of devises that can sustain the expence of a Monarchy but sound and solid courses for so are the words She followed their a devise and began to reduce the money the moneys to their elder goodnesse stiling this worke in her first Proclamation Anno 30. a famous Act. The next year following Anno 30. having perfected as it after stood She telleth her people by another Edict That She had conquered now that monster that had so long devoured them meaning the variation of the standard And so long as that sad adviser lived She never though often by Projectors importuned could be drawne to any shift or change in her Moneys To avoyd the trouble of permutation Coyners devised as a rule and measure of Marchandize and Manufactaries which if mutable no man can tell either what he hath or what he oweth no contract can be certain and so all commerce both publike and private destroyed and men again enforced to permutation with things not subject to will and fraud The Regulating of Coyn hath been left to the care of Princes who have ever beene presumed to be the Fathers of the Common-wealth upon their honors they are debtors and warrants to the subjects in that behalfe They cannot saith Bodin alter the price of moneys to the preiudice of the subiect without incurring the reproach of Faux moneyars And therefore stories terme Phillip le Belle falsificator de monet omnino monet integritas debet quaeri ubi vultiis noster Imprimatur said Theodoret the Goth to his Mint-master Quidnam erit tutum si nostra peccetur effigie Princes must not suffer their faces to warrant falshood Although I am not of opinion with the Minor des Justices the ancientest books of the Common-Law That Le Roy ne poit sa money impaire ne a mander saus Lassent des touts les Counties which was the great counsell of the Kingdome Yet cannot I passe over the goodnesse and grace of many other our Kings as Edw. 1. Edw. 3. Hen. 4. and the 5th and others who out of the rule of their Justice Quod ad omnes specrat ob omnibus debet approbari have often advised with their people in Parliament both for the Allay weight number of peeces rate of Coynage and exchange and most with infinite goodnesse acknowledg the care and Justice now of my good Master and your Lordships wisedomes that would not upon the information of some few officers of the Mint before a free and carefull debate put in execution this Proiect. Yet I must under your Lordships favour suspect it would have taken away the tenth part of every mans due debt or rent alreadie reserved throughout the Realm not sparing the King which could have been little lesse then a species of that which the Roman stories call Tabula nova from whence every sedition hath sprang as that of Marius Grantidianus in Livio who pretending in his Consulship thatt the currant money was wasted by us called it in and altered the Standard which grew so heavie and grievous to the people as the Author sayth because thereby no man knoweth certainly his wealth that it caused a tumult In this last part which is the disprofit that the enfeobling the Coyn will bring both to his Maiesty and to the Common-wealth I must distinguish the moneyes of gold and silver as they are bullion and commodities and as they are measures the one of the extrinsique quality which is at the Kings pleasure as all other measures to name the other the intrinsique quality of pure mettall which is in the Merchant to value as their measure shall be either to be lessened or enlarged so is the quantity of the commodity that is to be exchanged if then the King shall cut his shilling or pound in money lesse than it was before a lesse portion of such commodities as shall be exchanged for it must be received it must then of force follow that all things of necessity as victualls apparell and the rest as well as those of pleasure must be inhaunsed If then all men shall receive in their shillings and pounds a lesse proportion of silver and gold than they did before this projected alteration and pay for what they buy at a rate enhaunsed it must cast upon all a double losse what the King will suffer by it in the Rents of his lands is demonstrated enough by the alteration since the 18 of Ed. 3. when all the Revenues of the Crown came unto the receipts pondere numero after 5 Groats the Ounce which since that time by severall changes of the Standard is come to 5 s. whereby the King hath two third parts of his just Revenues In his Customes the book of rates being regulated by pounds and shillings his Majesty must lose alike and so in all and whatsoever moneyes that after this he must receive the profits of his Coynage cannot be much more permanent in the losse lasting and so long as it reacheth to little lesse than yeerly to accept part of his Revenue for in every pound tale of gold is 7 Ounces 1 d. weight and 19 grains losse which 25 l. in accompt and in 700 l. tail of silver which is 14 l. 17 s. more And his Majesty shall undergo all this losse hereafter in all his receipts so shall he no lesse in all his dibursments the wages of his souldiers must be ratably advanced as the money is decreased This Edward the 3 as appeareth by the accounts of the Wardrobe and Exchequer as all the Kings after him were inforced to do as often as the lessened Standard of the moneyes of what shall be bought for his Majesties service must in like manner be inhaunsed on him As his Majesty hath the greatest profits of receipts and issues so must be of necessity taste of the most losse by this device It will destroy or discourage a great proportion of the trade in England Impair his Maiesties Customes for that part being not the least that passeth upon trust and credit will be overthrown for all men being doubtfull of diminution hereby of there personall estates will call in their moneys already out and no man will part with that which is lying by him uppon apparant losse as this must bring what dammage may befall the State by such a sudden stand of Trade I cannot guesse The moneys both of gold and silver formerly Coyned and abroad richer then those intended will be made of the most nereby Bulloin and so transported which I conceive will be none of the least inducements that hath drawn so many Goldsmithes to side this Proiect that they may be thereby Factors for the Strangers who by the Law of Mintage bring but two shillings silver to the pound waight and 4 shillings for gold whereas with us the one is _____ and the other 5 shillings many make that profit beyond the Sea they cannot here and so his Maiesties Mint unset of worke And as his Maiesties losse appeareth in the alteration
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
