publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
offences were contrived committed perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their oathes of the same at such times as the said Sir R. Bolton Kt. was Lord Chancellor of Ireland or chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord chief Justice of the said Court of Common Pleas and against their Oathes of the same and at such time as the said John L. Bishop of Derry was actuall Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their allegiance severall and respective oathes taken in that behalf IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn L. B. of Derry Sir Gerard Lowther Kt. L. chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the liberty of exhibiting at any time hereafter any accusation or impeachment against the said Sir Rich. Bolton Iohn L. Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their answers which they and every of them shall make to the said Articles or any of them and of offering proof also of the premisses or of any other impeachment or accusation as shall be by them exhibited as the case shall according to the course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerard Lowther Knight Lord chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Knight and every of them be put to answer to all and every of the premisses and that all such Proceedings Examinations Triall and Iudgement may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Sir Thomas Wentworths speech XXij d. Martij 1627. MAy this dayes resolution be as happy as I conceive the proposition which now moves me to rise is seasonable and necessary for whether we shall look upon the King or the people it did never more behove this great Physitian the Parliament to effect a true consent towards the parties then now This debate carryes with it a double aspect towards the Soveraign towards the Subject though both innocent both injured both to be cured In the representation of injuries I shall crave your attention in the Cures I shall beseech your equall cares and better judgements surely in the greatest humility I speak it these illegall waies are marks and punishments of indignation The raising of Leavies strengthned by Commission with unheard of instructions the billetting of Souldiers by Lievetenants without leave have been as if they could have perswaded Christian Princes nay Worlds the right of Empire had been to take a way by strong hand and they have endeavoured as far as was possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors They have extended the prerogative of the King beyond the just Center which was the sweet harmony of the whole They have rent from us the light of our eyes inforced a company of Guests worse than the Ordinaries of France vitiated our wives and daughters before our faces brought the Crown to greater want than ever it was by anticipating the Revenue and can the Shephard be thus smitten and the flock not scattered They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government imprisoning us without Bail or Bond. They have taken from us what shall I say indeed what have â—hey left us all mean of supplying the King and ingratiating our selves with him taking up the roots of all propriety which if it be not seasonably set into the ground by his Maiesties hand we shâ—ll have instead of beauty baldnesse To the making of them whole I shall apply my self and propound a remedy to all these diseases by one and the same thing hath the King and people been hurt and by the same must they be cured to vindicate what New things No. Our ancient sober vitall liberties by reinforcing of the ancient Lawes made by our Ancestors by setting such a Character upon them as no licentious spirit shall dare hereafter to enter upon them And shall we thinke this away to break a Parliament Nâ— Our desires are modest and iust I speak truly both for the interest of the King and People If we enjoy not those it will be impossible to relieve him Therefore let us never fear that they shall not be accepted by his goodnesse Wherefore I shall descend to my motions which conconsists of four parts two of which have relation to the persons two to the propriety of goods for the persons the freedome of them from imprisoning Secondly from employments abroad contrary to the ancient customes for our goods that no leavies may be made but in Parliament Secondly no billetting of Souldiers It is most necessary that these be resolved that the Subiects may be secured in both Then for the manner in the second place it will be fit to determine it by a Grand Committee Sir Thomas Wentworths Speech 21. of Aprill Anno 1628. Right wise Right worthy TOo many instigations importune the sequell of my words First the equitie of your proceedings Secondly the honesty of my request for I behold in all your intendments a singularity grounded upon discretion and goodnesse and your consultations steered as well by Charity as extremity of justice This order and method I say of your procedings together with the importunity offered of the Subject in hand have emboldned me to solicite an extension of the late granted protections in generall The lawfulnesse and honesty of the propositions depends upon these two particulars I. The present troubles of the parties protected having run themselves into a further and almost irrecoverable hazards by presuming upon and feeding themselves with the hopes of a long continuing Parliament II. Let the second be this consequence That that which is prejudiciall to most ought to minister matter of advantage to the rest sith then our interpellations and disturbances amongst our selves are displeasing almost to all if any benefit may be collected let it fall upon those for I think the breach of our Session can befriend none but such nor such neither but by means of the grant before hand And because it is probable that his Majesty may cause a Remeeting
