have not more Law on their sides yet they may seeme to have more reason For my part as in all other things I thinke they have so mended the matter that they have made it far worse for before that which was found fault with was this that a Lay-man did that which the grave Divine should have done and now the grave Divine must doe what ever the Lay-man would have done for the cognisance of the cause and the power of Iudicâ—ture is wholly in the Lay-man onely the grave Divine is to be his servant to execute his sentences and hath such a kinde of managing the spiritual sword allowed onely unto him as the Papists in some cases were wont to afford unto the civill Magistrate in respect of the Temporalâ— sword â—or as if the Civill sword by an implicite Faith had been pinned to the Lawn-sleeves they condemned men of Heresie and then delivered them over to the Secular power but what to doe Not to have any cognisance of the cause nor to exercise any power of judicature but onely to be their executioners and to burne the Heretick whom they had condemned and so they judged men excommunicate and then the Civill power was to send out Writs de excommunicato capiendo against them but one said well that the sword without cognisance of the cause and judgement was like Polyphemus without his eye it became violence and fury But being accompanyed with the eye of judgement it is equity and justice and surely where the Spirituall or Civill Governour is called upon to strike hee must be allowed to see and judge whom and wherefore he strikes otherwise he will be able to give but an ill accompt to God of the managing of the sword wherewith he is instructed The other Canon is the last Canon against vexatious Citations wherein they seeme to have some sence of the great grievances that poore people lye under by occasion of vexatious citations and molestations in Ecclesiasticall Courts and I verily believe that there is not a greater oppression in the whole Kingdome upon the poorer sort of people then that which proceedeth out of these Courts But now Sir let us see what provision they have made against it by this Canon They say because great grievances may fall upon people by citations upon pretence onely of the breach of that Law without any presentment or any other just ground that no citations grounded onely as aforesaid shall issue out except it be under the hand and Seale of the Chancellour Commissarie Arch-Deacon or other competent Judge so that if there be any sence in these words though there be no presentment at all nor any other just ground yet a citation may issue out so it be under the hand and Seale of the Chancellour Commissary or other competent Judge and the partie shall not be discharged without paying his fees nor have any reliefe by this Canon But suppose the Citation be not under the hand and Seale of any competent Iudge and that there was neither presentment nor any just ground for it shall he then bee dismissed without paying any fees No unlesse first contrary to the Law of Nature there being no presentment nor just ground of accusation against him he shall by his Oath purge himselfe of pretended breaches of Law and then too hee shall onely have the fees of the Court remitted but shall have no satisfaction for his troublesome and chargeable journey and for the losse of his time and being drawne away from his affaires Nay lest they should seeme to have beene too liberall of their favour they adde a proviso in the close of the Canon that this grace of theirs shall not extend to any â—rievous crime as Schisme Incontinency misbehavious in the Church or obstinate inconformity And what do they call misbehaviour in the Church If a man doe not kneele at the Confession or have his hat on when the Lessons are reading In like manner what doe they call obstinate inconformity If a man will not thinke what they would have him thinke if a man will not say what they would have him say if a man will not sweare what they would have him sweare if a man will not read what they would have him read if a man wil not preach what they would have him preach if a man will not pray what they would have him pray In short if a man will not doe what ever they would have him doe then hee is an inconformist and after that they have duely admonished him primo secundo tertio all in one breath then hee is contumacious then he is an obstinate Inconformist Now Sir my humble motion is that in consideration of all the premisses and what besides hath beene well laid open by others wee should proceed to dam these Canons not onely as contrary to the Lawes of the Land but also as containing sundry matters destructive of the rights of Parliaments and of the fundamentall and other principall Lawes of this Kingdome and otherwise of very dangerous consequence
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
a few hard words against Iesuites all popery is countenanc'd Whosoever squares his actions by any rule either Divine or Humane hee is a Puritan Whosoever would be governed by the Kings Lawes he is a Puritan Hee that will not doe whatsoever other men would have him doe he is a Puritan Their great worke their Master-piece now is To make all those of the Religion to be the suspected party of the Kingdome Let us further reflect upon the ill effect these Courts have wrought what by a defection from us on the one side a separation on the other Some imagining whither we are tending made haste to turne or declare themselves Papists before hand thereby hoping to render themselves the more gracious the more acceptable A great multitude of the Kings Subjects striving to hold communion with us but seeing how far we were gone and searing how much further we wouâ—d goe were forc'd to flye the Land some into other inhabited Countries very many into Savago wildernesses because the Land would not bear them Do not they that cause these things cast a reproach upon the government Mr. Speaker let it be our principall care that these wayes neither continue nor returne upon us If wee secure our Religion wee shall cut off and defeat many Plots that are now on foot by Them and Others Beleeve it Sir Religion hath beene for a long time and still is the great designe upon this Kingdome It is a knowne and practic'd principle That they who would introduce another Religion into the Church must first trouble and disorder the government of the State that so they may worke their ends in a confusion which now lyes at the doore I come next Mr. Speaker to the Kings businesse more particularly which indeed is the Kingdomes for one hath no existence no being without the other their relation is so neere yet some have strongly and subtilly laboured a divorce which hath beene the very band both of King and Kingdome When foundations are shaken it is high time to looke to the building He hath no Heart no Head no Soule that is not moved in his whole man to look upon the distresses the miseries of the Common-wealth that is not forward in all that he is and hath to redresse them in a right way The King likewise is reduced to great straights wherein it were undutifulnesse beyond inhumanity to take advantage for him let us rather make it an advantage for him to doe him best service when he hath most need Not to seeke our owne good but in Him and with Him else wee shall commit the same crimes our selves which wee must condemne in others His Majesty hath clearely and freely put himselfe into the hands of this Parliament and I presume there is not a Man in this House but feeles himselfe advanc't in this high trust but if Hee prosper no better in our hands than he hath done in theirs who have hitherto had the handling of his affaires wee shall for ever make our selves unworthy of so gracious a confidence I have often thought and said that it must bee some great extremity that would recover and certifie this state and when thâ—t extremity did come Jt would be a great hazzard whether it might prove a remedy or ruine We are now Mr. Speaker upon that verticall turning poynt and therefore it is no time to palliate to foment our owne undoing Let us set upon the remedy wee must first know the Disease But to discover the deseases of the State is according to some to traduce the Government yet others are of opinion that this is the halfe way to the Cure His Majesty is wiser than they that have advised him and therefore hee cannot but see and feele their subverting destructive Counsells which speake lowder than I can speak of them for they ring a dolefull deadly knell over the whole Kingdome His Majesty best knowes who they are for us let the Matters bolt out the men their actions discover them They are men that talke largely of the Kings service have done none but their owne and that 's too evident They speake highly of the Kings power but they have made it a miserable power that produceth nothing but weaknesse both to the King and Kingdome They have exhausted the Kings revenew to the bottome nay through the bottome and beyond They have spent vast summes of money wastefully fruitlesly dangerously So that more money without other Counsells will be but a swift undoing They have alwayes peremptorily pursued one obstinate pernicious course First they bring things to an extremitie then they make that extremity of their owne making the reason of their next action seven times worse than the former and there wee are at this instant They have almost spoyled the best instituted Government in the world for Soveraignty in a King liberty to the Subject the proportionable temper of both which makes the happiest state for power for riches for duration They have unmannerly and slubbringly cast all their Projects all their Machinations upon the King which no wise or good Minister of State ever did but would still take all harsh distasteful things upon themselves to cleare to sweeten their Master They have not suffered his Majestie to appeare unto his people in his owne native goodnesse They have eclipsed him by their interposition althogh grosse condense bodies may obscure and hinder the Sun from shining out yet is hee still the same in his owne splendor And when they are removed all Creatures under him are directed by his light comforted by his beames But they have framed a superstitious seeming Maxime of State for their owne turne That if a King will suffer men to be torne from him hee shall never have any good service done him When the plaine truth is that this is the surest way to preserve a King from having ill servants abâ—ut him And the Divine Truth likewise is Take away the wicked from the King and his Throne shall be established Mr. Speaker Now wee see what the sores are in generall and when more particulars shall appeare let us be very carefull to draw out the Cores of them not to skin them over with a slight suppurating fâ—string Cure lest they breake out againe into a greater m schiefe consider of it consult and speake your min es It hath heretofore beene boasted That the King should never call a Parliament till he had no need of his people These were words of Division and malignitie The King must alwaies according to his occasions have use of his peoples Power Hearts Hands Purses The People will alwayes have need of the Kings Clemencie Iustice Protection And this Reciprocation is the strongest the sweetest union It hath bin said too of late That a Parliament will take away more from the King then they will give him It may well be said That those things which will fall away of themselves will enable the Subject to give him more than can be taken any way
else Projects and Monopolies are but leaking Conduit-pipes The Exchequer it selfe at the full st is but a Custome and now a broken one frequent Parliaments onely are the Fountaine And I doe not doubt but in this Parliament as wee shall bee free in our advises so shall wee be the more free of our purses that his Majestie may experimentally finde the reall difference of bâ—tter Counsells the true solid grounds of raising and establishing his Greatnesse never to be brought againe by Gods blessingâ— to such dangerous such desperate perplexities Mr. Speaker I confesse I have now gone in a way much against my Nature and somewhat against my Custome heretofâ—re used in this place But the deplorable dismall condition both of Church and State have so far wrought upon my judgement as it hath convinced my disposition yet am I not Vir Sanguinum I love no mans ruine I thanke God I neither hate any mans person nor envie any mans fortune onely I am zealous of a thorow Reformation in a time that exacts that extorts it Which I humbly beseâ—ch this House may bee done with as much lenity as much moderation as the publick safety of the King and Kingdome can possibly admit Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker IT will become us thankfully to acknowledge the prudent and painfull endeavours of my Lords the Peeres Commissioners intreating with the Scots in mediating with the King whereby God assisting wee are now probably drawing neare to a blessed peace His Majesty in his Wisedome and Goodnesse is graciously pleased to give his royall assent to their Acts of Parliament wherein the Articles of their Assembly are likewise included Insomuch as their Religion their Lawes their Liberties are ratified and established Besides their Grievances reliev'd and redress'd For which Wee use to give the King Money and are still ready to doe it This although it be a large yet it is not received as a full satisfaction Besides when They came into England they published in a Remonstrance That they would take nothing of the English but what they would pay for or give security We have defrayed them hitherto and are provided to doe it longer They did well remember that we assisted them in the time of their Reformation And it is not to be forgotten that we did beare our owne charges Concerning mutuall Restitution of Ships and Goods My Lords the Commissioners have very fairely and discreetly accommodated that particular already As for inferentiall consequentiall dammages such a Representation would but minister unacceptable matter of Difference and Contestation which amongst friends ought to be warily and wisely avoyded We could alleadge and truely too That Northumberland New-Castle and the Bishoprick will not recover their former state these twenty yeares Wee have heard it spoken here in this house by an understanding knowing member in the particular that the Coale-Mines of New-Castle will not bee set right againe for out hundred thousand pounds besides the over-price of Coâ—les which all the while it hath and will cast this City and 〈◊〉 parts of the Kingdome A great â—â—ale more of this nature might be rehearsed but I delight not to presse such renter stretched Arguments Let us on both sides rather thanke God by proceeding in the way he hath â—â—â—d before us and not wry his way to ours Time and his Blessing will repaire all our implicit Dammages with many prosperous explicite advantages They say that they doe not make any formall demand But they doe make a summe to appeare five hundred and foureteene thousand pounds more than 〈◊〉 gave the King at once Aportentous Apparition which shewes it selfe in a very dry time when the Kings revenue is totally exhausted his Debts excessively multiplied the Kingdom generally impoverished by grievous burthens and disordered Courses All this supply is to be drawne out of us onely without the least helpe from any of his Majesties other Dominions which to my seeming will be an utter draining of the people unlesse England bee Puteus inexhaustus as the Popes were wont to call it Notwithstanding Sir now that I have in part opened the state we are in though nothing so exactly as they have done theirs I shall most willingly and heartily affoord the Scots whatsoever is just Equitable and Honourable even to a convenient considerable round summe of Money towards their losses and expences That we may goe off with a friendly and handsome loos If they reject it we shall improve our Cause It was never yet thought Mr. Speaker any great wisedome over-much to trust a successeful Sword A man that walkes upon a rising ground the further he goes the larger is his Prospect Successe inlarges mens desires extends their ambition it breeds thoughts in them they never thought before This is naturall and usuall But the Scots being truely touched with Religion according to their profession that onely is able to make them keep their word for Religion is stronger and wiser than Reason or Reason of State Beyond all this Mr. Speaker the remarkable Traces of Gods wonderfull Providence in this strange worke are so many so apparant as I cannot but hope almost to beliefe That the same all-governing mercifull hand will conduct and lead us to a happy Conclusion will contract a closeâ— firmer union between the two Nations than any meere humane Policy could ever have effected which inestimable Ben fits to both in advancing the truth of Religion in exalting the greatnesse of the King in securing the peace of his Kingdomes against all Malicious Envious Ambitious opposites to Religion to the King to his Kingdomes wherein I presume all our desires and prayers doe meet Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker J Doe verily believe that there are many of the Clergie in our Church who doe think the simplicity of the Gospell too mean a vocation for them to serve in They must have a specious pompous sumptuous Religion with additionalls of Temporall greatnesse Authority Negotiation Notwithstanding they all know better than I what Fathers Schoolemen Councells are against their mixing themselves in secular affaires This Roman Ambition will at length bring in the Roman Religion and at last a haughty insolence even against supreame power it selfe if it bee not timely and wisely preâ—â—nted They have amongst them an Apothegm of their owne making which is No Miter no Scepter when wee know by deare experience that if the Mitre be once in danger they care not to throw the Scepter after to confound the whole Kingdome for their interest And Histories will tell us that whensoever the Clergie went high Monarchy still went lower If they could not make the Monarch the head of their owne Faction they would be sure to make him lesse witnesse one example for all The Popes working the Emperour out of Italy Some of ours as soone as they are Bishops adepto fine cessant Motus They will preach no longer