hereafter any other accusation or impeachmens against the said Lord Finch and also of replying to the answer that the said Iohn Lord Finch shall make unto the said Articles or to any of them and of affering proofe of the premisses or any of their impeachments or accusations that shall be exhibited by them as the case shall according to the course of Parliaments require doe pray that the said Iohn Lord Finch Baron of Ford wich Lord Keeper of the Great Seale of England may be put to answer to all and every of the premisses and such proceedings examinations tryalls and judgements as may be upon every of them bad and used as is agreeable to Law and Iustice. The Lord FAULKLANDS second Speech Made the 14. of January after the reading of the Articles against the Lord FINCH THese Articles against my Lord Finch being read I may bee bold to apply that of the Poet Nil refert tales versus qua voce legantur and I doubt not but your Lordships must be of the same opinion of which the House of Commons appeares to have beene by the choyce they have made of me that the charge I have brought is such as needs no assistance from the bringer leaving not so much as the colour of a colour for any defence including all possible evidence and all possible aggravation that addition alone excepted which he alone could make and hath made I meane his Confession Included in his flight Here are many and mighty Crimes Crimes of Supererogation So that high Treason is but a part of his Charge pursuing him fervently in every severall condition being a silent Speaker an unjust Iudge and an unconscionable Keeper That his life appeares a perpetuall Warfare by Mines and by Battery by Batteil and by Stratagem against our fundamentall Lawes which by his own confession severall Conquests had left untoucht against the excellent constitution of this Kingdome which hath made it appeare unto strangers rather an Idea than a reall Common-wealth and produced the honour and happinesse of this to be a wonder of every other Nation and this wiâ—h unfortunate successe that as he alwayes intended to make our Ruines a ground of his advancement so his advancement the meanes of our further ruine After that contrary to the further end of his place and the end of that meeting in which he held his place hee had as it were gagg'd the Common-Wealth taking away to his power all power of Speech from that body of which he ought to have beene the Mouth and which alone can perfectly represent the condition of the people whom that onely represent which if he had not done in all probability what so grave and judicious an Assembly might have offered to the consideration of so gracious and just a Prince had occasioned the redresse of the grievances they then suffered and prevented those which we have since endured according to the ancient Maxime of Odisse quos laeferis he pursued this offence towards the Parliament by inveighing against the Members by scandalizing their proceedings by trampling upon their Acts and Declarations by usurping and devolving the right by diminishing abrogating the power both of that other Parliaments making them as much as in him say both uselesse and odious to his Majesty and pursued his hatred to this fountain of Iustice by corrupting the streames of it the Lawes and perverting the Conduit Pipes the Iudges He practiced the annibilating of Ancient and Notorious perambulations of particular Forrests the better to prepare himselfe to annihilate the Ancient and Notorious perambulation of the whole Kingdome the meeres and bounders betweene the liberties of the Subject and Soveraigne power he endeauoured to have all tenures in durante bene placito to bring all Law from his Majesties Courts into his Majesties brest he gave our goods to the King our lands to the Deere our liberties to his Sheriffes so that there was no way by which wee had not beene opprest and destroyed if the power of this person had beene equall with his will Or that the will of his Majestie had beene equall to his power He not onely by this meanes made us lyable to all the effect of an Invasion from within and by destruction of our Liberties which included the destruction of our propriety which included the destruction of our Industry made us lyable to the terriblest of all Invasions that of want and poverty So that if what hee plotted had taken Root and he made it as sure as his Declaration could make it what himselfe was not Parliament proofe in this wealthy and happy Kingdome there could have beene left no aboundance but of grievances and discontentment no satisfaction but amongst the guilty It is generally observed of the plague that the infection of others is an earnest and constant desire of all that are seized by it and as this designe resembles that disease in the ruine destruction and desolation it would have wrought so it seemes no lesse like it in this effect he having so laboured to make others share in that guilt that his solicitation was not onely his action but his workes making use both of his Authority his Interest and Importunity to perswade and in his Majesties Name whose Piety is knowne to give that Excellent prerogative to his person that the Law gives to his place not to be able to doe wrong to threaten the rest of the Iudges to signe opinions contrary to Law to assigne answers contrary to their opinions to give Iudgement which they ought not to have given and to recant Iudgement when they had given as they ought so that whosoever considers his care of and concernment both in the growth and the immortality of this project cannot but by the same way by which the wisest judgment found the true mother of the Child discover him not onely to have beene the Fosterer but the Father of this most pernicious and envious designe I shall not need to observe that this was plotted and pursued by an English man against England which encreaseth the Crime in no lesse degree than parricide is beyond Murther that this was done in the greatest matter joyned to the greatest Bond being against the generall liberty and publike propriety by a sworne Iudge and if that salt it selfe because unsavory the Gospell it selfe hath design'd whither it must be cast that he poysoned our very Antidotes and turned our Guard into a destruction making Law the ground of illegalitie that he used this Law not onely against us but against it selfe making it as I may say Felo de se making the pretence for I can scarce say the appearance of it so to contribute the utter ruine of it selfe I shall not need to say that either this or more can be of the highest kinde and in the highest degree of Parliamentary Treason a Treason which need not a computation of many severall actions which alone were not Treason to prove a Treason altogether and by
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
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
the East-Indies and may erect a Company of the West-Indies for the golden fleece which shall bee prepared for you whensoever you are ready for so great a Consultation The right way to nourish these Northâ—â—â—e Trades is by his Majesties favour to presse the King of Denmarke to Justice not to come as his intolerable Taxes newly imposed upon Trade in the passage of the Sound in Examples whereof the Elector of Brandenburgh joyning with the King of Poland hath likewise more then trebled the ancient and capitulated Duties which if that they shall continue I pronounce all the Commerce of the Baltique Sea so over-burthened That the east-East-land Company cannot subsist nor without them and the Muscovie Company the Navigation but that the materials for shipping will be doubled which will eat out all Trades I have given you but Essayes and strooke little sparkes of fire before you My intention is but to provoke the wit and ability of others I have drawn you a Map wherein you cannot see things clearely and distinctly onely I introduce matter before you and now I have done when I have shewed you the way how to enlarge and bring every particular thing into debate To which end my motion and desire is this That we may send to every severall Company of Merchants trading in Companies and under Government and Priviledges and to aske of them what is their Grievances in their generall Trade not to rake into private Complaints what are the causes of decay or abuses in their Trades and of the want of money which is visible and of the great losses both to the Kingdome and to every particular by the late high exchanges and to desire every one of these Companies to set downe their judgement in writing to the Committee by a day appointed and having from them all the