SPEECHES AND PASSAGES Of This GREAT and HAPPY Parliament From the third of November 1640 to this instant June 1641. Collected into One Volume and according to the most perfect Originalls exactly published LONDON Printed for William Cooke and are to be sold at his shop at Furnifalls-Inne-gate in Holbourne 1641. The Contents HIS Majesties first speech Novem. 3. 1640. His Majesties second speech Novem. 5. 1640. His Majesties third speech to both houses Jan. 25. 1640. His Majesties speech at the passing of the Bill for a Trieniall Parliament His Majesties Letter sent by the Prince in the behalf of the Earl of Strafford to the Lords The Lords Answer That Bishops ought not to have voyce in Parliament Lord Keepers speech in the upper house of Parliament Novem. 3. 1640. Master Speakers speech Fol. 1. Lord Digbyes speech Novem. 9. 1640. concerning grievances and the trieniall Parliament Lord Digbyes second speech for trieniall Parliament Fol. 12. The Honourable Nathaniels Fynes his speech Fol. 22 Master Rous his speech before the Lords against Doctor Cousins Doctor Mannering and Doctor Beale Fol. 45 The second speech of the Honourable Nathaniel Fynes Fol. 49 Lord Dâ—gbyes speech concerning Bishops London petition Feb. 9. Fol. 65 Lord Finch his accusation Fol. 76 Lord Falklands speech after the reading the Articles of the Lord Finch Fol. 83 Sir Edward Deering first speech Fol. 88 His second speech Fol. 90 His third speech Fol. 93 His fo th speech Fol. 97 Mâ—ster Bagshawes speech concerning Bishops and the London petition Fol. 99 Sir Benjamin Ruddyers first speech Fol. 103 His second speech Fol. 110 His third speech Fol. 113 Master Pyms Message for the commitment of my Lord Strafford Fol. 116 Articles against the Lord Strafford Fol. 117 Further impeachment of Thomas Earl of Strafford Fol. 120 Earl of Bristows speech Dâ—cember 7 Fol. 143 Master Mynards speech in reply to the Lord Strafford Fol. 145 The Earl of Bristows speech upon the delivering of by him the Scottish Remonstrance Fol. 150 His Majesties speech to both Houses Feb. 3. 1640. Fol. 159 Londoners fiâ—st petition Fol. 161 Their grievances by the Prelates Fol. 162 Resolution of the sixt demand by the Commons Fol. 171 The Scots Answer to the resolution Ibid. The Peares demand upon the foresaid Answer Fol. 172 The Scots Commissioners Answer Ibid. Articles against Secretary Windibanck Fol. 174 A speech made by the Lord Finch in the Commons House Nâ—vem 21. 1640. Fol. 169 Master Grimstons second speech Fol. 179 A messuage sent by the Queen to the House of Commons by Master Comproller Fol. 185 The report of the Kings messuage by the Lords to the House of Commons Jan. 29. 1640. Fol. 184 Sir Thomas Rows speech Fol. 185 Lord Falklands speech Fol. 188 Master Pyms speech after the Articles of Sir George Ratcliff Fol. 198 His second speech after the reading of the Articles Fol. 202 Master Speakers speech presenting these Bills for shortning of Michaelmas term pressing of Maryners for the remainder of sixe Subsidies Fol. 204 Master Pleadwels speech Fol. 206 Sir Thomas Rowes reports to the Committe Fol. 209 Mâ—ster Rigbyes answer to the Lord â—ineb his last speech Fol. 221 Master Wallers speech Fol. 224 Master Hollis his speech delivered with the Protestation Fol. 232 Orders for the taking of the Protestâ—tion Fol. 236 Master Grimstons third speech Fol. 205 Lord Digbyes speech upon the Bill of attainder of the Lord Strafford Fol. 213 Lord Straffords speech on the Scaffold Sixteen queres Fol. 233 Captain Audleyes Mervirs speech Fol. 237 His speech at the peachment of Sir Richard Boulton Knight and others Fol. 249 Articles against Sir Richard Boulton 256 Sir Thomas Wentworths first speech March 22 1637 His second speech April 21 1628. Fol. 259 A petition to the Lord Deputy Fol. 262 A speech against the Judges Fol. 267 A discourse concerning the power of Pears in Parliament Fol. 275 Sir John Hollands speech Fol. 281 Sir Edward Hales speech Fol. 284 Sir Johns Wrayes speech concerning the Commons Fol. 288 Sir John Wrayes second speech Fol. 290 Preamble with the Protestation Fol. 300 Bill of Attainder against the Earl of Strafford Fol. 303 Vicount Newarks fiâ—st speech for the right of Bishops Fol. 305 His second speech for their Temporall affaires Master Peards against the oath Exofficio Fol. 313 Master Speakers letter to Sir Jacob Ashley Fol. 315 Articles against the Bishop of Bath and Wells Fol. 318 Sir B. Ruddyers speech Fol. 3â—6 His Speech concerning the Queenes Joynture Fol. 317.321 Lord Andevers speech concerning the Star-Chamber An order May 10 1641. that no English shall frequent the Ambassadors to hear Masse Lord Finch his Lletter to the Lord Chamberlain Fol. 324 Lord Keepers speech to his Majesty in the name of both the Houses Fol. 325 Declaration of the Scots touching the maintenance of their Army Fol. 326 The humble Remonstrance delivered by the Lord Keeper Fol. 528 The Earl of Straffords Letters to his Majesty Fol. 332 Eâ—â—l of Straffords Petition before be died to both Houses Fol. 225 The Lord Falklands first speech in Parliament Fol. 336 Sir Jo. Culpeppers speech Fol. 342 Mr. Bagshawes speech 7 No. 1640. Fol. 545 Petition of the Earl of Straf for examination of witnesses Fol. 343 Order concerning the prices of Wine Fol. 350 Sir Tho. Rowes speech concerning Bâ—asse mony Remonstrance of the Parliament in Ireland Fol. 321 A Message from the House of Commons to his Majesty His Majesties answer Fol. 328 Vote concerning the Cannons Ibidem Order concerning Monopolies Fol. 329 Order against Monopolies Ibidem The Scottish Commissioners thanks to his Majesty Fol. 330 The humble Remonstrance of the Mr. Wardens of Vintners Ibidem Petition of Oxford Fol. 383 Sergeant Glanvils speecd Fol. 388 Secretary Windebancks Letter to the Lord Chamberlain Fol. 393 Lord Andevers speech concerning pacification Fol. 327 An Order against drinking on the Sabbath day Fol. 401 Sir John Wrayes occasionall speeches 1 Concerning Religion Fol. 401 2. Vpon the Scottssh treaty Fol. 403 3. Impeachment of the Lord Strafford Fol. 404 4. Vpon the Strafford 〈◊〉 knot Fol. 406 5. Vpon the same 〈…〉 6. A seasâ—nable 〈◊〉 or a loyall Covenant Fol. 408 Mr. Hidâ—â— Argument Fol. 409 Mr. White câ—â—cerning Episcopacy Fol. 417 Cities second â—â—tition The Kentish Petition Sir John Wrayes ninth speech Lord Digbies speech Fol. 455 Mr. Pyms speech Fol. 458 Sir Thomas Barringtons speech Accusation of Sir George Ratcliffe Fol. 504 The charge of the Scottish Commissioners against Canterbury Fol. 505 Sir Henry Vanes speech against Bishops The Charge of the Scotch Commissioners against the Lievtenant of Ireland Fol. 519 The Scotch Commissioners demand concerning the sixâ—h Article Fol. 525 The English Peeres demand concerning the preceding Articles Fol. 531 The Scotch Commissioners answer to the demand Ibid. Captain Audley Mervins speech concerning the Judicature of the Parliament The Speakers speech at the presenting of the bill of Tunnage and Poundage His Majesties speech concerning it Mr. Pyms Relation of the