to the Lord Conttington then present said That this was a poynt worthy his Lordships consideration 27 That in or about the Moneth of August last he was made Lieutenant Generall of all his Majesties Forces in the Northerne parts against the Scots and being at York did in the Moneth of September by his owne authority and without any lawfull warrant impose a Taxe on his Majesties Subjects in the County of Yorke of eight pence perâ—iem for maintenance of every Souldier of the Trayned bands of that County which Summes of money hee caused to bee leavied by force And to the end to compell his Majesties Subjects out of feare and terrour to yeeld to the payment of the same He did declare that hee would commit them that refused the payment thereof and the Souldiers should be satisfied out of their estates and they that refused it were in very little better condition than of High Treason 28 That in the Moneth of September and October last he the said Earle of Strafford being certesild of the Scottish Army comming into the Kingdome and hee the said Earle of Strafford being Lieutenant Generall of his Majesties Armie did not provide to the defence of the Towne of New-Castle as he ought to have done but suffred the same to be lost that so hee might the more incence the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings kingdoms of England and Scotland in a Nationall and bloody Warre he did write to the Lord Conway the Generall of the Horse and under the said Earles command that hee should fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earle that his Majesties Armie then under his command was not of force sufficient to encounter the Scots by which advice of his hee did contrary to the duty of his place betray his Majesties Armie then under his command to apparent danger and losse All and every which Words Counsells and Actions of the said Earle of Strafford traiterously and contrary to his allegeance to our Soveraigne Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majesty and to set a division betweene them and to ruine and destroy his Majesties said Kingdomes For which they doe further impeach him the said Thomas Earle of Strafford of High Treason against our Soveraigne Lord the King his Crowne and Dignity The Earle of Bristowes Speech the 7th of Decemb. 1640. MAY this dayes Resolution be as happy as the Proposition which now moves me to rise seasonable and necessary for whether wee shall looke upon the King or the people it did never more behoove us the great Physitian the Parliament to effect a true consent towards all parts than now This debate carries with it a double aspect towards the Soveraigne and 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 Iudgements surely in the greatest humility I speake it their illegall wayes are works and punishments of indignation The raising of Leavies strengthened by Commission with un-heard of instructions the billiting of Souldiers and by Lieutenants and their Deputies without leave have beene as if they would have perswaded Princes nay worlds the right of Empire had beene had to take away what they please by strong hands and they have endeavoured as farre as it was possible for them to doe it This hath not beene done by the King under the pleasing shade of whose Crowne I hope we shall ever gather the fruits of Iustice but the Projectors have extended the Prerogative of the King beyond the limits which mars that sweete harmony They have rent from us the light of our eyes enforced Companies of guests upon us worse than the Ordinary of France vitiated of wives and daughters before our faces brought the Crowne to greater want than ever it was by anticipating the Revenue And can the shepheard be thus smitten and the sheepe not scattered They have introduced a Privie Councell ravishing at once the spheares of all ancient government imprisoning without Bayle or Bond. They have taken from us what shall I say indeed what have they left us All meanes of supplying the King and ingratiating our selves with him taking the rootes of all propriety which if it be seasonably set into the ground by his owne hand we shall have instead of beauty baldnesse To the making of them whole I shall apply my selfe and propound a remedy to all these diseasis by one and the same thing Hath King and People beene hurt and by one and the same thing must they be cured to vindicate what new things no our ancient sober vitall libertie by reinforming our ancient Lawes made by our Ancestors by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them And shall wee thinke that a way to breake a Parliament no our desires are modest and just I speake truely both for the interest of the King and people if we enjoy not this it will bee impossible to relieve him Therefore let us feare they shall not bee accepted by his goodnesse Therefore I shall discend unto my motions which consists of foure parts two of which have relation to the persons two to the properties of goods For the persons the freedome of them from imprisonment and from imployment abroad contrary to the ancient customes for our goods that no leavies be made but in Parliament Secondly no billiting of Souldiers It is most necessary that these be resolved that the subject be secured in both Then the manner in the second place be fit to det-ermine it by a grand Committee Mr. MAINARDS Speech before both Houses in Parliament on Wednesday 24 th of March in reply upon the Earle of Straffords answer to his Articles at the Barre My Lords I Shall repeat little of that which hath beene said onely this That whereas my Lord of Strafford did answer to many particulars yet hee did not answer to that which was particularly objected against him that is that you were to heare the complaints of the whole Kingdome now the particular of our aime is to take off the vizard which my Lord hath put on wherein the truth and honour which is due to his Majestie he would attribute to himselfe My Lords there is one thing which I desire your Lordships to remember it being the maine of our complaints The alteration of the face of government and tradacing of his owne Lawes and this is the burthen upon all the Lords and Commons of Ireland Concerning the breach of Parliament he would put it on Sir George Ratcliffe but iâ—me sure he cannot put off himselfe for Sir George
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
that the Parliament was broken he tels the King he had 8000 foot and 1000 horse to reduce this Kingdome to obedience My Lords consider in what a sad time this man tooke to infuse this sad Counsell into the Kings eare My Lords he doth advise the King that he was absolved from all rules of government but if no rule of government what rule of obedience Surely he meant to reduce us to a chaos and confusion c. would have us without all rule of government or obedience My Lords those that he would have brought to reduce us were Papists Enemies of our Religion This strikes us neer my Lords and is the griefe of our hearts that an Irish army should be brought into England to reduce us My Lords I hope we were nere so far gone as to need an army to reduce us to obedience My Lords he had raised this Army and if such Counsell had taken effect in his Majesties eare he like proud Haman would have thought to have been Generall of the Army And thus my Lords you see this Lord of Strafford falls upon a Counsell which might make an irreconcileable difference to subdue us by his power The Earle of Bristowes Speech in the High Court of Parliament upon the delivering of by him the Scottish Remonstrance and Schedule of their charges OUr Ancestors were accustomed to heare propositions in an other manner We represent unto you a very distressed estate sad tidings and dishonourable to our Nation That we should suffer our Countrey to relieve an Army that is come against us This may seeme to withdraw from the greatnes and honor of this Nation but I am sorry it should be thought a Nationall dishonour as the case now standeth But I wish it may light upon those that have been the ill instruments by their imprudent Counsells to bring this Kingdome into such an unhappy businesse that hath produced miserable effects and Calamities But let us labour to build the honour of this Nation and if ill and wicked men have brought this great dishonour great let the honour be when a state is so distressed by wisdom and prudence to relieve it I doe remember when the Common-wealth of Rome was in great distresse after the great Battayle of Cannae they gave thankes that the Counsell did not despaire of the safety of the Common-wealth and me thinkes there is no cause to despair If those ill Counsels and ill ways have brought us to this Calamity shall hereafter bee turned to wise prudent and setled wayes if God may so blesse us that we again prove happy for this Nation the strength and Scituation of it would hardly be brought to this condition were it not for want of Vnity and for discord among our selves When a happie Vnitie among our selves I doubt not to see the honour of this Nation set vp againe by the wisedome of his Majesty and prudent endeavour of this assembly this whole Monarchy once reunited I meane the 3. Kingdomes will render us very considerable abroad His Majesty hath granted our brethren in Scotland their demands in matter of Religion and liberty and doubt not but with humility and duty may likewise obtaine what wee shall desire concerning religion and libertie graciously from his Majesties hands And I am most confident his Majestie may expect from us all that duty affection and assistance as he hath just cause to expect from good people If God shall blesse us and this whole Monarchy with unity love and concord certainly these great Armies that do now trouble us and are ready to offend one an other may shew a capability with united mindes and well designed to effect great matters and may by unity of Counsell raise us up againe in the world to a good estimation and as great an honour as ever I hope God will blesse us with good Counsells and that the King as a gracious good and prudent Prince and all his Subjects joyning in this way no doubt but God will bring us againe to a convenient condition of consistancie yea since our armies are vnited under one King and Nation and in one Iland from a state gasping it will bee easie thence to bring us to a condition of prosperity therefore let us procure and maintaine a good correspondency amongst our selves and for the proposition it much started us at first but I must say thus much That where wars have fallen between Nations it is not unlawfull nor great dishonour to let men part upon reasonble conditions though with good consideration our Kings passed many times into France and returned with recompence but this a friendly demonstration of one Nation to another there is great difference in point of honour if we consider the state wherein wee now are two Armies in the field and consider it was not through our default nor the fault of the Kingdome that we are brought into these calamities The Instruments will bee made an example and the dishonour will light upon them and then certainly we doe conceive a wise and prudent Senate to apply themselves to some things by necessity is no dishonour A State lying gasping and bleeding to restore it is an essentiall part of honour This is that I had in command to say unto you His Majesties Speech to both the Houses of Parliament February 3. 1640. HAving taken into my serious consideration the late Remonstrance made unto mee by the House of Parliament I give you this answer That I take in good part your care of the true Religion established in this Kingdome from which I will never depart as also for the tendernesse of my safety and security of this State and Government It is against my minde that Popery or Superstition should any way encrease within this Kingdome and will restraine the same by causing the Laws to be put in execution I am resolved to provide against the Jesuites and Papists by setting forth a Proclamation with all speed commanding them to depart the Kingdome within one Moneth which if they faile or shall returne then they shall be proceeded against according to the Lawes Concerning Resettie I give you to understand that the Queene hath alwayes assured me that to her knowledge hee hath no Commission but onely to entertaine a personall correspondence betweene her and the Pope in things requisite for the Exercise of her Religion which is warranted to her by the Articles of Marriage which give her a full Liberty â—f Conscience yet I have perswaded her that since the misunderstanding of the Persons condition gives offence shee will within a convenient time remove him Moreover I will take a speciall care to restraine my Subjects from resorting to Masse at Denmark house St James and the Chappell of Ambassadors Lastly concerning John Goodman the Priest I will let you know the reason why I reprived him that as I am enformed neither Queene Elizabeth nor my Father did ever avow that any Priest in their times was executed meerely for Religion which to me
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
it like a busie angry Waspe his sting is in the tayle of every thing wee have likewise this day heard the report of the conference yesterday and in it the accusation which the Scottish Nation hath charged him withall and we doe all know he is guilty of the same if not more herein this Kingdome Master Speaker hee hath beene the great and common enemie of all goodnesse and good men and it is not safe that such a Viper should be neare his Majesties person to distill his poyson into his sacred eares nor is it safe for the Common-wealth that he sit in so eminent a place of government being thus accused wee know what we did in the Earle of Straffords case this man is the corrupt fountaine that hath infected all the streames and till the Fountaine be purged we can never expect or hope to have cleare channels I shall be therefore bold to offer my opinion and if Jerre it is the error of my judgement and not my want of zeale and affection to the publique good I conceive it is most necessary and fit that we should now take up a resolution to doe somwhat to strike while the iron is hot and to goe up to the Lords in the names of the Commons of this House and in the names of the Commons of England and to accuse him of high Treason and to desire their Lordships his person may be sequested and that in convenient time wee may bring up his charge FINIS A Message sent from the Queenes Majestie to the House of Commons by Mr. Comptroller 5o. Febr. 1640. THat her Majestie hath beene ready to use her best endeavours for the removing of all misunderstanding between the King and people That at the request of the Lords who petitioned the King for a Parliament her Majestie at that time writ effectually to the King and sent a Gentleman expresly to perswade the King to the holding of a Parliament That shee hath since beene most willing to doe all good Offices betweene the King and his People which is not unknowne to divers of the Lords and so shall ever continue to doe as judging it the onely way of happinesse to the King her selfe and Kingdome That all things be justly setled betweene the King and his people and all cause of misunderstanding taken away and removed That her Majestie having taken a knowledge that having one sent to her from the Pope is distastfull to this Kingdome She is desirous to give satisfaction to the Parliament which is convenient time shee will doe and remove him out of the Kingdome That understanding likewise that Exception had beene taken to the great resort to the Chappell of Denmark House shee will be carefull not to exceed that which is convenient and necessary for the Exercise of her Religion Shee further taketh notice that the Parliament is not satisfied with the manner of raising mony for the assistance of the King in his Journey to the North in the yeare 1639 at her entreaty from the Catholiques Shee was moved thereunto meerely out of her deere and tender affection to the King and of the Example of other his Majesties Subjects She seeing the like forwardnesse shee could not but expresse her forwardnesse to the assistance of the King If any thing be illegall shee was ignorant of the Law and was carried therein onely out of a great desire to be assisting to the King in so pressing an occasion but promiseth to be more cautious hereafter not to doe any thing but may stand with the established Lawes of the Kingdome Her Majestie being desirous to imploy her whole power to unite the King and people desireth the Parliament to looke forwards and passe by such mistakes and errors of her Servants as may be formerly committed And this your respect shee promiseth shall be repayed with all the good Offices shee can doe to the House which you shall finde with reall effects as often as there shall be occasion FINIS The Report of the Kings Message by the Lords to the House of Commons January 25. 1640. THat the occasion of his Majesties taking knowledge of the Conviction of John Goodman the Priest lately reprived was upon the constant order that hath been taken for divers yeares that the Recorder hath at the end of every Sessions attended his Majestie with the names of the persons convicted with an expression of their offences to the end that his Majestie might be truly enformed of the Natures of their Crimes and consequently not to be enduced by information to reprive such as were fit for grace and mercy And thereupon that he was lately Condemned for being in order of a Priest meerely and was acquited of the Charge of perverting the Kings people in their beliefe and had never beene Condemned or Banished before His Majestie is tender in matter of blood in Cases of this nature In which Queene Elizabeth and King James have beene often mercifull but to secure his people that this man shall doe no more hurt Hee is willing that he be imprisoned or banished as their Lordships shall advise And if he returne into the Kingdome to be put to Execution without delay And Hee will take such fit course for the expulsion of other Priests and Jesuites as Hee shall be councelled unto by your Lordships And that Hee doth not intend by this particular Mercie to lessen the force of the Lawes FINIS SIR THOMAS ROE his Speech in Parliament 1640. IT is a generall opinion that the trade of England was never greater and it may be true that if it be so yet it will not absolutely conclude that the Kingdome doth increase in riches for the Trade may by very aboundant and yet by consumption and importance of more then is expected the stocke may waste The Ballance would be a true solution of the Question if it could be rightly had but by reason it must be made up by a Medium of the Books of Rates it will be very uncertaine Therefore we must seeke another rule that is more sensible upon which wee may all judge and that may be by the plenty or scarcity of money for it is a true rule If money increase the Kingdome doth gaine by Trade if it be scarce it loseth Let us therefore consider first whether our Gold and Silver be not decreased and then by what meanes it is drayned and lastly how it may be prevented and what Remedies are appliable to effect it It is out of doubt our Gold is gone to travaile without Licence that is visible beyond Seas and every receiver of summes of money must find it privately and I feare the same of Silver for observing the species of late Coyning many halfe Crownes were stamped which are no more to be seene and by this measure I conclude the Kingdome growes poore The causes of this decay of Money may be many It may be stolne out for profit going much higher beyond Seas especially in France and Holland Much hath been