generall state of the complaints severally we shall make some judgements of these relations one to another this done I desire to require all the same severall Companies upon their owne papers to propose to us in writing the Remedies appliable in their judgement which materials having all together and comparing one with another we shall discover that truth which we seeke that is whether Trade and Money decay or not and how to remedy it But I have one request more and so I will ease you of my losse of your time That when from all these Merchants we shall have before us so much matter and without such variety and perhaps not without private and partiall ends that then you will give me leave to represent to you the names of some generall and others dis-interessed and wel experienced in many particulars who may assist our judgements in all the premisses particularly in moneys and exchanges and give us great light to prepare our result and resolution to bee by the whole House of Commons represented to his Majesty and for expedition that a sub-Committee may be named to direct this Information from the Merchants THE LORD FAUKLAND His SPEECH Concerning EPISCOPACY MASTER SPEAKER he is a great stranger in Israel who knowes not that this Kingdome hath long laboured under many and great oppressions both in religion and liberty and his acquaintance here is not great or his ingenuity lesse who doth not both know and acknowledge that a great if not a principall cause of both these have beene some Bishops and their adherents Master Speaker a little search will serve to find them to have beene the destruction of unitie under pretence of uniformity to have brought in superstition and scandall under the titles of reverence and decency to have defil'd our Church by adorning our Churches to have slackned the strictnesse of that union which was formerly betweene us and those of our religion beyond the sea an action as unpoliticke as ungodly Master Speaker wee shall finde them to have Tith'd Mint and Anise and have left undone the weightier works of the Law to have been lesse eager upon those who damne our Church then upon those who upon weake conscience and perhaps as weake reasons the dislike of some commanded garment or some uncommanded posture onely abstained from it Nay it hath been more dangerous for men to goe to some neighbours Parish when they had no sermon in their owne then to be obstinate and perpetuall Recusants while Masses have been said in security a conventicle hath beene a crime and which is yet more the conforming to ceremonies hath beene more exacted then the conforming to Christianity and whilest men for scruples have beene undone for attempts upon Sodomie they have onely beene admonished Master Speaker we shall find them to have beene like the hen in Esop which laying every day an egge upon such a proportion of barly her Mistresse increasing her proportion in hope shee would encrease her egges shee grew so fat upon that addition that shee never laid more so though at first their preaching were the occasion of their preferment they after made their preferment the occasion of their not preaching Master Speaker we shall find them to have resembled another fable the dog in the manger to have neither preached themselves nor employ'd those that should nor suffered those that would to have brought in catechising only to thrust out preaching cryed downe Lectures by the name of Factions either because their industry in that duty appeared a reproofe to their neglect of it not unlike to that we read of him who in Nero's time and Tacitus his story was accused because by his vertue he did appeare Exprobrare vitia Principis or with intention to have brought in darknesse that they might the easier sow their tares while it was night and by that introduction of ignorance introduce the better that Religion which accompts it the Mother of devotion Master Speaker in this they have abused his Majesty as well as his people for when they had with great wisedome since usually the children of darknesse are wiser in their generation then the children of light I may guesse not without some eye upon the most politicke action of the most politicke Church silenced on both parts those opinions which have often tormented the Church and have and will alway trouble the schooles they made use of this declaration to tye up one side and let the other loose whereas they ought either in discretion to have beene equally restrained or in justice to have beene equally tolerated And it is observable that that party to which they gave this licence was that whose doctrine though it were not contrary to law was contrary to custome and for a long while in this Kingdome was no oftner preached then recanted The truth is Master Speaker that as some ill Ministers in our state first tooke away our mony from us and after indeavoured to make our mony not worth the taking by turning it into brasse by a kind of Antiphilosophers-stone so these men used us in the point of preaching first depressing it to their power and next labouring 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
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
this next Michaelmas Let thither also reach their prescribed time for liberty And that till then their protections shall remain in as full vertue and authority as if the Parliament were actually sitting To the Right Honorable the LORD Deputie SHewing that in all ages past since the happy subiection of this Kingdome to the imperiall Crown of England it was and is a principall study and Princely care of his Maiesty and his most Noble Progenitors Kings and Queens of England and Ireland to the vast expence of Treasure and bloud that their loyall and dutifull people of this land of Ireland being now for the most part derived from the Brittish Ancestor should be governed according to the municipiall and fundamentall lawes of England that the Statute of Magna Charta or the great Charter for the liberties of England and other laudable lawes and Statutes were in severall Parliaments here enacted and declared that by the means thereof and of the most prudent and benigne government of his Maiestie and his royall Progenitors this Kingdome was untill of late in its growth to a flourishing estate whereby the said people were hertofore enabled to answer their humble and naturall desires to comply with his Maiesties Royall and Princely occasions by the free gift of 150000 l. ster and likewise by another gift of 120000 l. ster more during the government of the Lord Viscount Faulk-land and after by the gift of 40000. l. and their free and chearfull gift of 6. entire Subsidies in the 10. year of his Maiesties Reign which to comply with his Maiesties then occasions signified to the then H. of Commons they did allow should amount in the collections unto 250000. l. although as they confidently beleeve if the sayd Subsidies had not been levied in a moderate Parliamentary way they would not have amounted to much more than half the said sum besides the four entire Subsidies granted in this present Parliament So it is may it please your Lordship that by the occasion of the ensuing and other grievances and innovations though to his Maiestie no considerable profit this Kingdome is reduced to that extreme and universall poverty that the same is now lesse able to pay a Subsidie then it was heretofore to satisfie all the before recited great payments and his Maiesties most faithfull people of the same do conceive great fears that the grievances and the consequences therof may hereafter be drawn into precedents to be perpetuated upon their posterity which in their