whole matter of my Lord of Stafford Mr. St. Johns Argvment The KINGS Majesties First Speech in Parliament the third of November 1640. My Lords THe knowledge I had of the desires of my Scottish Subjects was the cause of my calling the last Assembly of Parliament wherein had I beene beleeved I sincerely thinke that things had not fallen out as now we see But it is no wonder that men are so slow to beleeve that so great a sedition should be raised on so little ground But now my Lords and Gentlemen the honour and safety of this Kingdome lying so neerely at the stake I am resolved to put my self freely and cleerly on the love and affections of my English Subjects as these of my Lords that did wait on me at York very well remember I there declared Therefore my Lords I shall not mention mine own interest or that support I might justly expect from you till the common safety be secured though I must tell you I am not ashamed to say those charges I have been at have been meerly for the securing and good of this Kingdome though the successe hath not been answerable to my desires Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdome wherein their are two parts chiefly considerable First the chastifing out of the Rebells And secondly that other in satisfying your just grievances wherein I shall promise you to concurre so heartily and cleerely with you that all the World may see my intâ—ntions have ever beene and shall be to make this a glorious and flourishing Kingdome There are only two things that I shall mention to you First the one is to tell you that the Loane of money which I lately had from the City of London wherein the Lords that waited on me at Yorke assisted me will only maintain my Armie for two moneâ—hs from the beginning of that time it was granted Now my Lords and Gentlemen I leave it to your considerations what dishonour and mischiefe it might be in case for want of money my Armie be disbanded before the Rebells be put out of this Kingdome Secondly the securing the calamities the Northern people endure at this time and so long as the treaty is on foot And in this I may say not only they but all this Kingdome will suffer the harme therefore I leave this also to your consideration for the ordering of these great affairs whereof you are to treat at this time I am so confident of your love to me and that your care is for the honour and safety of the Kingdome that I shâ—ll freely and willingly leave to you where to begin only this that you may the better know the state of all the Affairs I have commanded my Lord Keeper to give you a short and free accompt of these things that have happened in this interim wiâ—h this Protestation thaâ— if this accompt be not satisfactory as it ought to be I shall whensoever you desire give you a full and perfect accompt of every particular One thing more I desire of you as one of the greatest means to make this a happy Parliament That you on your parts as I on Mine lay aside all suspition one of another as I promised my Lords at Yorke It shall not be my fault if this be not a happie and good Parliament The Kings speech in Parliament the fift of November 1640. My Lords I do expect that you will hastily make relation to the House of Commons of those great affairs for which I have called you hither at this time and for the trust I have reposed in them and how freely I put my selfe on their love and affections at that time and that you may know the better how to do so I shall explaine my selfe concerning one thing I spake the last day I told you the Rebells must be put out of this Kingdome it 's true I must needs call them so so long as they have an Armie that do invade us and although I am under treaty with them and I under my great Seale do call them Subjects and so they are too but the state of my Affairs in short is this It 's true I did expect when I did will my Lords and great ones at Yorke to have given a gracious answer to all your grievances for I was in good hope by their wisedomes and assistances to have made an end of that businesse but I must tell you that my Subjects of Scotland did so delay them that it was not possible to end there Therefore I can no wayes blame my Lords that were at Rippon that the treaty was not ended but must thanke them for their pains and industry and certainly had they as much power as affections I should by that time have brought these distempers to a happy period so that now the treaty is transported from Rippon to London where I shall conclude nothing without your knowledge and I doubt not but by your approbation for I do not desire to have this great work done in a corner for I shall lay open all the steps of this mis-understanding and causes of the great differences between Me and my Subjects of Scotland And I doubt not but by your assistance to make them know their duty and also by your assistance to make them return whether they will or no. The Kings Speech to both the Houses Ianuary 25. 1640. My Lords THe Knights Citizens Burgesses The principall cause of my comming here at this time is by reason of the slow proceedings in Parliament touching which is a great deale of inconvenience Therefore I think it very necessary to lay before you the state of my affairs as now they stand therby to hasten not interrupt your proceedings First I must remember you that there are two Armies in the Kingdome in a manner maintained by you the very naming of which doth more cleerly shew the inconvenience thereof then a better tongue then mine can expresse Therfore in the first place I shall recommend unto you the quick dispatch of that businesse assuring you that it cannot rest upon me In the next place I must recommend unto you the State of my Navie and Forts the condition of both which is so well known unto you that I need not tell you the particulars only thus much they are the Walls and defence of this Kingdome which if out of order all men may easily judge what incouragement it will be to Our enemies and what disheartning to our friends Last of all and not of the least to be considered I must lay before you the distractions that are at this present occasioned through the cause of Parliament for there are some men that more maliciously than ignorantly will put no difference betweene Reformation and alteration of government Hence it commech that divine Service is irreverently interrupted and Petitions in an ill way given in neither disputed nor denied But I will enter into no more particulars
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