as great Returnes betweene Dansick and Naples as the value of our Cloth which is one million yearely and this in a due place I desire should have his due weight and consideration We have one helpe more if we knew how to use it that is by the new drained Lands in the Fens most fit for Flax and Hempe to make all sorts of Linnen for the body for the house and sayles for ships that is a Dutch and French Trade but in Holland one Acre of Ground is rented at three pounds which if the Hollanders may have in the Fens for 10. s. or 12. s. it will bee easie to draw the manufacture into England which will set infinite people aworke and we may be able to serve other Nations with that which we buy deare from them and then the state and Kingdome will be happy and rich when the Kings customes shall depend upon commodities exported and those able to returne all things which wee want and then our money must stay within our Kingdome and all the trade returne in money To incourage you to this I give you one Example That if the severall sorts of Callicoes made of Cotton-Woolls in the Moguls and Dans Dominions doth cloathe from head to foot all Asia a part of Europe Aegypt much of Africa and the Easterne Islands as farre as Sumatra which makes that Prince without Mines the richest Prince in the world by his Majesties Grace and Priviledges granted to the Dutch I am confident wee may make an undersell in all Linnen cloath in all the Nations in Europe But I have now wandred far from my Theme which was the decay of Trade and of Woollen commodity I must first therefore present to your consideration the causes thereof in my observations whereof some are internall and some externall The internall have proceeded from her owne false making as stretching and such like practises whereby indeed our Cloath is discredited I speake by experience from Dansick and Holland Northward to Constantinople as I will instance in due time This false Lucre of our owne and the interruption in the dying and dressing projected and not overcome gave the first wound though could it have been compassed it had doubled the value of our Commodity This hath caused the Dutch Silesians and Venetians to attempt the making of Cloath and now by experience as I am informed the halfe is not vented that was in the former Age. Another internall cause hath risen from such Impositions as hath made our cloth too deare abroad and consequently taught others to provide for themselves Another internall cause hath sprung from pressaries upon tender Consciences that many of our Clothiers and others have forsaken the Kingdome and carried their Arts with them to the unexpressible detriment of the Common-wealth The externall causes have beene the want of perfection and countenance to our Merchants established abroad in Factories by the State and by the Treaties whereby the Capitulations have not beene kept nor assured unto them neither in Prussia nor in the Sound nor Hamburgh nor Holland nor in the East And this I dare say that Laban never changed Jacobs wages so often as the Hollanders have forced our Merchants to change their residences and the very course of this Trade by Lawes and Tricks for their own advantage of which the Merchant-adventurers will more fully informe you Another externall cause is lamentable Report the increase of the Pyrates and the insecurity of the Mediterranean Seas whereby Bristow and the Westerne Ports that cannot have so great shipping as London are beaten out of Trade and fishing and if once those Theeves shall find the way to Banke and new-found Land they will undoe the West parts of England I will trouble you with a Consideration very considerable in our Government Whether indeed London doth not monopolize all Trade In my opinion it is no good state of a body to have a fat Head thin Guts and leane Members But to bring something before you of Remedy I say thus for my first ground That if our Cloth be not vented as in former yeares let us imbrace some other way to spend and vent our Wools. Cloth is a heavy and hot wearing and serves but one cold corner of the World But if we imbrace the new Draperies and encourage the Wallons and others by Priviledges and Naturalizations wee shall imploy all the wooll wee have set more people a worke then by Cloth and a pound of wooll in those stuffes true made will out-sell two pounds in Cloth And thus wee may supply France Italy Spain Barbary and some parts of Asia by such light and fine stuffes as will fit those warmen Regions and et have sufficient for the cold Clymates to be spent and adventured in true made Cloth by the reputation both of our Nation and commodity But in this course I must observe that these strangers so fit to be nourished and being Protestants may have priviledges to use their owne rights in Religion so as they be not scandalous as the Dutch and French had granted unto them by Queen Elizabeth And certainly the setling of Religion secure in England the feare whereof made many weake minds to waver and abandon this Countrey is and will be a great meanes to resettle both the great and lesser manufactures of woollen commodities For the externall causes wee must flye to the Sanctuary of his Majesties gracious goodnesse and protection who I am confident when the whole businesse shall be prepared for him and that we have shewed him our duty and love and settled his customs in such a bountifull way as hee may reape his part of the fruit of Trade I am confident I say that he will vouchsafe you all favour fit to be conferred upon good Subjects and not onely protect you abroad by his forces and authority and by treaties with his neighbours but by increasing the priviledges of Merchants at home and confirming all their Charters the breach whereof hath beene a great discouragement unto them and without which duely observed they cannot regulate their Trade There are some particulars in the Spanish Trade perhaps worthy of animadversion as under-selling good commodity to make money or barter for Tobacco to the imbasement of our owne Staple for Smoake which in a due place ought to bee taken into Regulation Another consideration for a ground for Trade ought to be the nature of it with whom and for what wee trade and which Trade is more principally to bee nourished which out of doubt are the Northern Trades which are the root of all other because the materials brought from those parts as from Wx Muscove Norway Prussia and Livonia are fundamentall and of absolute necessity for from these Trades we get the materials of Shipping as Pitch Tarre Cordage Masts and such like which inable us to all the Southerne Trades of themselves of lesse use being onely Wine Fruit Oranges and Curiosities for Sauces or effeminacy but by these we sayle to
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
the bond of peace The treasures of the privie Purse are but the supplies of Fancies warranted by a common Interest But the publick Tribute given by common assent supports Royall Dignity is sheltred under the wings of Prerogative and by that power covered from the eyes from the touch of deceivers In these wee render Caesar what is due to Caesar and tribute to whom tribute belongeth The proper inscription of the Crown is born here and censures those malignant spirits that dare whisper into the eares of sacred Majesty that our selves onely not your sacred person not your Royall posterity are the supreme objects of the givers The preservation of the publick union the supply of your Armies the distresses miserable distresses of the Northern parts the common calamities of the times begat the consideration of this Bill the remainder of the six entire Subsidies happily presented to your sacred Majesty by this unworthy hand the first vote advanced a credit to us to issue them for the use of your sacred Majesty The full perfection adds growth to that credit and enables us to returne to your sacred Majesty as to the Ocean the Tribute due to Justice and Soveraignty These are the vast earnests of our desires which take their rise from the due regard from the safety of your Throne of your posterity Your Royall assent stamps your image here and makes this yours and yours onely which I by the commands of the Commons humbly beseech of your sacred Majesty THE SPEECH OF Master Plydell ESQUIRE Master Speaker I Have heard since I had the honour to sit here many grievances presented and truly Sir my heart bleeds within mee when I thinke of them especially those that concerne Religion But what should I speake of grievances concerning Religion when Religion it selfe is become a grievance nay the very Nurse and Mother of all grievances all scandalls all reproaches Tantum Religio potuit suadere malorum SIR Not to trouble you with any long discourse if I have any sight that Bark both of Church and State hath a long time floated betwixt Scylla and Charibdis Popery on the one side and I know not what to call it on the other in many respects both alike dangerous unlesse the Italian Proverb may alter the Case God defend me from my reputed friends and I will defend my selfe from my profest enemies Sir Wee are intrusted by God the King and the Countrey with the managing of this Bark fraught with the fortunes of three great Kingdomes Now should wee so decline the former Rock that wee dash on the other side I humbly offer it to this Honourable Assembly whether shee might not have just cause to say shee had changed her Pilot rather then her condition and onely shifted places to finde her ruine For Sir there is as much beyond Truth as on this side it and would wee steere a right course wee must be sure to keepe the channell lest wee fall from one extreme to another from the dotage of Superstition to the frenzie of Profanenesse from bowing to Idols to worship the Calves of our owne imaginations Sir I beseech you consider what libellous Pamphlets are now printed what Sermons are preached not building hay and stubble but utterly subverting the foundations of Truth what irreverence in Churches what profanation of Gods Service to the scandall of Christianity the reproach of Religion and the intolerable griefe of all good men of which I may take up the words of Petrus de Aliaco to the Councell of Constance Nisi celeriter fiat Reformatio audeo dicere quòd licèt magna sint quae videmus tamen in brevi incomparabilia majora videmus post ista tam horrenda majora alia audiemus Sir I take God to record I am no mans Advocate no mans enemy but a faithfull lover of truth and peace and a dutifull Son of our distressed Mother the Church of England in whose behalfe and our owne my motion shall bee shortly this That the Ministers Petition with so much of their Remonstrance as hath been read may be committed and the rest of it concerning matter of Doctrine may bee referred to some learned and approved Divines who have spent their time in that noble study For give me leave to tell you there is a vulgus among the Clergy as among the Laity Et in utroque nil modicum and for these and all things which strike at the roote and branch as they please to call it I shall humbly move that wee rather consider how to satisfie the Petitioners with some timely declaration from both Houses of the lawfulnesse and conveniency of Episcopall Government derived from the Apostles and so long established in this Kingdome rather then to venture upon any alteration the consequence whereof the wisest man cannot fore-see And in truth Sir should we once begin for my owne part I know not how or where wee should stay Neverthelesse if any one doubt the superiority of Bishops over Priests and Deacons in Ecclesiasticall government or in ordination I shall be ready whensoever this House shall command mee to make it good and I think by as pregnant testimonies as wee are able to prove the difference betwixt Canonicall and Apocryphall Scripture the necessity of Infants baptisme or that the Apostles were the Authors of their owne Creed But Sir I hope you will save your selfe and mee that labour and rather devise of some set way to bind up the Churches wounds which God knowes are too wide already that so the Clergy and Laity being made friends and all reduced to the modell of our Ancestors since the Reformation we may altogether preserve the unity of the Spirit in the bond of peace and so his Majesty having gratiously and prudently exprest himselfe I am the more confident wee shall not onely put an end to all mis-intelligence betwixt Prince and People but also highly advance the Protestant cause and give a deadly blow to the See of Rome Sir I humbly crave the favour of the House for God is my witnesse Non potui aliter liberare animam meam Sir THOMAS ROVVES REPORTS To the COMMONS HOUSE of PARLIAMENT 1640. Master Speaker I Am to make a Report of what was delivered at the conference of a Committee of both Houses of Parliament upon Thursday last I hope Master Speaker so much upon the favour of this House that they will give mee leave to be a Reader and that they will not expect from my age and weaknesse a particular repetition of the same words a taske too great for my memory unpractised for many yeares in such exactnesse neither am I able to represent without diminution that life and grace that those relations received from so great abilities desiring their Lordships pardon and your acceptance of the substance and matter wherein I hope I shall omit nothing substantiall and if I could repeate every word yet would it want as much luster as copies of ordinary hands doe of the best originals
My Lord Keeper did first let us know that his Majesty had commanded the Lords Commissioners of the great Councell to give an account of their Treaties at Yorke and Rippon to both Houses and of his Majesties gracious intentions in a businesse so much importing the honour and safety of the Kingdome that there might be made a faithfull relation with all candor and clearnesse which was the summe of his Majesties instructions His Lordship declaring that my Lords of the upper House for the saving of time had thought fit to give this account to a Committee of both Houses which hath occasioned the meeting at this Conference and election being made of the Earle of Bristoll by the Lords Commissioners he began his Narration directed to the Lords of the upper House and to the Knights Citizens and Burgesses of the house of Commons and thus the Earle of Bristoll began That the Lords Commissioners intended not to looke further back into the businesse then the Acts of their own imployments They did intend to give no account of the pacification interrupted nor war renewed no account how the Armies in England Ireland and by Sea were designed nor of any occasion They purposed not to lay fault upon any man nor to enquire into the cause why the Scots as they pretended from necessity were drawne to enter this Kingdome nor why the Kings Army when service was to be done was out of the way But that those through whose hands these have passed might hereafter give their own account His Lordship told us that his Majesty was pleased to call his great Councell at Yorke to whom he made two propositions The first was how his Army which seemed to be in distresse for want of pay should be relieved and maintained To this to shew their duties to the King the Lords resolved to ingage themselves and to that purpose to send chosen Deputies to London to negotiate a supply The second proposition was that after the Scots had passed Northumberland taken Newcastle and possessed the Bishopricke of Duresme they sent a Petition to his Majesty which containeth in generall termes a desire to have their grievances taken into consideration Which Petition and Answer thereunto was read unto us A. N. A. and presented for our clearer understanding Upon receipt of his Majesties Answer the Scotish Lords sent his Majesty a second Petition directed in a Letter to the Earle of Lanrick K. Q. in which they made their particular demands and declared that according to his Majesties command they would advance no further and this Petition was also read and delivered unto us of which his Lordship desired that great Assembly to take especiall notice for that much of the future discourse would depend upon it The businesse thus stated at the great Councell the second proposition was what Answer should be made to that Petionary Letter and in what manner it should be carried In which his Majesty required their Councell Whereupon the Lords replyed that it was impossible for them to give any well grounded advice unlesse the true state of his affaires and the Condition of his Army were laid before them Whereupon his Majesty commanded the Earle of Traquaire N. L. to make the Narration of the Scotish businesse and their late Acts of Parliament and the Lord Lievtenant generall to give an account in what condition the Army stood and what was answered by my Lord Lievtenant was read in his owne words Besides this declaration the Earle of Bristoll delivered upon a further enquiry how the state of the businesse then stood That the Scots Army had passed Northumberland without resistance that they had disputed the passage of the River of Tyne at Newburne where our horse retyred in disorder that his Majesties foot Army consisting of twelve or fourteene thousand men in Newcastle likewise retired to Yorke whereby the Towne of Newcastle a place of great consideration was without one stroke strucken fallen into the Scots hands and the Bishopricke of Duresme drawn under Contribution That in this state the Gentry of the Bishopricke repayred to Master Treasurer who carryed them to his Majesty from whom they were referred to my Lord Lievtenant of the Army who gave them this answer positively That they could looke for no help nor protection from the King and therefore they might use the best meanes they could to preserve their lives and estates Whereby those distressed Provinces the ancient Bulwarks of this Kingdome full of brave and valiant men being now fallen into the power of an Army which of necessity must live were forced to consent to a contribution by Treaty and a very heavy one though such without which the Scotish Army could not subsist The agreement was 350. l. a day for the Bishopricke of Duresme 300. l. a day for Northumberland 200. a day for the Towne of Newcastle in all 850. l. a day which should it continue would amount unto 300000. l. for one yeare These Gentlemen much lamented their estates that the Scots should be irritated as they call it by being proclaimed Traytors His Lordship made a little digression and asked leave to speake truth in such language as the Scots had presented their state unto them That having proclamation made against them being threatned with a great Army of thirty or forty thousand men another of ten thousand out of Ireland and by Parliament declared Traytors and Rebels and having heard of another Army providing of eight or ten thousand by shipping to hinder their Trade at least their Commerce with England that they were drawne together by necessity as they pretended of defence further alledging that it was a common discourse of which they had seene papers that they should bee reduced into a Province which would be but one Summers worke and therefore they having drawne their power together as any Nation would doe and being assembled and their Country being poore taking advantage of the time and that all those Armies that should oppose them were out of the way and those unfortunate Provinces left like a list of Cloath they were forced to enter in England that thus they had lamented and thus the state stood before the Lords when it was examined in the great Councell Thus their Lordships found that the Scots had increased their confines neere fourescore miles in England and had passed the Rivers of Tweed and Tyne and that the River of Tees the boundary of Yorkeshire Duresme being possessed was not to be defended being foordable in many places by forty horse a front that if the Scots should passe that River there was no possibility to hinder them from comming to Yorke or to any part of England without hazarding a Battell which my Lord Lievtenant had declared unto them he would not advise for though the Kings Army consisted of seventeene or eighteene thousand good bodies of men yet being untrained and unused to Armes he would be loath to hazzard such an Adventure upon them but if they