great hopes and strong belief they are perswaded is contrary to his Maiesties Royall and Princely intention towards his said people some of which said grievances are as followeth I. First the generall and apparent decay of Trades occcasioned by the new and illegall raysing of the book of Rates and Impositions as xii d. a piece custome for Hides bought for 3.4 or 5. s. and many other heavie Impositions upon native and other commodities exported and imported by reason thereof and of the extream usage and sensures Marchants are beggered and both disinabled and discouraged to trade and some of the honorable persons who gain thereby are often Iudges and parties and that in conclusion his Maiesties profit therby is not considerably advanced II. Secondly the arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lievetenant and Lord Deputy and infinite other Iudicators upon references from them derived in the nature of all actions determinable at the Common-law not limited unto certain times seasons causes and things whatsoever and the consequence of such proceedings by receiving imomoderate and unlawfull fees by Secretaries Clerkes Pursivants Serjants at Armes and otherwise by which kinde of proceedings his Majesty loseth a considerable part of his Revenue upon originall writs and otherwise and the Subject loseth the benefit of his writ of error Bill of reversall vouchers and other legall and just advantages and the ordinary course and Courts of Justice declined III. Thirdly the proceedings in civill causes at the Councell boord contrary to the law and great Charter and not mitted to any certain time or season IV. Fourthly that the Subject is in all the materiall parts thereof denyed the benefit of the principall graces and more especially of the Statute of Limitations of the 21. Jan. granted by his Majesty in the 4 year of this Reign upon great advice of the Counsell of England and Ireland and for great consideration and th n published in all the Courts of Dublin and in all the Courts of this Kingdome in open Assizes whereby all persons do take notice that contrary to his Majesties plous intention his Subiects of this Land have not enioyed the benefit of his Maiesties Princely promise thereby made V. Fiftly the extraiudiciall avoyding of Letters Patents of estates of a very great part of his Maiesties Subiects under the great Seale the publique faith of the Kingdome by private opinions delivered at Councell Boord without legall Evictions of their estates contrary to the Law and without precedent or example of any former age VI. Sixtly the Proclamation for the sole exemption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means wherof thousands of Families within this Kingdome and of his Maiesties subiects in severall Islands and other parts of the West Judies as your Petitioners are informed are destroyed and the most part of 〈◊〉 Coyne of this Kingdome is ingrossed into particular hands Insomuch that your Petitioners do conceive that the profit arising and ingrossed thereby doth surmount his Maiesties Revenues certaine and casuall within this Kingdome and yet his Maiestie receiveth but very little profit by the same VII Seventhly the unusuall and unlawfull increasing of Monopolies to the advantage of few to the disprofit of his Maiesty and the impoverishment of his people VIII Eighthly the extream and cruell usage of certain late Commissioners and other towards the Brittish Farmers and Inhabitants of the City and County of London-derry by meanes whereof the worthy plantation of that Country is almost destroyed and the Inhabitants are reduced to great poverty and many of them forced to forsake the Country the same being the first and most usefull Plantation in the large Province of Vlster to the great weakning of the Kingdome in this time of danger the sayd Plantation being the principall strength of those parts IX Ninthly the late erection of the Court of high Commission for causes Ecclesiasticall in these necessitous times the proceedings of the sayd Court in many causes without legall 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 incroaching of the same upon the iurisdiction of other Ecclesiasticall Courts of this Kingdome X. Tenthly the exorbitant and Barbarous Fees and pretended Customes exacted by the Clergie against the Law some of which have beene formerly represented to your Lordship XI Eleventhly the
would scarce remunerat the iniuries repay the losses of this suffering Nation since the pronouncing of that fatall sentence What proportionable satisfaction then can this Common-wealth receive in the punishment of a few inconsiderable Delinquents But 't is a Rule valid in Law approved in equity that Qui non habent in crumen Luant in Corpore And 't is without all question in policy exemplar punishments conduce more to the safety of a State than pecuniary reparations Hope of impunity lulls every bad-great-officer into security for his time and who would not venture to raise a Fortune when the allurements of honour and wealth are so prevalent if the worst is can fall be but Restitution We see the bad effects of this bold-erroneous opinion what was at first but corrupt Law by encouragement taken from their impunity is since become false Doctrine the people taught in Pulpits they have no property Kings instructed in that destructive principle that all is theirs and is thence deduc'd into necessary state-policy whispered in counsell That he is no Monarch who is bounded by any Law By which bad consequences the best of Kings hath bin by the infusion of such poysonous positions diverted from the sweet inclinations of his own Naturall Equity and Justice the very essence of a King taken from him which is preservation of his people and whereas Salus populi is or should be Suprema Lex the power of undoing us is masqu'd under the stile of what should be Sacred Royall Prerogative And is it not high time for us to make examples of the first authors of this subverted Law bad Counsell worse Doctrine Let no man think to divert us from the pursuit of Iustice by poysoning the clear streams of our affections with jealous sears of his Majesties Interruption if we look too high Shall we therefore doubt of Iustice because we have need of great Justice We may be confident the King well knows That his Iustice is the Band of our Allegiance That 't is the staffe the proof of his Soveraignty 'T is a happy assurance of his intentions of grace to us that our loyalty hath at last won him to tender the safety of his people and certainly all our pressures weighed this 12 yeers last past it will be found the passive loyalty of this suffering Nation hath our-done the active duty of all Times and Stories As the Poet hath it fortiter ille facit qui miser esse potest I may as properly say Fideliter fecimus we have done loyally to suffer so patiently Then since our Royall Lord hath in mercy visited us let us not doubt but in his Justice he will redeem his people Qui timidè rogat docet negare But when Religion is innovated our Liberties violated our Fundamentall Laws abrogated our modern Laws already obsoleted the propriety of our Estates alienated Nothing left us we can call our own but our misery and our patience if ever any Nation might iustifiably this certainly may now now most properly most seasonably cry out and cry aloud vel Sacra Regnet Iustitia vel Ruat Coelum Mr. Speaker the summe of my humble motion is that a speciall Committee may be appointed to examine the whole carriage of that Extraiudiciall iudgement Who were the Counsellors Soliciters and subscribers to the same the reasons of their Subscription whether according to