keeping a foot his Maiesties Armie without this great Assembly which yet they all held fit should not be disbanded were much startled at the demand of maintenance for an Armie that was not the Kings and which they did wish could not continue But my Lords as under that name they could not hear it yet they tooke into consideration the miserable condition of Northumberland the Bishopricke of Durbam and Newcastle They tooke into consideration too the Counties of Cumberland and Westmerland which if the Scottish Armie should enter were scarce able at this time to defend it selfe and it were inconvenient to bring the Kings Armie thither Nay their Lords were satisfied that the County of Yorke was in danger and that not to be prevented but by a battell if the Scots came on with an Armie and my Lords were loath where there were such ods so many twenties to one that a battell should be adventured And if the County of Yorke should be in danger we might quickly foresee how the danger might run over the whole Kingdome And my Lords as well as those that remained at Yorke as those at Rippon having received complaints from the Bishop of Durbam Northumberland and Newcastle and the Maior of Newcastle being imprisoned and some of his Brethren as was represented unto them kept without fire or candle and of divers wastes and spoyles done in the Countrey My Lords did thinke fit that since the Counties of Northumberland the Bishoprick of Durbam and Newcastle had already made a composition and agreement that they would at last ratifie and confirm the composition and agreement so as there might be a cessation of Arms and acts of hostility and that they which had fled from their dwellings in those Counties might returne in safety My Lords for these reasons thought it fit for the present to give way unto them rather than to bazard so great calamitie and affliction that would have fallen on those Counties hereupon they did conclude for 850. pound by day and this to continue for two moneths if the treaty before tooke not effect the two Moneths to begin from the 16th of October then they took Articles for cessation of Arms. So as now the state and condition of things as they were acted I have shortly and summarily delivered to you I dare not adventure upon too many particulars least my memory should faile and if I have not done his Maiesties command I beg his Maiesties pardon And my Lords of what weight and importance this is to the whole Kingdome what deepe consideration it requires in our affections what unsuspected and insuspected affections had we need bring with us is easie to judge It is his Maiesties pleasure that you of the House of Commons repaire to your owne House to chuse your Speaker whom his Maiesty expects you will present to him on Thursday next at two of the clock in the afternoone Mr. SPEAKER his Speech to his Maiesty in the High Court of Parliament the fifth of November 1640. Most gracious and dread Soveraigne IN all submissive humblenesse the Knights Citizens and Burgesses of the house of Commons are here assembled who taking along with them your gracious inclination have according to their ancient liberties designed me their Speaker Whereas I cannot but lament to thinke how great a mist may overcast the hopes of this sessions yet a note of favour to mee who cannot but judge my selfe unfit for so great imployment which so appeares to the whole World Many there bee of deepe judgement and sad experience that might have added lustre to this action an expedition to the worke if they had pleased to have left me in that meane condition they found me Non mihitacuisse nocet Nocet esse locutum And then might your Sacred and pious intentions have had their full advancement But is it yet too late may I not appeale to Cesar Yes I may and in the lowest posture of humilitie I humbly beseech your sacred Majesty to interpose your royall authority to command a review of the house for there were never more then now fitted for such imployments My Lord Keeper approves of him by his Majesties direction Then he goes on It pleaseth not your Sacred Majestie to vouchsafe a change Actions of Kings are not to bee by mee reasoned Therefore beeing imboldened by this gracious approbation give me leave a little Dread Soveraigne to expresse my owne thoughts unto our gracious Lord the King I see before my eyes with admiration the Majestie of great Brittaine the Glory of times The History of honour CHARLES the first in his forefront placed by dâ—scent of antiquitie Kings setled by a long succession and continued to us by a pious and peacefull government On the one side the Monument of Glory the Progenie of valiant and puissant Princes the Queenes most Excellent Majestie On the other side the hopes of posterity and joy of this Nation those Oliva branches set round your tables Emblems of peace to posterity Here shine those Lights and Lamps placed in a Mount which attend your sacred Majesty as supreame head and borrow from you the Splendor of their government There the true state of Nobility figures of prowesse and Magnanimity fitted by their long contracted honour in their blood for the Counsell of Princes In the midst of those the Reverend Iudges whither both parties as to the Oracles of Iudgment and Iustice may resort Cisternes that hold faire waters wherein each deviation each wrinkle is discernable and from thence as from the Center each crooked line ought to be levelled The footstoole of your Throne is fixed there which renders you glorious to all posteritie Here wee the Knights Citizens and Burgesses of the Commons house at your royall feete contracted from all parts of your Kingdome Ensignes of obedience and humility all these united by the law equally distributed which cements this great body to the obedience of your sacred Majesty And compells aswell the hearts as the hands to contribute for the preservation of your Majestie and the Common interest Dissipates the Invaders of the Church and common wealth and discovers the Impostures but give me leave dread Soveraigne knits the Crowne to the Sacred Temples and frees Majesty from the Interpretation of misdoing Amongst these this great Counsell is most soveraigne against the distempers of this Nation Were they infested at Sea troubled at home or invaded from abroad here was the Sanctuary of refuge hither was the resort and no other way found for a foundation of peace It is reported of Constantine the great that he accompted his Subjects purse his Exchequer and so it is Subtile inventions may pick the purse but nothing can open it but a Parliament which lets in the eye of Soveraignty upon the publicke maladies of the State and vigilancy for the preservation of our ancient Liberties for this wee neede not search into Antiquity looke but a little backe there wee shall see our just liberties graciously confirmed by