should advance to Yorke hee might make good that Citie This being the case as it was presented my Lords advised his Majesty that they conceived the fittest way was that the Scots and their grievances might bee heard And whereas their maine Complaint had beene that their Petitions to his Majesty had beene conveyed by Conduits of an evill rellish that there might be chosen such Lords Commissioners of whose integrity they could not doubt Whereupon his Majesty was pleased to referre the choyce of the Commissioners to the great Councell who made the election with the assent of his Majesty The Commissioners names N. B. to whom power was given under the great seale of England to heare whatsoever the Scots would lay before them and to enter into Treatie with them and to give safe conducts and to do all things preparatory to a Treaty The first place of meeting was appointed at North-Allerton but some inconveniences being found it was by consent transferred to Rippon For the inducement of this meeting N. B. a Letter of the Lord Lanricks to the Scots Commissioners was read and given unto us The Treaty thus settled the Lords to be imployed receiving instructions from his Majesty by the consent of the great Councell it was agreed they should treat upon the whole businesse propounded by the Scots and left to their discretion to treate of a Cessation of Arms as the ordinary fore-runner of all Treaties of Peace When their Lordships came to Rippon the Cessation of Armes was the first proposed but being entered upon it the Scots Commissioners did let their Lordships know that there was something necessary first to be done that the Countreys where they lay were become poore that they could not thinke as their affaires stood of returning home that his Majesty had restrayned them from passing further so that a Treaty in this Exigent was worse then a Warre unlesse meanes might be thought upon how they might subsist and hereupon they did propound that if it were expected that they made no further progresse therein obeying his Majesties command which nothing but invincible necessity should force them to transgresse by plundring the Countreys they must have maintenance for their Army This motion seemed very strange to their Lordships that it should be demanded to provide a maintenance for the Scots when the Kings owne Army was in great distresse yet the necessity seemed to be such on both sides that the Lords appointed some of their Company to repaire to the King at Yorke to acquaint his Majesty with the Scots demand Upon debate of the businesse though it were of hard digestion to his Majesty the Lords and the whole Kingdome that they whose Ancestors had been called to advise upon the Ransome of Kings should now come to consult how to maintaine an Army got into our owne bowels Therefore their Lordships would not proceed without the knowledge of his Majesty and the great Councell where it was found necessary not for maintaining the Scots Armies for they might easily supply their owne wants by plundring in which course they might get a million whereas five thousand pounds would serve but for two months but to preserve the Countreys from utter ruine and the Scots from further advancing to give to their Lordships Commission to treate for a competency of maintenance during the Treaty The first demand was forty thousand pounds a moneth which by Treaty was reduced thus That instead of giving them any allowance they should bee left to their proportion of that contribution already agreed upon by the Counties as lesse dishonourable then to assigne them maintenance This point being thus settled N. D. E. their Lordships proceeded to the Treaty of Sessions and both were agreed and concluded his Lordship proposing the Articles themselves to bee read for more satisfaction His Lordship proceeded that these preparatives being settled at Rippon twenty miles from Yorke and the time far spent and the Parliament approaching their Lordships resolved to bee humble suitors to his Majesty that the generall Treaty might be transferred to London by consent of both parties thereunto agreeing Here his Lordship proposed the reading of a Letter whereby this translation of the Treaty was moved which was done and delivered unto us To this Letter his Majesty made a gracious answer and consented to transferre the Treaty to London where some of the Scots Commissioners are already arrived and the rest within a day or two expected Their Lordships having proceeded in the Treaty as far as they could goe repaired to Yorke and both Articles concluded were read in his Majesties presence and that they declared that they had in all things punctually observed their Instructions whereupon his Majesty required them to give their counsell whether he should ratifie and signe these Articles or not To which the Lords made answer that they had served his Majesty in quality of Commissioners Ambassadours and had duly observed their Instructions but now He being pleased to aske their advice they would bee glad to serve him according to their consciences and therefore besought his Majesty for leave to retire themselves and consult of the businesse to which his Majesty was graciously pleased to consent Upon resolution considering the great strait into which his Majesties affaires were reduced they concluded to advise his Majesty to signe and craved leave to present unto his Majesty a declaration of their reasons which were accepted and read in the great Councell And their Lordships held it necessary to bee read againe in that great Assembly N. G. as the rest of their Councell These reasons being read his Majesty was pleased to ratifie the Articles in expresse words also read unto us His Lordship concluded this Narrative as the full account of the Treaty N. D. and proceeding in it to his Majesties ratification and craved leave in the next place to present the hard and wofull condition in which his Majesties affaires then stood in the North First that by consent a contribution of 850. l. a day was agreed That there was already some doubt that the Countries were not able to beare it On the other side it was objected by the Scots that it was impossible if the payment should faile to keepe their promise or to obey his Majesty but that they should be necessitated against their will to plunder the Country These doubts considered it was declared by my Lord Lievtenant that the Counties of Cumberland and Westmerland being at pleasure under the Scots power it was reasonable that in subsidium they should contribute some helpe to their Neighbours But hee declared since their Lordships coming away the Commissioners left at Duresme had written that it was impossible for them to proceed in the agreement which if it were broken on their part the Scots would alledge an impossibility to consent to starve so that if some meanes were not found by which those Counties engaged might bee relieved hee was affraid all their labour and Treaty
would come to nothing and this letter was read and presented unto us His Lordship represented N. H. that the Commissioners and all the Lords had engaged themselves faithfully and truly to declare to the Parliament the distresse of the Counties Hee declared that it was far from their Lordships purpose to move any supply of money from the House of Commons but to lay the cause before them and to leave it to their wisedome averring certainly that if some course were not taken the whole kingdome would be put into disorder Armies would not starve retiring was not yet as hee thought in the thoughts of the Scots Therefore they must plunder and destroy or advance into Yorkeshire and so into England to seeke subsistence the prevention whereof did highly import the King and kingdome His Lordship proposed another no lesse worthy of consideration to the whole kingdome But if the Scots Army were provided of a competency for the ease of those Counties it were very strange there should not an equall care be had for mainteining the Kings Army that stands before them He said the Scots Army was strong and powerfull and little other resistance against it but the impediments of an Army marching in winter But whether it were fit for a kingdome to bee trusted to accidents of Frosts with a people bred in Swedland and cold Countreys hee left to their discretion His Lordship confessed that the Scots had made great protestations and with great execrations averred that they had no intent to advance forward but returne when they shall have received satisfaction Yet their Lordships did not conceive that the kingdome should relye upon promises or protestations Many accidents might happen when a Nation come from a farre Countrey to a better should bee told the businesse they come about was just and their quarrell good who finding themselves in a fat pasture may pick quarrells which their Leaders if they should goe about to prevent them of the reward of their vertue and valour Upon these grounds his Lordship presented to the generall consideration the supply of his Majesties Army that it bee not disbanded which if it should come to passe Yorkeshire and other parts of England were left to the Scots discretion His Lordship said Hee durst not say the Scots would not come forward but that it was in their power if they would and therefore hee recommended this representation to the whole body of the kingdome to prevent furture dangers Hee concluded with a prayer to Almighty God to direct the hearts of all the kingdome and to give a blessing onely able to remove the great distractions so many and so grievous as under which since the Conquest this kingdome never laboured There were presented unto mee two papers more the one being Instructions from Newcastle to Sir Thomas Hope and others concerning the contribution the other an account of Arreers from the eleventh of September to the twentieth of November which were all read unto us nor doe I know how or to what use to imploy them Mr. RIGBYES SPEECH In answer to the LORD KEEPERS last SPEECH 1640. Master SPEAKER THough my Judgement prompts mee to fit still and be silent yet the duty I owe to my King my Countrey and my Conscience moves me to stand up and speake Master Speaker had not this Syren so sweet a tongue surely hee could never have effected so much mischiefe to this kingdome you know Sir optimorum putrefactio pessima the best things putrefied become the worst and as it is in the naturall so in the body politick and what 's to be done then Master Speaker wee all know ense recidendum est the sword Justice must strike nè sinceratruhatur Master Speaker it is not the voice non vox sed votum not the tongue but the heart and actions that are to be suspected for doth not our Saviour say it Shew mee thy faith by thy workes O Man Now Master Speaker hath not this kingdome seene seene say I nay felt and smarted under the cruelty of this mans Justice so malicious as to record it in every Court of Westminster as if hee had not beene contented with the enslaving of us all unlesse hee entailed it to all posterity Why shall I beleeve words now cum factum videam Shall we be so weake men as when wee have beene injured and abused will be gained againe with faire words and complements Or like little children when we have beene whipt and beaten bee pleased againe with sweet meats Oh no there be some birds in the Summer of Parliament will sing sweetly who in the Winter of Persecution will for their prey ravenously fly at all upon our goods nay seize upon our persons and hath it not beene with this man so with some in this assembly Master Speaker it hath beene objected unto us that in Judgement wee should thinke of mercy and Bee yee mercifull as your heavenly Father is mercifull now God almighty grant that we may be so and that our hearts and Judgements may be truly rectified to know truly what is mercy I say to know what is mercy for there is the point Master Speaker I have heard of foolish pitty foolish pitty doe we not all know the effects of it and I have met with this Epithete to mercy Crudelis misericordia and in some kind I thinke there may be a cruell mercy I am sure that the spirit of God said Be not pitifull in Judgement nay it saith Bee not pitifull of the poore in Judgement if not of the poore then a Latiori not of the rich there 's the Emphasis We see by the sett and solemne appointments of our Courts of Justice what provision the wisedome of our Ancestors hath made for the preservation honour and esteeme of Justice witnesse our frequent Termes Sessions and Assises and in what pompe and state the Judges in their Circuits by the Sheriffes Knights and Justices and all the Countrey are attended oft-times for the hanging of a poore thiefe for the stealing of a hog or a sheep nay in some Cases for the stealing of a penny and Justice too in terrorem and now shall not some of them be hanged that have rob'd us of all our propriety and sheered at once all our sheepe and all we have away and would have made us all indeed poore Bellizarasses to have begged for halfe-pennies when they would not have left us one penny that wee could have called our owne Let us therefore now Master Speaker not be so pitifull as that wee become remisse not so pitifull in Judgement as to have no Judgement but set the deplorable estate of Great Brittain now before our eyes and consider how our most gracious Soveraigne hath beene abused and both his Majesty and all his Subjects injured by these wicked Instruments for which my humble motion is that with these particulars wee become not so mercifull as to the generality the whole kingdome wee grow mercilesse Fiat Justitia Mr. VVALERS SPEECH
government but that his Majesty may well satisfie them For our late experience I hope will teach us what rocks to shunne and how necestary the use of moderation is And for his Majesty he hath had experience enough how that prospers which is gotten without the concurrent good will of his people never more money taken from the Subject never more want in the Exchequer If we looke upon what we have payd it is more then ever the people of England did in such a time if we looke upon what hath beene effected therewith it shewes as if never King had beene worse supplyed so that we seeme to have acted Belids part whose punishment was to endevour the filling of a Sive with water Whosoever gave advice for these courses hath made good the saying of the wise man Qui conturbat domum suam possidebit ventum By new wayes they think to accomplish wonders but in truth they graspe the winde and are in the meane time saevus ambobus Achilles cruell to us and to the King too for if the Common-wealth flourish then hee that hath the Soveraignty can never want nor doe amisse so as hee governe not according to the interest of others but goe the shortest and the safest wayes to his owne and the common good with regard how they stand in order to any private mans desires or a preservation The Kings of this Nation have alwayes governed by Parliaments And if wee looke upon the successe of things since Parliaments were layd by it resembles that of the Grecians Ex illo fluere vetito sublapsa referri Rex Danaum especially on the Subjects parts for though the King hath gotten little they have lost all but his Majesty shall heare the truth from us and wee shall make to appeare the errors of Divines who would perswade us that a Monarch can be absolute and that he may doe all things ad libitum receding not onely from their text though that be a wandring too but from the way which their owne profession would teach them Stare super vias antiquas and remove not the ancient bounds and land-markes which our Fathers have set If to be absolute were to be restrained by no lawes then can no King in Christendome be so for they all stand obliged to the Lawes Christian and we aske no more For to this Pillar are our priviledges fixt our Kings at their Coronation taking a sacred oath not to infringe them I am sorry these men take not more care of informing our faith of those things which they tell us for our soules health whiles we know them so manifestly in the wrong in that which concerns the liberties priviledges of the Subjects of England But they gaine preferment and then 't is no matter though they never beleeve themselves nor are beleeved of others But since they are so ready to let loose the Conscience of our Kings we are the more carefully to provide for our protection against this Pulpit-Law by declaring and re inforcing the Municipall Lawes of this kingdome It is worth the observing how new this opinion is or rather this way of rising even amongst themselves For Master Hooker who sure was no refractory man as they terme it thinkes that the first Government was arbitrary untill it was found that to live by one mans will became the cause of all mens miseries these are his words and that this was the originall of inventing Lawes And Master Speaker if we looke furtner back our Histories will tell us that the Prelates of this kingdome have often beene the mediators betweene the King and his Subjects to present and pray redresse of their grievances and had reciprocally then as much love and reverence from the People but these Preachers more active then their Predecessors and wiser then the Lawes have found out a better forme of Government the King must bee more absolute Monarch then any of his Predecessors and to them hee must owe it though in the meane time they hazzard the hearts of his people and involve him into a thousand difficulties For suppose this forme of Government were inconvenient and yet Master Speaker this is but a supposition for these five hundred yeares it hath not onely mainteined us in safety but made us victorious over other Nations but I say suppose they have another Idea of one more convenient wee all know how dangerous Innovations are and what hazzard those Princes runne that enterprise the change of a long established Government Now Master Speaker of all our Kings that have gone before and of all that are to succeed in this happy race why should so pious and so good a King bee exposed to this trouble and hazzard besides that Kings so diverted can never doe any great matter abroad But Master Speaker whiles these men have thus bent their wits against the Lawes of their Countrey whether they have neglected their owne Province and what Tares are growne up in the field which they should have tilled I leave it to a second consideration not but that Religion ought to bee the first thing in our purposes and desires but that which is first in dignity is not alwayes to precede in order of time for well-being supposes a being and the first impediment which men naturally indevour to remove is the want of those things without which they cannot subsist God first assigned unto Adam maintenance of life and gave him a title to the rest of the Creatures before he appointed a Law to observe And let me tell you if our adversaries have any such designe as there is nothing more easie then to impose Religion on a People deprived of their Liberties so there is nothing more hard then to doe the same upon Freemen And therefore Master Speaker I conclude with this motion that an order may bee presently made that the first thing this House will consider of shall be the restoring this Nation in generall to the fundamentall and vitall Liberties the propriety of our goods and freedome of our Persons and that then wee will forthwith consider of the supply desired and thus wee shall discharge the trust reposed in us by those that sent us hither his Majesty will see that wee make more then ordinary haste to satisfie his demands and wee shall let all those know that seeke to hasten the matter of supply that they will so far delay it as they give interruption to the former A Speech made by the Honourable DENZELL HOLLES Esquire at a Conference by a Committee of both Houses of Parliament in the painted Chamber May 4. 