their opinions by importunity or pressure of others whether proforma tantum And upon report thereof to draw up a charge against the guilty and then Lex Currat Fiat Iustitia A brief Discourse concerning the power of the Peers and Commons of Parliament in point of Iudjcature SIR to give you as short an account of your desires as I can I must crave leave to lay you as a ground the frame or first modell of this State When after the period of the Saxon time Harold had lifted himself into the Royall Seat the Great men to whom but lately he was no more equall either in fortune or power disdaining this act of arrogancy called in William then Duke of Normandy a Prince more active than any in these Western parts and renowned for many victories he had fortunately atchieved against the French King then the most potent Monarch in Europe This Duke led along with him to this work of glory many of the younger sons of the best families of Normandy Picardy and Flanders who as undertakers accompanied the undertaking of this fortunate man The Usurper slain and the Crown by war gained to secure certain to his posterity what he had so suddenly gotten he shared out his purchase retaining in each County a portion to support the Dignity Soveraign which was styled Demenia Regni now the ancient Demeans and assigning to others his adventures such portions as suited to himself dependancy of their personall service except such Lands as in free Almes were the portion of the Church these were styled Barones Regis the Kings immediate Freeholders for the word Baro imported then no more As the King to these so these to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comites or the like for we finde as in the Kings Writ in their Writs Baronibus suis Francois Anglois the Soveraigne gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the one and a Baron of the inferiour donations to Lords of Town-ships or Mannors And thus the Land so was all course of Iudicature divided even from the meanest to the highest portion each severall had his Court of Law preserving still the Mannor of our Ancestors the Saxons who jura per pages reddebant and these are still tearmed Court-Barons or the Freeholders Court twelve usually in number who with the Thame or chief Lord were Iudges The Hundred was next where the Hundredus or Aldermanus Lord of the Hundred with the chief Lord of each Township within their limits iudged Gods people observed this form in the publike Centureonis decam Judicabant plebem omni tempore The County or Generale placitum was the next this was so to supply the defect or remedy the corruption of the inferiour Vbi Curiae Dominorum probantur defecisse pertinet ad vice comitem Provinciarum the Iudges here were Comites vice comites Barones Comitatus qui liberas in hoc terras babeant The last and supreme and proper to our question was generale placitum apud London universalis Synodus in Charters of the Conquerour Capitalis curia by Glanvile Magnum Commune consilium coram Rege magnatibus suis In the Rolles of Henry the 3. It is not stative but summoned by Proclamation Edicitur generale placitum apud London saith the book of Abingdon whether Epium Duces principes Satrapae Rectores Causidici ex omni parte confluxerunt ad istam curiam saith Glanvile Causes were referred Propter aliquam dubitationem quae emergit in comitatu cum
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
more to offer unto you But this one compriseth many It is a neast of waspes or swarm of vermine which have over-crept the land I mean the Monopoles and Polers of the people These like the Frogs of Aegypt have gotten possession of our dwellings and have scarce a room free from them They sup in our Cup they dip in our Dish they sit by our fire we finde them in the Dy fat wash-boule and Poudering tub they share with the Butler in his box they have marked and sealed us from head to foot Mr. Speaker they will not bate us a Pin we may not buy our own Cloathes without their brokage These are the Leeches that have suckt the Common wealth so hard that it is almost become hecticall And Mr. Speaker some of these are ashamed of their right names they have a vizard to hide the brand made by that good law in the last Parliament of King James They shelter themselves under the name of a Corporation they make by-laws which serve their turns to squeese us and fill their purses unface these and they will prove as bad Cards as any in the pack These are not petty Chapmen but wholesale men Mr. Speaker I have ecchoed to you the cryes of the kingdome I will tell you their hopes they look to Heaven for a blessing upon this Parliament they hang upon his Majesties exemplary piety and great justice which renders his eares open to the just complaints of his Subjects we have had lately a gratious assurance of it they are the wise conduct of this whereby the other great affaires of the Kingdome and this our grievance of no lesse import And this may go hand in hand in preparation and resolution Then by the blessing of God we shall return home with an Olive branch in our mouths and full confirmations of the priviledges which we received from our Ancestors and ow to our posterity which every freeborn English man hath received with the aire he breathed in These are our hopes These are our prayers Mr. BAGSHAW his speech in Parliament 7 die Novemb. 1640. Mr Speaker I Had rather Act then speak in those weighty businesses of the Kingdome which have been so excellently handled by these foure worthy Gentlemen that spake last and therefore I shall be short For when I look upon the Body of this goodly and flourishing Kingdom in matters of Religion and of our laws For like Hippocrates Twins they live and dye together I say when I behold these in that state and plight as they have been represented to us Flere magis libet quam dicere But this is our comfort Mr. Speaker that we are all met together for the welfare and happinesse of Prince and People And who knows whether this may not be the appointed time wherein God will restore our Religion as at the first and our laws as at the beginning The honour of a King consisteth in the weale of his people this undoubted maxime his Majesty hath made good by his late gracious speech and promise to us to redresse all our grievances to destroy the enemies of our Peace and plenty To make a people rich they must have ease justice Ease in their Consciences from the bane of Superstition from the intolerable burthen of innovation in Religion and from the racks and tortures of strange and new fangled Oaths They must be eased in their persons being liberi homines and not Vilanes All illegall arrests and imprisonment against Magna Charta being our greatest liberties They must be eased in their lands from Forrest where never any Deer fed from depopulations where never any Farm was decayed and from inclosures where never any hedges were set But must lastly be eased in their goods from their exactions and expilations of Pursevants and Apparitors of Projectors and Monopolists Humanarum Calamitatum mercatores as an ancient finely calls them and if the people have all these easements yet if they have not Justice they cannot subsist justice is to the Civill body as food to the naturall If the streams of Justice be by unrighteousnesse turned into Gall and Wormword or by cruelty like the Aegyptian waters be turned into blood those which drink of these brooks must needs dy and perish The Law saith that all Justice is in the King who is stiled in our book Fons Justitiae and he commits it to his Judges for the execution wherein he trusts them with two of the chiefest flowers which belong to