holy Church and of his grace and bounty he will confirme all those liberties priviledges and rights granted and given by him and his noble Progenitors to the Church by their Charters which plainly sheweth that they have their Episcopall Jurisdiction from the Kings of England and not Iure divino by divine right and this likewise is acknowledged by themselves in the Statute of 37. H. 8. cap. 17. that they have their Episcopall jurisdiction and all other Ecclesiasticall jurisdiction whatsoever solely and onely by from and under the King The second thing that is trenching upon the Crowne is this that it is holden at this day that Episcopacy is inseparable to the Crowne of England and therefore it is commonly now said No Bishop no King no Miter no Scepter which I utterly deny for it is plaine and apparant that the Kings of England were long before Bishops and have a subsistance without them and have done and may still depose them The third is likewise considerable as trenching upon the Crowne which is that was said under the Gallery that Episcopacy was a third estate in Parliament and therefore the King and Parliament could not be without them This I utterly deny for there are three estates without them as namely the King who is the first estate the Lords Temporall the second and the Commons the third and I know no fourth estate Besides the Kings of England have had many Parliaments wherein there have beene no Bishops at all as for example Ed. 1.24 of his reigne held his Parliament at Edmundbury excluso Clero and in the Parliament 7. R. 2. c. 3. 7. R. 2. c. 12. it doth appeare that they were enacted by the King with the assent and agreement of the Lords Temporall and Commons where the estates of Parliamen are mentioned and not the Clergie Divers other statutes might likewise be named to this purpose which I omit The fourth and last thing is of the Bishops holding of the Ecclesiasticall Courts in their owne names and not in the name of the King nor by Commission from him contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Bishop Ridley Coverdale and Ponnet who tooke Commissions from the KING for holding their Ecclesiasticall Courts as may be seene at this day in the Rolles And although it will be objected that by a late Proclamation in the yeare of our Lord God 1637. wherein the opinion of the Iudges mentioned it is declared upon their opinion that the act of 1 Edw. 6. was repealed and that Bishops may now keep Courts in their owne names and send processe under their owne Seales yet it is well knowne that the Statute of 1 Q. Mary which repealed the Statute of 1 Ed. 6. was it selfe repealed by the Statute of 1 Iac. cap 25. Whereupon it was holden upon a full debate of this poynt in Parliament 7 Iac. which I have seene that upon consideration of the Statutes of 1 Iac. and 1. Eliz. cap 1. and 8 Eliz. cap. 1. that the Statute of 1 Ed. 6. was revived and that Bishops ought not to keepe Courts in their owne names So that for these reasons so nearely concerning the right of the Crowne of England in the poynt of Episcopacy I am against the proposall of that question and am for the retaining of the London Petition and for a thorow Reformation of all abuses and grievances of Episcopacy mentioned in the Ministers Remonstrance which Reformation may perhaps serve the turne without alteration of the Government of England into a forme of Presbytery as it is in other Kingdomes of Scotland France Genâ—va and the Low Countries which for mine owne part had I lived in these Kingdomes I should have bin of the opinion of the Protestant party in point of Presbytery because those Kingdomes are governed by the Civill Law which maintaines the jurisdiction of the Pope and Papall Episcopacy which the ancient Lawes of England condemne being likewise in themselves opposite to the Civill and Canon Lawes And if notwithstanding all the Reformation that can be made by the Lawes of this Land a better forme of government may evidently appeare to us concerning which there is no forme now before us it is to be taken by us into consideration according to that imperiall Constitution in these words In rebus nobis constituendis evidens utilitas esse debet ut ab eo jure recedatur quod diu aequum visum est And so Mr. Speaker I shortly conclude that for these Reasons omitting divers more the London Petition is to be retained The Speeches of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker WEe are here assembled to doe Gods businesse and the Kings in which our owne is included as wee are Christians as wee are Subjects Let us first feare GOD then shall wee honour the King the more for I am afrayd wee have beene the lesse prosperous in Parliaments because wee have preferred other matters before Him Let Religion be our Primum Quarite for all things else are but Etcaetera's to it yet we may have them too sooner and surer if wee give God his precedence We well know what disturbance hath been brought upon the Church for vain petty trifles How the whole Church the whole Kingdome hath beene troubled where to place a Metaphor an Altar Wee have seene Ministers their Wives Children and Families undone against Law against Conscience against all Bowells of Compassion about not dancing upon Sundayes What doe these sort of men think will become of themselves when the Master of the house shall come and finde them thus beating their fellow servants These Inventions were but Sives made of purpose to winnow the best men and that 's the Devills occupation They have a minde to worry preaching for I never yet heard of any but diligent preachers that were vext with these and the like devices They despise prophesie and as one said They would faine be at something were like the Masse that will not bite A muzzl'd Religion They would evaporate and dis-spirit the power and vigour of Religion by drawing it out into solemne specious formalities into obsolete antiquated Ceremonies new furbish'd up And this belike is the good worke in hand which Dr. Heylin hath so often celebrated in his bold Pamphlets All their Acts and actions are so full of mixtures involutions and complications as nothing is cleare nothing sincere in any of their proceedings Let them not say that these are the perverse suspitious malicious interpretations of some few factious Spirits amongst us when a Romanist hath bragged and congratulated in print That the face of our Church begins to alter the Language of our Religion to change And Sancta Clara hath published That if a Synod were held Non intermixtis Puritanis setting Puritanes aside our Articles and their Religion would soone be agreed They have so brought it to passe that under the name of Puritans all our Religion is branded and under