1641. in the presenting of the Protestation My Lords THe Knights Citizens and Burgesses of the House of Commons having taken into their serious consideration the present estate and condition of this Kingdome they find it surrounded with variety of pernitious and destructive designes practices and plots against the well-being of it nay the very being of it and some of these designes hatched within our owne
bowels and viper-like working our destruction They finde Jesuites and Priests conspiring with ill Ministers of State to destroy our Religion they find ill Ministers conjoyned together to subvert our Lawes and Liberties They find obstructions of Justice which is the life bloud of every State and having a free passage from the Soveraigne Power where it is primarily seated as the life bloud in the heart and thence derived through the severall Judicatories as through so many veines into all the parts of this great collective Body doth give warmth and motion to every part and member which is nourished and enlivened by it but being once precluded stopped and seared up as the particular must of necessity faint and languish so must the whole frame of Government bee dissolved and consequently Soveraignty it selfe which as the heart in the body is Primum vivens ultimum moriens must dye and perish in the generall dissolution and all things returne as in the beginning in antiquum Chaos They find the propriety of the subject invaded and violated his estate rent from him by illegall Taxations Impositions Monopolies and Projects almost upon every thing which is for the use of man not onely upon superfluities but necessaries and this to enrich the vermine and caterpillers of the Land and to impoverish the good subjects to take the meate from the children and give it to dogges My Lords If we find these things so wee must conceive they must bee ill counsels which have brought us into this condition These counsels have put all into a combustion have discouraged the hearts of all true English men and have brought two Armies into our bowels which as the Vulture upon Prometheus eate through our sides and gnaw our very hearts Hinc dolor sed unde medicina Heretofore Parliaments were the Catholicon the Balme of Gilead which healed our wounds restored our Spirits and made up all the breaches of the Land But of late yeeres they have beene like the Fig-tree in the Gospel without efficacy without fruit onely destructive to the particular members who discharge their duties and consciences no way beneficiall to the Common-wealth Nobis exitiabile nec Reipub. profuturum as he said in Tacitus commonly taken away as Elias was with a whirle-winde never coming to any maturity or to their naturall end whereas they should bee like that blessed old man who dyeth plenus dierum in a full age after hee hath fought a good fight and overcome all his enemies as the shock of wheat which cometh in in due season to fill our Granaries with Corne uphold our lives with the staffe of bread For Parliaments are our panis quotidianus our true bread all other wayes are but Quelques choses which yeeld no true nourisshment breede no good bloud This very Parliament which hath sate so long hath all this while but beaten the ayre and striven against the streame for I may truely say winde and tide have still been against us The same ill counsels which first raised the storme which almost shipwrackt the Common-wealth do still continue they blow strong like the East-wind that brought the Locusts over the land These counsels crosse our designes east difficulties in our way hinder our proceedings and make all that we doe to be fruitlesse and ineffectuall they make us to bee not masters of our businesse and so not masters of money which hath been the great businesse of this Parliament that we might pay the Armies according to our promises and engagements For My Lords our not effecting of the good things which wee had undertaken for the good of the Church and Common-wealth hath wounded our reputation and taken off from our credit Is it not time then my Lords that wee should unite and concentrate our selves in regard of this Antiperistasis and circumvallation of hurtfull and malitious intentions and practices against us My Lords it is most agreeable to nature and I am sure most agreeable to reason in respect of the present conjuncture of our affaires for one maine engine by which our enemies work our mischiefe is by infusing an opinion and belief into the world that wee are not united amongst our selves but that like Sampsons Foxes we draw severall waies and tend to severall ends To defeate then the counsels of those Achitophels which would involve us our Religion our King our Lawes our Liberties all that can bee neere and deare unto an honest soule in one universall and generall desolation to defeate I say the counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to bee specially intrusted with the preservation of the whole and in their consciences perswaded that the dangers are so imminent that they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves and by making a solemne Protestation and Vow unto their God that they will unanimously endevour to oppose and prevent the counsels and the Counsellors which have brought upon us all these miseries and feares of greater to prevent the ends and bring the Authors of them to condign punishment and thereby discharge themselves both before God and man The Protestation your Lordships shall have read unto you together with the grounds and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble The PREAMBLE WEe the Knights Citizens and Burgesses of the Commons house in Parliament finding to the great griefe of our hearts that the designes of the Priests and Jesuites and other Adherents to the See of Rome have of late beene more boldly and frequently put in practice then formerly to the undermining and danger of the ruine of the true reformed Protestant Religion in His Majesties Dominions established And finding also that there have beene and having just cause to suspect that there still are even during this sitting in Parliament indeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and Tyrannicall Government by most pernicious and wicked Counsels Practices Plots and Conspiraces And that the long intermission and unhappy breach of Parliaments hath occasioned many illegall Taxations whereupon the Subject hath been prosecuted and grieved And that divers Innovations and Superstitions have beene brought into the Church multitudes driven out of His Majesties Dominions Jealousies raised and fomented betwixt the King and His people a Popish Army levied in Ireland and two Armies brought into the bowels of this Kingdome to the hazzard of His Majesties Royall Person the consumption of the Revenues of the Crowne and Treasure of this Kingdome And lastly finding great cause of Jealousie that indeavours have been and are used to bring the English Army into a misunderstanding of this Parliament thereby to incline that Army with force to bring to passe those wicked Counsels Have therefore thought good to joyne our selves in a Declaration of our united affections and
Let every man wipe his heart as he does his eyes when hee would judge of a nice and subtile object The eye if it be pretincted with any colour is vitiated in its discerning Let us take heed of a blood-shotten-eye of Judgement Let every man purge his heart cleare of all passions I know this great and wise body politick can have none but I speak to inviduals from the weaknesse which I finde in my selfe Away with personall animosities away with all flatteries to the people in being the sharper against him because he is odious to them away with all feares lest by the sparing his bloud they may be incenst away with all such considerations as that it is not fit for a Parliament that one accused by it of Treason should escape with life Let not former vehemence of any against him nor feare from thence that he cannot be safe while that man lives be an ingredient in the sentence of any one of us Of all these corruptives of judgement Mr. Speaker I doe before God discharge my self to the uttermost of my power And doe with a cleare Conscience wash my hands of this mans blood by this solemne protestation that my Vote goes not to the taking of the Earle of Straffords life FINIS The Two last SPEECHES of Thomas Wentworth Late Earle of Strafford and Deputy of Ireland His speech in the Tower to the Lords RIght Honourable and the rest you are now come to convey me to my death I am willing to dye which is a thing no more than all our Predecessors have done and a debt that our Posterity must in their due time discharge which since it can be no way avoyded it ought the lesse to be feared for that which is common to all ought not to be intollerable to any It is the Law of Nature the tribute of the flesh a remedie from all worldly cares and troubles and to the truly penitent a perfect path to blessednesse And there is but one death though severall wayes unto it mine is not naturall but inforced by the Law and Iustice it hath been sayd that the Lawes vex only the meaner sort of people but the mighty are able to withstand them it is not so with me for to the Law I submit my self and confesse that I receive nothing but Iustice for he that politikly intendeth good to a Common-weale may be called a just man but he that practiseth either for his own profit or any other sinister ends may be well termed 2 delinquent person neither is delay in punishment any privilege for pardon And moreover I ingenuously confesse with Cicero That the death of the bad is the safety of the good that be alive Let no man trust either in the favour of his Prince the friendship and consanguinity of his Peeres much lesse in his own wisedome and knowledge of which I ingeniously confesse I have been too confident Kings as they are men before God so they are Gods before men and I may say with a great man once in this kingdome Had I strived to obey my God as faithfully as I sought to honour my King fraudulently I had stood and not fallen Most happie and fortunate is that Prince who is as much for his justice feared as for his goodnes beloved For the greater that Princes are in power above other the more they ought in verrue to excell other and such is the royall Soveraign whom I late served For my Peeres the correspondence that I had with them during my prosperity was to me very delightfull and pleasing and here they have commiserated my ruine I have plentifully found who for the most generous of them I may boldly say though they have detested the fact yet they have pitied the person delinquent the first in their loyaltie the last in their charitie ingenuously confessing that never any Subject or Peere of my rank had ever that help of Counsell that benefit of time or a more free and legall tryall than I have had of the like to which none of my Predecessors hath had so much favor from his Prince so much sufferance from the people in which I comprehend the understanding Commons not the many headed monster Multitude but I have offended and sentenced and must now suffer me And for my too much confidence in my supposed wisdome and knowledge therein have been the most deceived For he that is wise to himself and knowes by others faults to correct his own offences to be truly wise is to be Secretaries to our selves for it is meere folly to reveale and intimate thoughts to strangers wisdome is the most precious Gem with which the minde can be adorned and learning the most famous thing for which a man ought to be esteemed and true wisedome teacheth us to do well as to speak well in the first I have failed for the wisedome of man in foolishnesse with God For knowledge it is a thing indifferent both to good and evill but the best knowledge is for a man to know himself he that doth so shall esteem of himself but little for he considereth from whence he came and whereto he must he regardeth not the vain pleasures of this life he exaiteth God and strives to live in his fear but he that knoweth not himself is wilfull in his own wayes unprofitable in his life unfortunate in his death and so am I. But the reason why I sought to attain unto it was this I have read that he thâ—t knoweth not that which he ought to know is a bruit beast amongst men he that knoweth more then he ought to know is a man amongst beasts but he that knoweth all that may be known is a God amongst men To this I much aspired in this I much failed Vanitie of Vanities all is but vanity I have heard the people clamour and cry out saying That through my occasion the times are bad I wish that when I am dead they may prove better most true it is that there is at this time a great storm in ending God in his mercie avert it And since it is my particular lot lik Jonab to be cast into the sea I shall think my life well spent to appease Gods wrath and satisfie the peoples malice O what is eloquence more than air fashioned with an articulate and distinct sound when it is a speciall vertue to speak little and well and silence is oft the best oratory for sools in their dumbnesse may be accounted wise It hath power to make a good matter seem bad and a bad cause appear good but mine was to me unprofitable and like the Cypresse trees which are great and tall but altogether without fruit What is honour but the first step to disquietnesse and power is still waited on by envy neither hath it any priviledge against infamy It is held to be the chiefe part of honour for a man to joyn to his office and calling courtesie and affability commiseration and pity for thereby he draweth to
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
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