his crown The administration of his justice and the exposition of his laws but he will not trust them without an Oath required of them by the Statute of 18 E. 31. Which is so strict and severe that it made a Judge whom I know though honest and strict yet to quake and tremble at the very mention of it The effect of the Oath is that they should doe equall law and execution of right to all the Kings Subjects poore aswell as rich without regard of any person That they should not deny to doe common right to any man by the Kings letters and for any other cause And in case such letters do that they proceed to do come the law notwithstanding such letters or for any other causes as they will answer to the King in bodies goods and lands how this Oath hath been performed we have seen and felt I need say no more But when I cast mine eyes upon the inferiour Courts of Justice wherein no such oath is required I meane the High Commission and other Ecclesiasticall Courts my soule hath bled for the wrong pressures which I have observed to have been done and committed in these Courts against the Kings good people especially for the most monstrous abuse of the Oath Ex Officio which as it is now used I can call no other than Carnificina Conscientiae I have some reason to know this that have been an Attendant to the Court these five yeeres for my selfe and a deare friend of mine sometimes Knight of our Shire for a meer triviall businesse that the most that could be proved against him was the putting on his hat in the time of Sermon Of which Court I shall say more and make good what I say when those ulcers come to be opened Mr. Speaker I say these foure worthies that spake before me have told you of our miseries but I cannot tell you of the remedies For things are come to that height that I may say as Livy sayd of the Roman state in his time Nec Vitia nostra scire possumus neâ— Remedia for no Laws will now doe us good Better Laws could not have been made then the Stat. of Monopolies against Projectors and the Petition of right against the infringers of liberties and yet as if the Law had bin the Author of them there hath been within these few years more Monopolies and infringment of liberties than hath been in any age since the Conquest and if all those vile Harlets as Queen Elizabeth
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
price of moneys must rise and fall to fit their occasions we see this by raising the Exchange of Franckford and other places of their usuall time of the Marts This frequent and daily change in the Low-Countries of their moneys is no such injustice to any there as it would be here for there they being all Merchants or mechanicks they can rate accordingly their labour and their Ware whether it be Coyne or other merchandize to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongeth do so according to their just intrinsique valew of their forreign Coyn in all barter of commodities or Exchange except usance which we that are rated and tyed by the extrinsiques measure of moneys in all our constant reckonigs and annuall bargains at home cannot do And for us then to raise our Coyn at this time to equall their proportions were but to render our selves to a perpetuall incertainty for they will raise upon us daily them again which we of course shall follow else receive no profit by this present change and so destroy the Policie Justice honor and tranquilitie of our State for ever To the Right Honourable the Lord Deputy The â—â—mble and just Remonstrance of the Knights Cittizens and Burgesses in Parliament assembled SHewing that in all ages since the happy subjection of this Kingdome to the Imperiall Crowne of England it was and is a principall study and Princely care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast expence of treasure and blood That their loyall and dutifull people of this Land of Ireland beeing now for the most part derived from Brittish Ancestors should be governed according to the municipall and fundamentall Lawes of England That the statute of Magna Charta or the great Charter of the liberties of England and other laudable lawes and statutes were in severall Parliaments heere enacted and declared that by the means thereof of the most prudent benign government of his Majestie his Royall Progenitors this Kingdome was untill of late in its growth a flourishing estate whereby the said people were heretofore enabâ—ed to aâ—â—iver their humble and naturall desires to comply with his Majesties Princely and royall occasions by their free gift of 150. thousand pounds sterling and likewise by another free gift of 120. thousand pounds more during the government of the Lord Viscount Faulkland and after by the gift of 40. thousand pounds and their free and cheerefull gift of siâ—â— intire Subsidies in the tenth yeare of his Majesties Reignâ— which to comply with his Majesties then occasions signified to the then house of Commons they did allow should ammount in the Collections unto 2 hundred and fifty thousand pounds although as they confidently believe if the Subsidies had been levyed in a moderate Parliamentary way they would not have amounted to much more then halfe the sum aforesaid besides the foure intire Subsidies graunted in this present Parliament Soe it is may it please your Lordship by the occasion of insuing and other grievances and Innovations though to his Majesty no considerable profit this Kingdome is reduced to that extreame and universall poverty that the same is lesse able to pay 2 Subsidies then it was hertofore to satisfie all the before-recyted great payments his Majesties most faithfull people of the Land do conceive great fears that the said grievances and consequences thereof may be hereafter drawne into presidents to be perpetuated upon their posterity which in their great hopes and strong beliefe they are perswaded is contrary to his Royall and Princely intention towards his said people of which greivances are as followeth 1 First the generall apparant decay of Trades occasioned by the new and illegall raising of the booke of rates and impositions upon native and other Commodities exported and imported by reason whereof and of extreame usage and censures Merchants are beggered both and disinabled and discouraged to Trade and some of the honourable persons who gaine thereby often Iudges and parties And that in the conclusion his Majesties profit thereby is not considerably advanced 2. The arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lieutenant and Lord Deputy and infinite other Iudicatories upon references from them derived in the nature of all actions determinable at the Common Law not limited into certaine time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawfull fees by Secretaries Clarkes Pursivants Serjeants at Armes and otherwise by which kinde of proceedings his Majesty looseth a considerable part of his revenue upon originall writs and other wise and the Subject looseth the benefit of his writ of Error bill of reversall vouchees and other legall and just advantages and the ordinary course and Courts of Iustice declined 3. The proceedings in civill causes at Counsell board contrary to the Law and great Charter not limited to any certaine time or season 4 That the Subject is in all the materiall parts thereof denyed the benefit of the Princely graces and more especially of the statute of limitations of 21. of Iac. Graunted by his Majesty in the fourth yeare of his Raigne upon great advice of Counsell of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdome in open assizes whereby all persons doe take notice that contrary to his Majesties