into the mouth of the Prophet to Abab to speak delusions to subvert the host of God The most vehement and trayterous encounter of Sathan is lively deci hered in the true example of Job where first I observe the dismologie he overthrowes not Jobs Magna Charta he dâ—sseizes him not of his inheritance nor dispossesses him of his Leases but only disrobes him of some part of his personall estate when he proceeds to infringe Jobs liberty he doth not pillorie him nor cut off his ears nor bore him through the tongue he only spots him with some ulcers here Sathan stains when these persons by their traiterous combinations envie the very bloud that runs unspilt in our veines and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the lives of the Subjects by their arbitrary Judicature I would not my Lords be understood to impute to the Judges and infallibilitie of error nor in impeaching these to traduce those whose candor and integrity shine with more admired lustre then their white furres who like trophees of virgin-justice stood fixt and unmov'd in the rapid torrent of the times while these like strawes and chips plai'd in the streams untill they are devolv'd in the Ocean of their deserved ruine No my Lords humanum est errare and the Law allowes Writs of Error and arrest of Judgement but where there is crassa ignorantia against their Oath against the Fundamentall Elementary and known Lawes of the Kingdome Nay my Lords where it is rather praemeditaâ—a malitia where there is an emulating policie who should raze and embessell the Records in the practique that are for the tender preservation of our liberties estates and lives seeking only to be glorious in a nationall destruction as if their safety were only involved in our ruine there I have command to pitty but not excuse them To kill a Judge quatenus a Judge is not Treason but to kill a Judge sitting in the place of Iudicature is Treason not for that the Law intends it out of any malice against the party but for the malice against the Law where then can an intensive or an extensive malice be exprest or implyed against the Law then the practicall dialect of these persons impeach't speaks with a known and crying accent The Benjamites slang stones with their left hands yet they would not misse a hairs breadth these extrajudiciall proceedings are slung with the left I meane they are sinistrious and imprint their blacke and blew marks more certaine and more fatall for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable body of Iudicature should swell up into such a vast and ulcerous dimension but why should I considering this excentrick motion of the body of the Law had his birth obscure resembling the tares that were sowed in the night time but here is the difference they were sowne by the enemy in the absence of the Master but these are sowne by the Grand-masters themselves purposely to overtop and choak the expected Harvest Innovations in Law and consequently in government creep in like heresies in Religion slily and slowly pleading it the end a sawcy and usurp't legitimacy by uncontrol'd prescription My Lords this is the first sitting and I have onely chalked out this deformed body of high Treason I have not drawn it at length least it might fright you from the further view thereof in conclusion it is the humble defire of the Commons that the parties impeached may be secured in their persons sequestred from this House from the Counsell Table and all places of Iudicature as being Civiliter mortui that they may put in their answers to the Articles ready now to be exhibited against them and that all such further proceedings may be secretly expedited as may be sutable to Iustice and the precedents of Parliaments so his Majesty may appeare in his triumphant goodnesse and indulgency to his people and his people may be ravisht in their dutifull and cheerefull obedience and loyalty to his Maiesty your Lordships may live in Records to Posterity as the instrumentall reformers of those corrupted times and that the Kingdome and Common-wealth may pay an amiable sacrifice in retribution and acknowledgement of his Maiesties multiplyed providence for our preservation herein Articles of the Knights Citizens and Burgesses in the Parliament assembled against Sir Ric Bolton Kt. Lord Chancellor of Ireland John Lord B. of Derry and Sir Gerard Lowther Kt. L. Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Kt. in maintenance of the accusation whereby they and every of them stand charged with high Treason FIrst that they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John L. Bishop of Derry Sir Ger. Lowther Kt. Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight intending the destruction of the Common-wealth of this Realm have trayterously confederated and conspired together to subvert the Fundamentall Laws and Government of this Kingdom and in pursuance thereof they and every of them have trayterously contrived introduced and exercised an arbitrary and tyrannicall Government against Law thorowout this Kingdom by the countenance and assistance of Thomas Earl of Strafford then chief Governour of this Kingdom II. That they and every of them the said Sir Richard Bolton Kt. L. Chancellor of Ireland John L. Bishop of Derry Sir Gerard Lowther Kt. L. chief Justice of the Common Pleas and Sir George Radcliffe Kt. have trayterously assumed to themselves and every one of them regall power over the goods persons lands and liberties of his Majesties Subjects in this Realm and likewise have maliciously perfidiously and trayterously given declared pronounced and published many false unjust and erroneous opinions Judgements Sentences and Decrees in extrajudiciall manner against Law and have perpetrated practised and done many other trayterous and unlawfull acts and things whereby as well divers mutinies seditions and rebellions have been raised as also many thousands of his Majesties liege people of this Kingdom have been ruined in their goods lands liberties and lives and many of them being of good quality and reputation have been utterly defamed by Pillory mutilation of members and other infamous punishments By means whereof his Majesty and the Kingdom have been deprived of their service in Juries and other publike imployments and the generall trade and traffique of this Island for the most part destroyed and his Majesty highly damnified in his customes and other revenues III. That they the said Sir Rich. Bolton John L.B. of Derry Sir Ger. Lowther K. and Sir G. Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other trayterous courses have laboured to subvert the rights of Parliament and the ancient course of Parliamentary proceedings all which