Petitioners do most heartily bemone that his Maiesties services and profits are much more impaired than advanced by the grievances aforesaid And the Subsidies granted in the last Parliament having much increased his Maiesties Revenue by the buying in of Grants and otherwise and that all his Maiesties debts then due in this Kingdome were satisfied out of the sayd Subsidies and yet his Maiesty is of late as your Petitioners have beene inform'd in the House of Commons become indebted in this Kingdome in great sums and they do therefore humbly beseech that an exact account may be sent to his Maiesty how and in what manner his treasure issued XII Twelfthly the Petitioners do humbly coâ—ceive great and iust fears at a Proclamation published in this Kingdome in Anno Dom. 1635. prohibiting men of quality or estate for to depart this Kingdome into England without the Lord Deputies License whereby the Subiects of this Kingdome are hindered and interrupted from free accesse and addresse to his sacred Maiesty and Privie Counsell of England to declare their iust grievances or to obtaine remedie for them in such sort as their Ancestors have done in all ages since the Reigne of King Henry the second and great Fees exacted for every of the said Licenses XIII Thirteenthly that of late his Maiesties late Attourny generall hath exhibited informations against many ancient Burroughs of this Kingdome into his Mai sties Court of Exchequer to shew by what warrant the sayd Burroughes who heretofore sent Burgesses to the Parliament should send the sayd Burgesses to the Parliament And thereupon for want of an answer the sayd Priviledge of sending Burgesses was seized by the sayd Court which proceedings were altogether Coram non Judice and contrary to the Lawes and Priviledges of the House of Parliament and if way should be given thereunto might tend to the subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth and that the House of Commons hath hitherto in this present Parliament bin deprived of the advice and Counsell of many profitable and good members by means thereof XIV Fourteenthly that by the powerfulnesse of some ministers of State in this Kingdome the Parliament in its members and actions hath not his naturall freedome XV. Fifteenthly that the fees taken in all the Courts of Iustice in this Kingdome both Ecclesiasticall and Civill and by other inferiour Officers and Ministers are so immoderately high that it is an unspeakable burthen to all his Maiesties Subiects of this who are not able to subsist except the same be speedily remedied and reduced to such a moderation as may stand with the condition of this Realme And lastly That the Gentry Merchants and other his Maiesties Subiects of this Kingdome are of late by the grievances and pressures aforesayd and other the like very neere to ruine and destruction And Farmers of Customes Customers Waiters Searchers Clearks of unwarrentable proceedings Pursevants and Gaolers and sundry others very much inriched whereby and by the slow redresse of the Petitioners grievances his Maiesties most faithfull and dutifull people of this Kingdome do conceive great feares that their readinesse approved upon all occasions hath not been of late rightly represented to his Maiesty For Remedy whereof the said Petitioners do humbly and of Right beseech your Lordship that the grievances and pressures may be speedily redressed And if your Lordship shall not think sit to afford us present relief therein that your Lordship may admit a select Committee of this House of persons un interessed in the benefit arising the aforesaid grievances to be licensed by your Lordship to repaire to his sacred Maiesty in England for to pursue the same and to obtain fitting Remedies for their aforesaid and other iust grievances and oppressions and upon all iust and honorable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their utmost indeavours to serve his Maiesty and comply with his Royall and Princely occasions And shall pray c. A Speech against the Judges per Ignotum quendam Mr. Speaker IT was a custome among the Romans who as by their power they once gave laws so by the happy successe of their long flourishing Government might they well give examples to all the world that in their Senates the yongest men spake first partly that they might not have their weaker notions anticipated by the more knowing Senators And partly that the Senate might not be diverted from the mature resolutions of the more ancient by the interposition of the younger men They as all free States ever allowing free members to expresse themselves according to their severall capacities And me thinks 't was a happy Method So your opinions and inclinations of the Assembly being discovered and ripened to resolution by such gradations the sentences of the Sages sounded as Iudgements not orations their wisedome and gravity put a seasonable Period to others perhaps otherwise endlesse discourses Their precedent encourges me who worst may to break the Ice Children can lay their fingers on the Sore point out their pain and Infant Graduates in Parliament may groan out the grievances of a diseased Common-wealth but they must be Doctors in the Art of Government that can apply apt remedies to recover it Mr. Speaker Ancient and approved hath been that parallell of the body politique with the body naturall 'T is the part of their Patients in either distempered to impart freely their griefs to the Physitians of the body or state if they expect a cure This Common-wealth is or should be but one body This house the great Physitian of all our maladies and alas Mr. Speaker of what afflicted part shall we poor Patients complain first Or rather of what shall we not complain Are we not heart-sick Is there in us that which God requires unity purity and singulari y of heart Nay is not Religion the soul of this body so miserably distracted that I speak it with terrour of heart 't is to be feared there is more confusion of religions amongst us then there was of tongues at the subversion of Babell And is it not then high time that we understand one another that we were reduc'd to one Faith one Government Sir Is the Head whole The sear of Government and Justice the Fountain from whose sweet influence all the inferiour members of this body should receive both vigour and motion Nay hath not rather a generall Apoplexy or Palsie taken oâ—shaken all our members Are not some dead Others buried quick Some dismembred all disordered by the diversion of the course of Justice Is the Liver Natures Exchequer open from whose free distribution each limb may receive his proper Nutriment or rather is it not wholly obstructed Our property taken from us So that it may properly be said of us Sic vos non vobis fertis aratra our Ancestors drunk the juyce of their own Vines reap'd and eat the fruit
head should swell too great and monstrous It may be easily thought for Monarchy againe may sooner groan under the weight of an Aristocracie as it once did then under Democracie which it never yet either felt or fear'd Sir John Hollands Speech in Parliament 1640. Mr. Speaker THe time of actions are not for rethorick and elocution which emboldens me to rise And though I must acknowledge my selfe to be one of the yongest Schollers and meanest proficients in this great Schâ—ole of wisedome yet I conceive it a great part of my duty at this time both to deliver my suit and conscience We are called hither Master Speaker by the Royall power we sit here by the Kings Majesties grace and favour and since his Majesty hath beene graciously pleased to leave the government of all in our hands I doubt not but we shall lay such a foundation in the beginning of this Parliament that we shall make it a happy Age a long lasting one since the dangers of these times the present distempers of this State and therein both his Majestie and our necessities yea and the whole Kingdomes safety do require it We are called now Master Speaker as I conceive from the reports you have made of his Majesties gracious Declaration for foure principall causes First for supply of his Majesties wants Secondly for the relief of our Brethren in the Northern parts Thirdly for the remove of the Scots forces Fourthly for redresse of ourowne grievances That his Majesties wants are great and many Master Speaker I thinke there is no man doubts it and it is as cerâ—ain out grievances are so to they are great and many both in Church and Common-wealth I shall but touch them in either since they have been so fully remonstrated in both First in the Church by the usurping power of some Prelates and their adherents by which means many great dangers innovations of doctrines of discipline of government have been thrust upon us Secondly in the Church by publique sufferances of Priests and Jesuits not only to come into the land by which means the number of Romish Catholiks are dangerously multiplied Idolatry increased and Gods heavie judgements highly provoked Thirdly in the Common-wealth by the late inundations of the Prerogative Royall which have broken out and almost overturned all our liberties even those which have been best and strongest fortified the Grand Chartea it self Mr. Speaker that which hath been so oft so solemnly confirmed in the Succession of so many Princes ratified in his Majesties name founded by the wisedome of former ages purposely to keepe the beame over and between Soveraignty Even this Master Speaker the dearest and chiefest part of our inheritance hath been infringed broken and set at nought in the Common-wealth by the over-potencie of some faire great ones sacred Councellors of State by whose advices it is thought the greatest part of these present distempers under which the body of this Common-wealth at this time labours doe deprive their originalls Fourthly in the Common-wealth by the mischievous practises and policies of some subtill Projectors and under the title of the Kings profit and the publique good they have entitled themselves to great and vast estates and that by the dammage of the whole Kingdome They are Master Speaker the very moths and cankers that have fretten and eaten out all Trade and commerce the very beauty strength and health of this famous Island In the Common-wealth by the entertainment of Forraigners and strangers and that at his Majesties excessive charge by which means his Majesties Coffers are emptied his Revenues shortned and the whole Kingdome many other wayes oppressed But Master Speaker I shall not trouble my selfe any further in so vast so large a field I shall now represent my owne weak apprehensions for our progressions in all the particulars for which we have been called and in all humility submit unto them First of supply in his Majesties wants I do humbly desire we may proceed there within its due time and that with as much loyall dutie and liberality as ever any people expressed towards their Prince I think I may say the present affairs of the Kingdome require it For the reliefe of our Brethren in the Northern parts with a sense of charity and fellow feeling of the miseries afflictions and losses In the removing of the Scottish Armie with a soft and gentle hand of mediation purification and reconciliation if possible it may be wrought with his Majesties honor and the Kingdomes safety if not then to repell and repulse them with stout and resolute spirits with valiant and united hearts and hands such as shall best suite with our duty to God our King our Country such as shall best become his honor and ancient renowne of this English Nation In redresse of our grievances in those of the Church which ought to have priority in our consultation as well in respect of necessity as dignity In these Master Speaker I do humbly desire and doubt not but we shall proceed with all true piety and well grounded on each guiding Helve towards Gods House and his truth In those of the Communalty with a religious care of our Countries freedom in the faithfull performance of the trust reposed in us by them that sent us in the preservation of our rights our ancient rights the rights of our inheritance our liberties our priviledges our properties Yet in all Mr. Speaker I do humbly desire we may proceed as best suiting the matter and condition of these distempered times or as best becoming the honour dignity and wisedom of this so great a Court so great Councell with all temper modesty and all due moderation SIR EDWARD HALE HIS SPEECH Mr. Speaker HIs Majesty hath been graciously pleased to call us together again to consider freely of all matters of grievances both of this Church and Common-wealth of England and for to be assistants in our Counsels and helps unto him about the Scottish Nation that forceably have entred into our Kingdom so as they may be ordered into their own Country or chased away out of this without any dishonour to the Kings Majesty and this Kingdome all which matters are of great importance moment and consequence and will crave great consideration and debating in our best wills wisedoms and discretions and that must be freely to give us leave First therefore under your favour I do conceive it fit to make this a happy Parliament to begin at home For better it were the Scots come unto us than the devill should raise his Army to overthrow us both in Church and Common-wealth For it is too plaâ—â—â— he is come with great power and his malice is great and his policy strong put into the heads of the Papists no mean ones and Prelates Schismaticks and Atheists in severall Bands which hath and seeketh to prevail so much by their severall designes Carefully lovingly and dutifully mentioned and rightly too by the Lords Petition at York and by a Petition of
the Citizens at London and also by a Petition of worthy Gentlemens sons Apprentices thereof so reputed to be All which show the whole estate of our Church and Common-wealth to be grievously diseased of a Plurisie and must have a present and good cure or else England is overthrown which is the mother and Almoner of the Kings well-fare and his posterity Which disease the King not fearing nor knowing he had some ill counsell to let it run so farre in jeopardy of trouble and distresse And herein give me leave to tell you the story of Noah a King in the the Ark yet after he was over-shot and taken by the Vines of his own planting and brought himself to some dishonour thereby as some use our English Kings heretofore have done by their favourites untill they saw it and this is it that made the Papists and Prelates rejoyce in their own wisedom and honour like Chams that saw his father so deceived but such deserve a curse for it both of God and man in respect of the matters contained in the foresaid Petitions of our English Lords as also for that the former Parliament might have settled all things in quiet enriched the Kings Coffers enabled to withstand all powerfull pretences and no doubt but to have qualified the humour of the Scots to all our contents Therefore these deserve the curse of Cham that were movers and stoppers and hinderers of it When things might have been composed convenient without warre or strife and not upon so extreme necessity which is now brought upon us and maketh the Scots proverb in use necessity hath no 〈◊〉 for their defence But now our Proverb is drawn frâ—â— thence we must make a vertue of necessity a hard case for a good take heed and counsell For since the plot of an after intended warre had an ill policy that would wrong good Noah their father and his children in such a manner of proceeding and then in glory and defence of it against this House of Commons cause a booke to be published against our proceedings these men which were the cause of publishing of it are fit to publish 't as Noahs cursed son Cham shamelesse And we for our parts in the House of Commons together with the higher House of Lords I hope will not so leave them but be rejecters of them as good Shem and Japheth acknowledging them to be vain members that go about to supplant our wrong the Vineyard our just King and his Kingdom Now therefore consider the former it shall be fit before we enter upon conference to be strengthened and enabled for discharge of our well meaning both to our King and Country answerable to his late speech to gain and obtain his free love consent power on these three points and cautions handled and moved the last meeting First free liberty of speech Secondly each ones right to our selves Thirdly for reformation of Religion And these things granted to proceed freely without delay of time or matters to the cure of such deadly diseases if they be let alone First I would conceive under favour of bette judgements to begin with Sathans Roots of evill viz. All Papists because they are of the most dangerous seed of the Serpent to the hurt of the Church and Common-wealth herein that we agree with a generall consent of Parliament to search see and finde out all the Jesuits Priests Friars Cappuchines and all such Romish factions and by order to all the Justices of Peace in England to imprison them or to send them all to some out-Townes to banish them all out of the Land speedily while you be in other Councell here sitting and thence to ship them away at their owne chages and upon good bonds and security that they never return into England Scotland or Ireland and if they should both the bonds and the Lawes to be executed upon them And for other long Inhabitants Papist and Recusants such as may seeme honest Subjects only for Religion the old orders and Statutes to be put in execution without the abatement of the penalties till they shall conforme to our Religion and if any have wincked or underhand compounded for the time past to be punished and made pay so much unto the Kings Cofers as justly due by the Statute ever since King Charles his Raigne The first course and Act of Parliament being speedily put in execution whilest we sit here will not only excuse the pretended charity that Papists hope for from the King and Queen but will also manifest the true piety against their heresies for ever and will be a good satisfaction to the Scots which make these one of the chiefest intents and causes of their comming into this Kingdome which we wish they had no worse intents and sure it will be a means to try their intents and our owne too and then we have hope to entreat the Scots to stay our leisures Sir John Wray his Speech touching the Canons the 15. of December 1640. Mr. Speaker A Man may easily see to what tend all these innovations and alterations in Doctrine and Discipline and without perspect time discover a farre off the active toylsomenesse of these spirituall Ingineeres to undermine the old and true foundation of Religion and establish their tottering heresie in Rome thereof which least it should not hold being built with untempered morter You see how carefull they are by a past oath to force mens consciences not to alter their government Archiepiscopall And Master Speaker the thoughts of the righteous are right but the counsells of the wicked are deceits and nothing else in their hearts but destructions and devastations but to the counsellors of peace is joy so long as they kept themselves within the circle of the spirituall commerce and studied to keepe mens hearts upright to God and his Truth there was no such complaining in our Streets of them nor had we never seene so many thousand hands against them as now there are come in And no marvell though God withdrawes so many hearts and hands from them who had turned so many out of the way of truth vita tuta they have stopt up but via devia they have enlarged and layd open as appears by their crooked Canons Master Speaker I shall not goe about to overthrow their government in the plurall but to limit it and qualifie it in some particulars For Sir Francis Bacon long since well observed there two things in the government of Bishops of which he could never be satisfied no more can I the first was the sole exercises of the authorities And secondly by the deputation of that authority But Master Speaker I shall not now dispute of either for mine own part Master Speaker I love some of them so well and am so charitable to the rest that I wish rather their reformation then their ruine But let me tell you withall that if we should finde amongst them any proud Becket or Wolsey Prelates who stick not to write
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
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