pious intentions his Subjects of this land have not enjoyed the benefit of his Majesties Princelie promise thereby made 5. The extrajudiciall avoyding of Letters Pattents of estates of a very great part of his Majesties subjects under the great Seale the publique faith of the Kingdome by private opinions delivered at the Counsell board without legall evictions of their estates contrary to the law and without president or example of any former age 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at every low rates and uttered at high and excessive rates by meanes whereof thousands of families within this Kingdome and of his Majesties Subjects in severall Ilands and other parts of the West Indies as your Petitioners are informed are destroyed and the most part of the coyn of this Kingdome is ingross ed into particular hands Insomuch as the petitioners do conceive that the proffit arising and engrossed thereby doth surmount his Majestyes revenue certain or cosuall within this Kingdome and yet his Majesty receiveth but very little profit by the same 7. The universall and unlawfull increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his people 8. The extream and cruell usage of certain late Commissioners and other stewards the Brittish Farmers and Inhabitants of the City and County of London Derry by meanes whereof the worthy Plantation of that Country is almost destroyed and the
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
pleased to undertake and goe adventure with them And it was ordered by the Company that if that Farmer or adventurer should decease that then that partyes adventure should bee transferred to some other free Vintner and to none other and not to descend either to the Executors or Administrators of such Vintners so deceasing the said ten Farmers being nominated by the Company and adventured in the same farme of forty shillings per Tunne on Wine and Farme of Wine Licences which they likewise took by direction of the Company on the second of January 1640. Humbly Petitioned his Majesty to accept of the said Farmes they accounting to his Majesty for all moneys received from the beginning they having allowance for what they disbursed and stand engaged for for his Majesties service with interest and necessary charges without any profit to themselves And Master Alderman Abell and divers others the Contractors never dealt in grosse nor benefitted themselves by the Advance upon Retayle of wine so that he in all this hath bin but a person intreated into this businesse for the Company and no whit for himselfe nor hath otherwise or in any other manner as for other cause acted any thing at all in or concerning this busines To the High and Honourable Court of PARLIAMENT The humble Petition of the Vniversity of OXFORD Sheweth THAT whereas the Vniversitie hath been informed of severall Petitions concerning the present Government of this Church and maintenance of the Clergie which have of late been exhibited to this Honourable Assembly We could not but think our Selves bound in duty to God and this whole Nation in charity to our Selves and Successors who have and are like to have more then ordinary interest in any resolution that shall be taken concerning Church-affaires in all humility to desire the continuance of that form of Government which is now established here and hath been preserved in some of the Eastern and Western Churches in a continued Succession of Bishops downe from the very Apostles to this present time the like whereof cannot be affirmed of any other form of Government in any Church Upon which consideration and such other motives as have been already represented to this Honourable Parliament from other Persons and places with whom we concurr in behalf of Episcopacy We earnestly desire that you would protect that ancient and Apostolicall Order from ruine or diminution And become farther Suiters for the continuance of those pious Foundations of Cathedrall Churches with their Lands and Revenues As dedicate to the Service and Honour of God soon after the plantation of Christianity in the English Nation As thought fit and usefull to be preserved for that end when the Nurseries of Superstition were demolished and so continued in the last and best times since the blessed Reformation under King Edw. 6. Q Elizabeth K. James Princes renowned through the world for their piety and wisdome As approved and confirmed by the Laws of this land ancient and modern As the principall outward motive and encouragement of all Students especially in Divinity and the fittest reward of some deep and eminent Scholars As producing or nourishing in all ages many godly and learned men who have most strongly asserted the truth of that Religion we professe against the many fierce oppositions of our Adversaries of Rome As affording a competent portion in an ingenuous way to many younger Brothers of good Parentage who devote themselves to the Ministery of the Gospell As the onely means of subsistence to a multitude of Officers and other Ministers who with their Families depend upon them and are wholly maintained by them As the main Authors or upholders of diverse Schools Hospitalls High-wayes Bridges and other publique and pious works As speciall causes of much profit and advantage to those Cities where they are scituate not only by relieving their poore and keeping convenient Hospitality but by occasioning a frequent resort of Strangers from other parts to the great 〈◊〉 of all Tradesmen and most Inhabitants in those places As the goodly Monuments of our Predecessors Piety and present Honour of this kingdome in the eye of forreine Nations As the chiefe support of many thousand Families of the Laity who enjoy faire estates from them in a free way As yeelding a constant and ample revenue to the Crown And as by which many of the learned Professours in our Vniversity are maintained The subversion or alienation whereof must as we conceive not only be attended with such consequences as will redound to the scandall of many well affected to our Religion but open the mouths of our Adversaries and of Posterity against us and is likely in time to draw after it harder conditions upon a considerable part of the Laity an universall cheapnesse and contempt upon the Clergie a lamentable drooping and defection of industry and knowledge in the Vniversities which is easie to foresee but will be hard to remedy May it therefore please this Honourable Assembly upon these and such other Considerations as your great wisdomes shall suggest to take such pious care for the continuance of these Religious Houses and their Revenews according to the best intentions of their Founders as may be to the most furtherance of Gods glory and service the Honor of this Church and Nation the advancement of Religion and Learning the encouragement of the modest hopes and honest endeavours of many hundred Students in the Universities Who doe and shall ever pray c. Dat. An. Dom. millesimo sexcent ' quad ' primo è Domo Convocationis in celebri Conventu Doctorum ac Magistrerum omnibus singulis assentientibus The Speech of Sergeant Glanvill in the upper House of Parliament for the Redresse of the present Grievances His Majesty being seated on his Throne Sergeant Glanvill was called to the Barre being represented by the House of Commons for their Speaker who spake as followeth May it please your Majesty THE Knights Citizens and Burgesses of your Commons House of Parliament in conformity to ancient and most constant usage the best guide in great solemnities according to their well known priviledges a sure warrant for their proceedings and in obedience to your Majesties most gratious commands a duty well becomming loyall Subjects have met together and chosen a speaker one to be the mouth indeed the servant of all the rest to steare watchfully and prudently in all their weighty consultations and debates to collect faithfully and readily the Votes and genuine sense of that numerous assembly to propound the same seasonably in apt questions for their finall resolution and to present them and their conclusions their declarations with truth and light with life and lustre and with full advantage to your most Excellent Majesty With what Judgement with what temper spirit and elocution he ought to be endued your Majesty in your great wisedome is best able to discern both as it may relate to your own peculiar and important affairs of State to the proper