in the North yet I dwell in England Sir BENJAMIN RUDYERDS Speech concerning the QUEENS Joynture Jan. 1640. Mr. SPEAKER GOD hath blessed the Queens Majestie with a blessed Progeny already whereby she hath relieved and fortified this Kingdome which may put us in minde in a fit time to provide according to their birth and interest Shee is the daughter of a great and famous King she is the wife of our King which to us includes all expressions But in one thing Mr. Speaker her Majestie is singular in that she is the Mother to the greatest Prince that hath beene borne amongst us above these hundred yeers which cannot but work a tendernesse in us The Queene likewise may be another Instrument of happinesse to us in her good affection to Parliaments by a good hansell in this And I beleeve we shall see effects of it for it neerly and wisely concernes her Majestie even in all the Relations that are most deare to her to contribute her best Assistance to Uphold the Government and greatnesse of the kingdome By which meanes also the king will be better enabled to make a further enlargement of his bounty towards her in some degree proportionable Wherefore Mr. Speaker it will become this House to shew our cheerfulnesse in passing of the Bill Articles against Doctor Piercie Bishop of Bath and Wells exhibited by Mr. James Minister within his Diocesse 1 HEE hath Ex officio convented mee before him for having two Sermons preached in my Church on Michaelmas day to the great disturbance hinderance of the sale of the Church Ale as his Lordship pretended and further examined me upon Oath whether I had not the said Sermons preached for the same purpose and intent admonishing me for the future neither to preach my selfe nor suffer any other to preach in my Cure in the afternoon of either the Lords-day or holy dayes 2 I heard him say to his Register That whereas Information had been given concerning certain Ministers that they expounded upon the Catechisme this Information was too narrow to catch them and therefore it should have runne thus that they Catechised or expounded upon the Catechisme Sermon-wise and then they would have been obnoxious to censure 3 At the meeting to elect Clerks of the Convocation he threatned to send forth Censures of the Church against all that would not pay in the Benevolence late granted in the late Synod within a fortnight after the second day of November last past And further at the said election his sonne gave eight single voyces two as Arch-Deacon of Bath two as Prebend of the Church of Wells two as Parson of Buckland Saint Mary two as Vicar of Kingsbury and many others also there present gave as many double voyces as they had Benefices and Dignities against which one Mr. Rosnell protested saying that it was illegall The Bishop replyed that they gave in severall capacities and thereupon commanded him silence saying that he was a young man 4. That upon the meer Information of Mr. Humphry Sydenham Rector of Buckington that in a certain Sermon Preached at the Visitation of the Arch Deacon of Taunton I bespattered the Clergie The Bishop summoned me before him down to Wells and there objected unto mee that I had preached a scandalous Sermon wherein I had cast some aspersions on some of the Clergy Upon which charge I proferd to bring in an exact Copy of the Sermon I preacht and to depose that I spake neither more nor lesse then was contained in the said Copy This the Bishop would not accept of saying that he would not have the Ministers who came to witnesse against mee troubled with a second journey One of my Proctors desired time till the next Court day for me to give in my answer the Bishop commanded him to hold his Peace and the other Proctor though he was retained by me had received a Fee never opened his mouth pretending unto me that because the Bishop was so highly displeased with mee he durst not appeare in my behalf being denyed time to give in my answer at the next Court day I desired respit untill the afternoon this also was denyed In fine contrary to the rules of their own Court he examined witnesses against me and proceeded to Censure me before he received my full answer he would not heare the answer which I could give to the Articles objected to me which I proferd to give and which he had by oath required me to give further by vertue of the oath he administred unto me he questioned me not only concerning matters of outward fact but also concerning my most secret thoughts intentions and aymes Moreover whereas the witnesses confessed that I only said in the foresaid Sermon that some put the Scriptures into a staged dresse the Bishop perswaded them that that expression was equivalent with the Article objected that some mens Sermons were Stage Playes and they by his perswasion swore down right that I saidsome mens Sermons were Stage Playes The Doctor made an Act and Order that I should make publique retractation which I refused to doe and appeald unto the Arches But upon either the Bishops or M. Sidenhams Information my Procter Hunt renounced my appeale and Sir John Lambe dismissed the same cause without hearing unto the Bishop againe 5 The Churchwardens of my Parish by order from the Bishop were enjoyned to turn the Communion Table and place it Altar-wise c. Now they that they might neither displease the Bishop nor transgresse against the Rubrick of the Liturgie made it an exact square Table that so notwithstanding the Bishops order the Minister might still Officiate at the North side of the Table M. Humphry Sydenham informed against this and upon Information the Bishop sent to view it and upon his view he certified the Bishop that it was like an Oyster Table whereupon the Bishop ordered the Churchwardens to make a new one 6 Upon M. Humphry Sydenhams Information that M. John Pym was a Parliamenteer the Bishop would not suffer me any longer to sojourn in his house although before such Information he gave me leave And when I demanded of some of his servants the reason why his Lordship had thus changed his minde they told me that his Lordship was informed by M. Sydenham that M. Pym was a Puritane The Lord Andevers speech in March 1640. concerning the Star-Chamber MY Lords since your Lordships have already looked so farre into priviledges of Peers as to make a strict inquisition upon forraign honours Let us not destroy that among our selves which we desire to preserve from strangers And if this greivance I shall move against have slept till now It is very considerable lest custome make it every day more apparent than other your Lordships very well know there was a Statute framed 3 Hen. 7. Authorizing the Chancellor Treasurer and Privy Seale and the two Chiefe Justices calling to them one Bishop and a temporall Lord of the Kings Councell to receive complaints