is who not only gave away with his breath what our Ancestors had purchased for us by so large an expence of their time their care their treasure and their blood and imployed their industry as great as his injustice to perswade others to joyne with him in that deed of gift but strove to root up those liberties which they had cut downe and to make our grievances immortall and our slavery irreparable lest any part of our posterity might want occasion to curse him He declared that power to be so inherent to the Crowne as that it was not in the power even of Parliaments to divide them I have heard Mr. Speaker and I thinke here that common Fame is ground enough for this House to accuse upon And then undoubtedly enough to be accused upon in this House She hath reported this so generally that I expect not that you should bid me name him whom you all know nor doe I looke to tell you newes when I tell you it is my Lord Keeper But this I think sit to put you in minde That his place admits him to his Majestie and trusts him with his Majesties conscience and how pernicious every moment whilst one gives him means to infuse such unjust opinions of this House as are exprest in a Libell rather then a Declaration of which many believe him to be the principall Secretary and th' other puts the vaste and most unlimited power of the Chauncery into his hands the safest of which will be dangerous for my part I thinke no man secure that he shall thinke himselfe worth any thing when he rises whilst all our estates are in his breast who hath sacrificed his Countrey to his ambition whilst hee who hath prostracted his owne conscience hath the keeping of the Kings and he who hath undone us already by whole-sale hath a power left in him by retaile Mr. Speaker in the beginning of the Parliament he told us and I am confident every man here believes it before he told it and never the more for his telling though a sorry witnesse is a good testimony against himselfe That his Majestie never required any thing from any his Ministers but Justice and Integrity Against which if any of them have transgrest upon their heads and that deservedly it ought to fall It was full and truly but he hath in this saying pronounced his owne condemnation we shall be more partiall to him then he is to himself if we be slow to pursue it It is therefore my just and humble motion That wee may chuse a select Committee to draw up his and their charge and to examine their carriage in this particular to make use of it in the charge and if he shall be found guilty of tampering with Judges against the publike security who thought tampering with witnesses in a private cause worthy of so great a Fine if he shall be found to have gone before the rest to this Judgement and to have gone beyond the rest in this Judgement that in the punishment for it the Justice of this House may not denie him the due honor both to preceed and exceed the rest Sir JOHN CULPEPPERS Speech in the Commons House of Parliament 9o. Novemb. 1640. Mr. SPEAKER I stand not up with a Petition in my hand I have it in my mouth and have it in charge from them that sent me hither humbly to present to the consideration of this House the grievances of the County of Kent I shall only summe them up they are these First the great increase of Papists by the remisse execution of those lawes which were made to suppresse them the life of the law is execution without this they become a dead letter this is wanting and a great grievance The second is the obtruding and countenancing of divers new Ceremonies in matters of Religion as placing the Communion Table Altar-wise and bowing or cringing to or towards it the refusing of the holy Sacrament to such as refuse to come to the Rayles These carry with them some scandall and much offence The third is Military charges and therein first that of Coate and Conduct money required as a loane pressed as a due in each respect equally a grievance The second is the enhancing the price of Powder whereby the Trayned Bands are much discouraged in their exercising howsoever this may appeare prima facie upon due examination it will appeare a great grievance The third is more particular to our County It is this The last Summer was twelvemonth 1000. of our best Arms were taken from the owners and sent into Scotland The compulsary way was this If you will not send your Arms you shall goe your selves M. Speaker the trayned Band is a Militia of great strength and honor without charges to the King and deserves all due encouragement The fourth is the Canons I assigne these to bee a grievance First in respect of the matter besides the c. Oath Secondly in respect of the makers they were chosen to serve in a Convocation that falling with the Parliament the Scene was altered The same men without any new election shufled into a sacred Synod Thirdly in respect of the consequence which in this age when the second ill president becomes a Law is full of danger The Clergy without confirmation of a Parliament have assumed unto themselves power to make Lawes to grant Reliefe by the name of benevolence and to intermeddle with our free-hold by suspensions and deprivation This is a grievance of a high nature The next grievance is the Ship-money This cries aloud I may say I hope without offence This strikes the first born of every family I meane our inheritance If the Lawes give the king power in any danger of the kingdom whereof hee is Judge to impose what and when hee please wee owe all that is left to the goodnesse of the King not to the Law M. Speaker this makes the Farmors faint and the Plough to goe heavy The next is the great decay of cloathing and fall of our woolls These are the golden Mines of England which gives a foundation to that trade which we drive with all the World I know there are many starres concurre in this constellation I will not trouble you with more than one cause of it which I dare affirme to be the greatest It is the great customes and impositions laid upon our Cloath and new Draperies I speak not this with a wish to lessen the King revenews so it be done by Parliament I shall give my voice to lay more charge upon the superfluities due regard being had to trade which we import from all other Nations sure I am that those impositions upon our native commodities are dangerous give liberty to our neighbours to under-sell And I take it for a rule that besides our losse in trade which is five times as much as the King receiveth what is imposed upon our Cloaths this it taken from the rent of our lands I have but one grievance
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
Inhabitants are reduced to great poverty and many of them forced to forsake the Countrey the same beeing the first and most usefull Plantation in the large Province of that Ulster to the great weakning of the Kingdome in in this time of danger the said plantation being the principall strength of those parts 9. The late erection of the Court of high Commission for causes Ecclesiasticall in those necessitous times the proceedings of the said Court in many causes without legal warrant and yet so supported as prohibitions have not been obtained though legally sought for And the excessive fees exacted by the Ministers thereof and the encroaching of the same upon the jurisdiction of other Ecclesiasticall Courts of this Kingdome 10. The exorbitant fees and pretended Customes exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners doe most heartily bemone that his Majesties service and profit are much more impaired then advanced by the grievances aforesaid the Subsidies graunted in the last Parliament having much increased his Majesties revenue by the buying of graunts and otherwise and that all his Majesties debts then due in this Kingdome were satisfied out of the said Subsidies and yet his Majesty is of late as the petitioners have been informed in the house of Commons become indepted in this Kingdome in great somes And they doe therefore humbly beseech that an exact accompt may bee sent to his Majesty how and in what manner his treasure issued 12. The Petitioners doe humbly conceive just and great feares at a Proclamation published in this Kingdome in Anno Domini 1635. Prohibiting men of quality or estates to depart this Kingdome into England without the Lord Deputies Licence wherein the Subjects of this Kingdome are hindered and interrupted from free accesse to addres to his sacred Majesty and privie Counsell of England to declare their just grievances or to obtaine remedies for them in such fort as their Ancestors have done in all ages since the Reigne of King Henry the second and great fees exacted for every of the said Licenses 13. That of late his Majesties late Atourney generall hath exhibited Informations against many Boroughs of this Kingdome into his Majesties Court of Exchequer to shew cause by what warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an answere the said priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Iudice and contrary to the lawes and priviledges of the house of Parliament and if way should be given thereunto would tend to the subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the house of Commons hath hitherto in this present Parliament been deprived of the advice and Counsell of many profitable and good members by means thereof 14. By the powerfulnesse of some Ministers of state in this Kingdome the Parliament in its members and actions hath not his naturall freedome 15. And lastly that the Gentry and Merchants and other his Majesties Subjects of this Kingdome are of late by the grievances and pressures before said other the like brought very neere to ruine and destruction And Farmers of Customes Customers Waiters Searchers Clarkes of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow redress of the petitioners his Majesties most faithfull and dutifull people of this Kingdome doe conceive great feares that their readinesse approved upon all occasions hath not beene of latere presented to his sacred Majesty For remedy whereof the said Petitioners doe humbly and of right beseech your Lordship that the said grievances and pressures may bee speedily redressed and if your Lordship shall not thinke fit to afford present reliefe that your Lordship might admit a select Committee of this house of Persons uninteressed in the benefit a rising of the aforesaid grievances to be licensed by your Lordship to repaire to his sacred Majesty in England for to pursue the same and to obtaine fitting remedy for their aforesaid and other just grievances and expressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve his Majesty and comply with his royall and princely occasions And shal pray c. Mr. Secretarie Windebancks Charge in Parliament 7. December 1640. 1 SEventie fower Letters of grace to Recusants within this fowr yeares signed with his owne hands 2. Sixtie foure Priests discharged from the Gatehouse at Westminster within these 4. years and for the most part by him 3. Twenty nine discharged by a verball warrent from him 4. Awarrant to protect one Musket a condemned Priest and alâ— the houses he frequented 5. One committed by the Kings own hand and discharged by him without signifying the Kings pleasure 6. The Retition of the parish of St. Gyles in the fields to the King of the increase of Poperie and that 21. were turned by two Priests Mosse and Souther which being committed were suddenly discharged by Secretary Windebanck A message from the House of Commons to his Majesty 15. December 1640 Mr. Treasurer IS intreated from this house to acquaint his Majesty with the great care and affection of the house to advance and settle his Majesties Revenue and for that purpose we humbly desire his Majesty will give us leave to enter into debate of his revenue and his expence His Majesties answere thereto by Mr. Treasurer HIs Majesty being by me acquainted with the great care and affection of the house of Commons to advance and settle his Maiesties Revenew doth very graciously interpret the same and hath commanded me to give the House thankes for it in his name and his Majesty doth give the House free leave to enter into debate of his Revenews and Expences as is desired and hath given order that all his Officers and Ministers from time to time shall assist the House therein as there shall be occasion Vote concerning the Cannons in the House of Commons 15. Decem. 1640. THat the Clergy of England Convented in any Convocation or Synod or otherwise have no power to make any Constitutions Cannons or Acts whatsoever in matter of Doctrine or otherwise to bind the Clergy or Laity of this Land without the Commons consent of Parliament That the severall Constitutions and Cannons Ecclesiasticall Treated upon by the Arch-bishop of Canterbury and Yorke Presidents of the Convocation for the respective Provinces of Canterbury and Yorke and the rest of the Bishops and Clergy of these Provinces and agreed upon by the Kings Maiestics lycence in their several Synods began at London and York 1640. do not bind the Clergy or Laity of this Land or either of them An Order concerning Monopolers 19. November 1640. JT is ordered that upon
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
be so divided as to breake in peeces Mr. Speaker God knows the divisions of great Brittain have halfe untwisted our long Union and I feare that God is angry with our Nationall lukewarme temper The zeale of his house hath not kindled that flame in our hearts which our seeming good actions have blown abroad much like the walking of a Ghost or livelesse body which affrights many but pleaseth no beholder Omnia honesta opera voluntas inchoat It is the heart or will which gives the beginning to every good action and I hope our constant resolutions will be to settle religion in his splendor and purity by pulling Dagon from the Altar and whipping the Buyers and Sellers out of the Temple Pars prima bonitatis est velle fieribonum The first part of goodnesse is to have the will of being good God knows all our hearts and takes notice of our inward resolutions and for what ends we come hither if to propagate and advance his glory and Gospel blessed shall this Parliament and Nation be and then most happy we whose God is the Lord all things shall work together for our good For Mr. Speaker he that turns the hearts of Kings like the rivers of waters will make the King and his kingdomes all of one mind Long live King Charles the Great and his numerous Royall Issue to defend the true faith which will protect and keep him and his safe in his fathers Throne Never King gave more full content to his people than his Majesty now hath done and I hope never subjects came with better hearts and affections to their King and Countrey then we doe let it then appeare M. Speaker by our outward actions and practise that our inward obedience both of heart and hand is true loyall and currant coyn not false nor counterfeit for Nemo veraciter dicit volo qui non facit illud quod potest no man truly saies I am in will and heart resolved unlesse according to his ability he endeavor to perform his resolution which to speak the hearts of us all in this renowned Senate I am confident is fully fixed upon the true reformation of all disorders innovations in Church or religion and upon the well uniting and close rejonting of the now dis-located great Brittaine For let me tell you Mr. Speaker that God be thanked it is but out of joynt and may be yet well set by the skilfull Chirurgions of this Honorable House to whose loving and Christian care and to whose tender and upright hands I leave it onely with this Aviso let brotherly love continue and be constant and of good courage for the keeper of Israel who neither slumbers nor sleeps who delivered us from Romes November powder-blast will no doubt still preserve his Annoynted our gracious King and us his loyall Subjects from all dangers of fire or sword For Si Deus nobiscum quis contra nos Upon the Scotch Treaty January 21. 1640. Mr. Speaker THere is no malady more destructive to the naturall or politick body than the mal Caduque or falling sicknesse nor is there any Physitian or compound more to be esteemed than that which can cure it in either M. Speaker this unknown remedy if we be wise to apply it and take the receipt with all the ingredients without any scruple of distast I am confident the recovery will be perfect and the whole body of great Britaine safe and sound Mr. Speaker the happy Union of Scotland and England hath thus long ever since flourished in interchangeable blessings of plenty and mutuall love and friendship But of late by what fatall disasters and dark underminings we are divided and severed into Scotish and English Armies let their well composed preambles speake for mee which I wish were printed as an excellent embleme of brotherly love that discovers who hath wounded us both and how each should strive to help the other in distresse seeing their and our Religion and Lawes lie both at stake together Thinke of it what you will Noble Senate their subsistence is ours we live or die rise or fall together Let us then finde out the Boutefaux of this Prelaticall warr and make them to pay the shot for their labour who no doubt long for nothing more than that we should breake with them who worship but one God and serve but one Master with us Nor need we feare that they intend to dispossesse the English of their inheritance or freehold being ready to withdraw their forces upon reasonable terms referring their demands of reparation for losses to the justice and courtesie of this House which I assure my self will give both a bountifull cheerfull and speedy supply in this case of necessity for Bis dat qui citò dat is the best motto or motion at this time Upon the Impeachment of the Lord Strafford and Canterbury c. February 26. 1640. Mr. Speaker I Take it we have now sate in this great Councell 15. or 16. weeks a longer time than any Parliament hath done these many yeers God hath given us a faire and blessed opportunity if we lay hold of it and call to minde the best Motto for a Parliament which is Non quam diu sed quà m benè Mr. Speaker We have had thus long under our Feathers many Estriges Egges which as some observe are longest in hatching but once hatched can digest Iron and we have many Irons in the fire and have hammered some upon the anvill of justice into nayles but we have not struck one stroak with the right hammer nor riveted one nayle to the head Mr. Speaker God forbid we should be cruell or vindicative to any but let us take heed we be not so to our selves and them the sent us if we doe not mend our pace and so run as we may obtaine Mr. Speaker I hope we shall make good the work we have undertaken and win that prize and goale we aime at else if we faile in this our pursuit of justice it is time to look about us for then I feare that we our selves shall hardly scape scot-free It will not be our fixe Subsidies that will help us unlesse we be good husbands and cut off all superfluous charges disband all needlesse Armies and dis-arme all Papists and banish all Priests and Jesuits and then we shall thrive and prosper Provided alwayes that we deny our selves and trust not too much in the arme of flesh but be carefull to preserve brotherly love and concord lest discord and faction break divide and ruine us but I hope God will make us all of one minde and one publick spirit that as we are descended from that ancient and noble English quiver we may prove our selves a right sheafe of English Arrows well united well feathered and sharply piled for publick use stoutly to defend and preserve the publick good and safety of this famous Iland of great Britaine and that is my humble prayer and motion Upon the Straffordian knot March 10.