house is all glorious within If we which are Heires to their lawes as unto their lands will strive to make no addition to the rich inventurie of those priviledges they have bequeathed unto us yet with united spirits let us all at least prevent the dilapidation nay the diminution of the least of them This present occasion of debating Mr. Fitz-Gerralds petition exhibited to this honorable house sets before us blessings and cursings and is the first leafe as wee may terme it of the house of commons Almanak not made to serve for one but for many yeers and calculated to serve indifferently for all latitudes in which our carriage makes this and all succeeding dayes but servil and working daies or otherwise imprints this day and our priviledges in a conspicuous plausive rubrique to posterity whilest the Palladium was in Troy neither the power nor the long siege of the Grecians could prevaile against it whilest Minoes purple lockes curled from their native roots Creete was unvanquished The Morall of these affictions emphatically preach and teach us this Doctrine that the safety pregnancy glory and strength of this house is but only sent us upon this condition whilest we keepe preserve and defend our liberties our rights our priviledges unbetrayed unsuppressed and uncontrolled if any more allyed to the corruptions of our owne distempers then challenging an interest in us by a legitimate birth could involve this grave and great assembly in such epidemicall liturgie as directly to snore or at lest to wink whilest our priviledges cloathed in a purple robe of glory like a word never to be recalled escape from among us I say if ungratefull I should out off the inheritance of these immunities entailed upon us and confirmed as a monument all portion upon this younger brother of state this House of Commons what can we expect but that our Fathers Ghosts apparelled with indignation should appear unto us with this or the liking branding phrase Most ungratefull and unfortunate posterity O aetas parentum pejor Avis better had it bin for you not to live then to out-live your owne infamie If there had been a necessity you should involve your selves in a general-guilt the election ought to have beene of such a one as might have died with your selves but this like originall sinne binds your posterity to sigh for a redemption Did we bequeath unto you those faire ornaments to be stolne or snatched from you Oh where where was your vigilancy and boldnesse to present so disasterous and fatall a consequence Did we with no better successe of imitation by your labour and even unto hoarsenesse contend in the Parliament held 39. Hen. 6. as Prophecying your weakenesse leave you a record to build upon Where we admitted and priviledged one Walter Clarke a Burgesse of Chepengham though at that time in execution ad sâ—ct Reg. Did we for this purpose recommend unto you Ferrars case and our proceecings against the disturbers of his right Did we for this purpose recommend unto you Belgraves case 43. of the Queene Who notwithstanding be procured his election in Winchester by collusion yet Maugre the great opposition raised by the Earle of Huntington upon the sight of the Sheriffes returne a sufficient amerment to satisfie us we admitted and câ—nfirmâ—d him in the protection of our house did we for this purpose exemplifie unto you the case of Richard Chidder 5. Henry 4 who being arrested in his journey towards the Parliaments where note that the date of the election is the date of the priviledge They are twins of one birth wee ingraft them as a twig to bee writh'd by our common roote and quickly lopt off that so perilous authority which would prunne our branches Nay Mr. Speaker our fellowes labouring Parliament in England with their hearty commendation have transmitted unto us a precedent from each house The house of the Lords opening the gates of the Tower to prepare an entry to the censured Bishop of Lincolne and the house of Commons with like imitation and like successe having performed the same in Sir John Elliot and innumerable others But now I will endeavour to allay the distempered spirits of our Fathers whilest with more patience and duty we attend the modest corrections of our indulgent King And so exeunt Patres and Intr. H. 8. in his owne person commending the resolution and zeale of the house of Commons in preserving the lustre of their owne Priviledges from being Eclipsed aledging himselfe to be interessed in them since that he and they knit together compleated one body who in this our deserved calamities would not rather imitate us by scofs then qualifie our untimely repentance by absence of our owne murdering wrongs What may not E. 4. exprobrate unto us who in the 3. yeare of his raigne records his regall pleasure to posterity That all Acts Suites judgements censures qui dicit omne excludit nullum awarded against any Member of Parliament should be utterly void and frustrate crowning the Act with an Emphaticall epiphonema and this act to endure for ever And surely common reason is pregnant in the justification thereof That where the publique service and good is primarily intended a supersedias must issue to private respects since they cannot stand in competition and inhabit our sâ— heare If their judgements are not yet calmed and setled behold his Majesty that now is cloathed in his royall Robes and thus speaking unto you from underneath his state Gentlemen why stagger you thus that are your selves the pillars of the common-weale you are not upon breaking the Ice nor bound upon the discovery of the unknowne world each leafe reports your precedents that are like Maps that secure and expedite your fortunate Navigation From me you can expect no more satisfaction then what I have declared in the third yeer of my Raign in answer to the Petition of Right in Parliament that I am interested in the maintaining of the Priviledges of this House being a main Pillar of the liberty of my Subject the goods of one _____ being seised in my name and for my use for denying Tonnage and pondage they reassumed he being at the time of that seisure a Member of the House and whether I distasted sure I am I had no redresse As for the tender care of my interest in the fine of 10000 l. and that you admitted my Atturney generall to a favourable hearing in my behalf though against your selves a Parliamentary custome not to be written in small Print I thank you Gentlemen yet I think you know as well as I that these great sounding Fines to me have in their effects but short and little accounts if there be 3. bags the little one is mine the 5000 l. dammages to the party a summe equall or more to the defendants estate is as much as Magna Charta by those words of salvo contenemento would warrant Therefore my Judges by dividing it might have considered me somewhat whereas now the old proverbe