for its owne defence against those be they Peeres or people that have abused it If we examine the Law well it will tell us what hath beene the reward of such ambitious men as have Monopolized and abused the Kings Authoritie what have beene the punishment of such as have betrayed the well meaning Subject to the Kings displeasure and his Princes Councell to his enemies what doe they deserve who have raised mountaines of Monopolies heapes of impositions oceans of grievances what have been the punishment of such as have belied Justice and their conscience and have made truth and honesty our of fashion And lastly If no penaltie be found for these sure there is some for such as have so disguised Religion in fantasticke dresses that Heaven andearth cannot be but angrie to see it and in their politique pride have beene so long moulding a new State and a new old Church for their owne advantage till they have by their too much order put all out of frame and made us objects of pitie and themselves of hate What if for these innovations we innovate an examplary punishment These are the ground-works of our miseries and surely Mr. Speaker there are too many of all these sorts which like envious clouds hinders us from â—he gracious shine our Sun intends us therefore for his great r lustre and our more assured comfort let us endeavour to remove these interposers that he may more freely see into his peoples bosomes and reade in their hearts firme characters of loyaltie and glad obedience which the practices of these later times have endeavoured to obliterate but in vaine I shall not dare to borrow one minute of you more but I shall alreadie end though I have just now begun If we consider the just extent of our grievances the deep search of which wound I leave to you better abilities and I beseech you think not that I sigh out these complaints undertaking to instruct the grave Councell of this great Assembly my infant advice presumes not to reach so high It is but to let you see how much the slightest parts of this abused Common-wealth is not only made sensible of our wrongs but what we feele is farre exceeded by the numberlesse number of our just feares which should have before this time utterly distracted us had not our great Phisition now at length applied his soveraigne remedie to keep up our fainting hopes by which we must either stand or fall Master Pyms Speech in PARLIAMENT 1640. THe distempers of this Kingdome are well knowne they need not repetition For though we have good Lawes yet they want their execution or if they are executed it is in a wrong sence I shall endeavour to apply a remedie to the breaches that are made and to that end I shall discover first the qualitie of the disease First There is a designe to alter Law and Religion the parties that effect this are Papists who are obliged by a maxime in their doctrine that they are not onely bound to maintaine their Religion but also to extirpate all others The second is their Hierarchie which cannot amount to the height they ayme at without a breach of our Law To which their Religion necessarily ioynes that if the one stands the other must fall Thirdly Agents and Pensioners to forraigne States who see we cannot comply to them if we maintaine our Religion established which is contrary to theirs here they intend chiefly the Spanish white gold works which are of most effect Fourthly Favourites such as for promotion prize not conscience and such are our Judges spirituall and temporall such are also some of our Councellors of State All these though severed yet in their contrivements they ayme at one end and to this they walke on four feet First discountenancing of Preachers and vertuous men they persecute under the law of purity Secondly Countenancing of Preachers of contrary dispositions Thirdly The negotiating with the faction of Rome by Preaching and to instructions to Preach of the absolute Monarchie of Kings Here follow severall Heads First The politicall interpretation of the Law to serve their turnes and thus to impose taxes with a colour of Law a Judge sayd it when a babe is corpus was payd for Secondly By keeping the King in continuall want that he may seeke to their counsells for r liefe to this purpose to keepe the Parliaments in distaste that their counsells may be taken The King by them is brought to this as a woman that used her selfe to poyson could not live with good meate Search the Chronicles and we see no King that ever used Parliaments was brought to this want Thirdly Arbitrary proceedings in Courts of Justice we have all Law left to the conscience of a single man All Courts are now Courts of conscience without conscience Fourthly Plotters to inforce a war between Scotland and us that when we had well wearied one another we might be both brought to what scorn they pleased The pertition wall is only unity Fiftly The suddaine dissolving of Parliaments and punishing of Parliament men all to affright us from speaking what we thinke One was committed for not delivering up the Petitions of the House then a declaration which slandered our Proceedings as full of lyes as leaves who would have the first ground to be our example And Papists are under appearance to the King his best Subjects for they contibute money to the War which the Protestants will not do Sixthly Another is Military by getting places of importance into the Papists hands as who are Commanders in the last Armie but they none more strong in Armes then they to whom their Armour is delivered contrary to the Statute Their endeavour is to bring in strangers to be Billited upon us we have had no accompt of the Spanish Navie and now our fear is from Ireland Lastly The next is Papisticall that proceeds of Agents here in London by whose desires many Monasteries and Nunneries here in London were erected Sir Thomas Baringtons Speech in Parliament 1640. My Lords WE have of late entred into consideration of the Petition of Right and the relation of it and upon good reason for it concernes our goods liberties and lives But there is a Right of higher nature that preserved for us farre greater things eternall life our soules yea our God himselfe a Religion derived to us from the King of Kings conferred to us by the Kings of this Kingdome enacted by Lawes in this place treading downe to us in the bloud of the Martyes and witnessed from Heaven by miracles even miraculous deliverances And this Right in the name of this Nation I this day require and claime that there may be a deepe and serious consideration of the relations of it I desire first that it may be considered what new paintings are layd on the old face of the Whore of Babylon to make the more lovely and to draw so many Suitors to her I desire that it may be considered how the Sea
thee are utterly deleated Many evidences there be in this part of the Communion of the bodily presence of Christ very agreeable to the doctrines taught by his Secretaries which this paper cannot containe They teach us that Christ is received in the Sacrament Corporaliter both objective and subjective Corpus Christi est objectum quod recipitur corpus nostrum subjectum quo recipitur The booke of England abolisheth all that may import the oblation of any unbloudy Sacrifice but here we have besides the Preparatorie oblation of the Elements which is neither to be found in the booke of England now nor in King Edwards booke of old the oblation of the body and bloud of Christ which Bellarmine calleth Sacrificium Laudis quia Deus per illud magnopore laudatur This also agreeth well with their late Doctrine We are ready when it shall be judged convenient and we shall be desired to discover much more matters of this kinde as grounds layd for missa sicca or the halfe masse the private masse without the people of communicating in one kinde Of the consumption by the Priest and consummation of the Sacrifice of receiving the Sacrament in the mouth and not in the hand c. Our Supplications were many against these bookes but Canterbury procured them to be answered with terrible Proclamations We were constrained to use the remedie of Protestation but for our protestations and other lawfull meanes which we used for our deliverance Canterbury procured us to be declared Rebels and Traytors in all the Parish Kirks of England when we were seeking to posseâ—â—e our Religion in peace against these devices and Novations Canterbury kindled warre against us In all these it is knowne that he was though not the sole yet the principall Agent and Adviser When by the pacification at Barwick both Kingdoms looked for peace and quietnesse he spared not openly in the heating of many often before the King and privately at the Councell-Table and the privy Join to to speake of us as Rebels and Traytors and to speak against the pacification as dishonorable and meet to be broken Neither did his malignancie and bitternesse ever suffer him to rest till a new warre was entred upon and all things prepared for our destruction By him was it that our Covenant approven by Nationall Assemblies subscribed by his M. Commissioner and by the Lords of his M. Counsell and by them commanded to be subscribed by all the Subjects of the Kingdome as a testimony of our duty to God and the King by him was it still called ungodly damnable Treasonable by him were oathes invented and pressed upon divers of our poore Country-men upon the pain of imprisonment and many miseries which were unwarrantable by Law and contrary their Nationall oath When our Commissioners did appeare to render the reasons of our demands he spared not in the presence of the King and Committee to raile against our Nationall Assembly as not daring to appeare before the World and Kirks abroad where himselfe and his actions were able to endure tryall and against our just and necessary defence as the most malicious and Treasonable contempt of Monarchiall Government that any bygone Age hath heard of His hand also was at the Warrant for the restraint and imprisonment of our Commissioners sent from the Parliament warranted by the King and seeking the peace of the Kingdomes When we had by our Declarations Remonstrances and Representations manifested the truth of our intentions and lawfulnesse of our actions to all the good Subjects of the Kingdome of England when the late Parliament could not be moved to assist or enter in warre against us maintaing our Religion and liberties Canterbury did not onely advise the breaking up of that high and honorable Court to the great griefe and hazzard of the Kingdome but which is without example did sit still in the Convocation and make Canons and Constitutions against us and our just and necessary defence ordaining under all highest pains that hereafter the Clergie shall preach foure times in he yeare such doctrine as is contrary not only to our proceedings but to the doctrine and proceedings of other reform'd Kirks to the judgement of all sound Divines and politiques and tending to the utter slavery and ruining of all Estates and Kingdomes and to the dishonor of Kings and Monarchs And as if this had not been sufficient he procured six Subsidies to be lifted of the Clergie under pain of deprivation to all that should refuse And which is yet worse and above which malice it self cannot ascend by his means a prayer is framed printed and sent through all the Paroches of England to be sayd in all Churches in time of Divine Service next after the prayer for the Queene and Royall Progeny against our Nation by name of Trayterous Subjects having cast of all obedience to our annointed Soveraign and comming in a rebellious manner to invade England that shame may cover our faces as Enemies to God and the King Whosoever shall impartially examine what hath proceeded from himselfe in these two books of Canons and Common-prayer what Doctrine hath been published and printed these years by-past in England by his Disciples and Emissaries what grosse Poperie in the most materiall points we have found and are readie to shew in the posthume writings of the Prelate of Edinburgh and Damblane his own Creatures his nearest familiars and most willing instruments to advance his counsells and projects sall perceive that his intentions were deep and large against all the reformed Kirks and reformation of Religion which in his Majesties Dominions wes panting and by this time had rendred up the ghost if God had not in a wonderfull way of mercy prevented us and that if the Pope himselfe had been in his place he could not have been more popish nor could he more zealously have negotiated for Rome against the reformed Kirks to reduce them to the Heresies in Doctrine the Superstitions and Idolatry in worship and the Tyranny in Government which are in that Sea and for which the reformed Kirks did seperate from it and come forth of Babel From him certainly hath issued all this deluge which almost hath overturned all We are therefore confident that your Lordships will by your meanes deale affectually with the Parliament that this great firebrand be presently removed from his Majesties presence and that he may be put to triall and put to his deserved censure according to the Lawes of the Kingdome which sall be service to God honor to the King and Parliament terror to the wicked and comfort to all good men and to us in speciall who by his means principally have been put to so many and grievous afflictions wherein we had perished if God had not been with us We do indeed confesse that the Prelates of England have been of very different humors some of them of a more hot and others of them men of a more moderate temper some of them more and some
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