1640. Mr. Speaker IN this great and waighty cause we ought seriously to consider First what we our selves have done already in the accusation and impeachment of this great Earle of high Treason Secondly let us remember what we now are not only Parliament men but publick men and English-men As Parliament men let us follow the steps of our ancestours and be constant to that rule of Law which was their guide and should be ours As publick men forget not whom we here represent and by how many chosen and trusted As English men let us call to minde the undanted spirits stout hearts of those ancient Heroes from whom we are descended how free they were from Pusillanimity and how they scorned all Flattery and Slavery let us then now or never Mr. Speaker shew the same blood runs in our veines Thirdly let us be well advised what to doe if in case we shall be denied justice in this particular upon which depends not only the happinesse but the safety of this Parliament of this Kingdome of our selves and of our Posterities and this is my Aviso Upon the same Subject Aprill 9. 1641. Mr. Speaker TRuth is the daughter of time and experience the best Schoolmaster who hath long since taught many men and estates the sad and woefull effects of an half-done worke those convulsions and renting paines which the body of great Britain now feels shews us that the ill humours and obstructions are not yet fully purged nor dissolved Mr. Speaker God will have a through work done if in stead of redressing evils we think to transact all by removing of persons and not things well may we hush our troubles for a season but they will returne with a greater violence For believe it Mr. Speaker let us flatter our selves as we please a dim sighted eye may see that although we thinke we have now passed the equinoctiall of the Straffordian line and seem to have gone beyond Canterbury yet their faction and undermining agents of all Religions grow daily more and more powerfull and no doubt doe labour an extirpation of all Parliaments and men that will not think say and swear to their opinions and practice Have we not then Mr. Speaker a wolfe by the cares is there any way to goe Scot-free or wolfe-free but one then let us take and not forsake that old English Parliamentary Road which is Via tuta and will bring us safely to our journeys end that is my humble motion A seasonable motion for a loyall Covenant May 3. 1641. Mr. Speaker IF ever we intend to perfect and finish the great works we have begun and come to our journeys end let us take and sollow the right way which is Via tuta and that is in a word to become holy Pilgrims not Popish and to endeavour to be loyall Covenanters with God and the King first binding our selves by a Parliamentary and Nationall Oath not a Straffordian nor a Prelaticall one to preserve our Religion emire and pure without the least compound of Superstition or Idolatry next to defend the defender of the Faith his Royall person Crown and dignity and maintain our Soveraigne in his glory and splendor which can never be Eclipsed if the ballance of justice goe right and his laws be duly executed Thus doing Mr. Speaker and making Jerusalem our chiefest joy we shall be a blessed Nation and a happy People But if we shall let goe our Christian hold and lose our Parliament proofe and old English well-tempered mettle Let us take heed that our Buckler break not our Parliaments melt not and our golden Candlestick be not removed which let me never live to see nor England to feele the want of that is my prayer conclude my former motion Mr. Hides Argument before the the Lords in the upper House of Parliament April 1641. MY Lords I am commanded by the Knights Citizens and Burgesses of the House of Commons to present to your Lordships a great and crying grievance which though it be complained of in the present pressures but by the Northern parts yet by the Logick and Consequence of it it is the grievance of the whole Kingdome The Court of the Presidents and Councell of the North or as it is more usually called the Courts of York which by the spirit and ambition of the Ministers trusted there or by the naturall inclination of Courts to enlarge their own power and jurisdiction hath so prodigiously broken down the bankes of the first Councell in which it ran hath almost overwhelmed that Countrey under the Sea of Arbitrary power and involved the people in a Labyrinth of distemper oppression and poverty Your Lordships will give me leave not with presumption to informe your great understandings but that you may know what moved the House of Commons to their resolutions to remember your Lordships of the foundation and erecting this Court and of the progresse and growth of it Your Lordships well know that upon the suppression of all religious houses to such a value in the 27. yeere of H. 8. from that time to the thirtieth yeare of that Kings raigne many not fewer than six Insurrections and Rebellions were made in the Northern parts under pretence of that quarrell most of thē under the cōmand of some eminent person of that country the which being quieted before the end of the 13. year that great King well knowing his own minde and what he meant to doe with the great Houses of Religion in the year following for prevention of any inconvenience that might ensue to him upon such distemper in the 31. year of his reign granted a Commission to the Bishop of Landaffe the first President and others for the quiet government of the County of Yorke Northumberland Cumberland and Westmoreland the Bishoprick of Durham the County of the Cities of Yorke Kingston upon Hull and New-Castle upon Tyne But my Lords this Commission was no other then a Commission of Oyre and Terminer only it had a clause at the end of it for the hearing of all causes reall and person quando ambae partes vel altera pars sit gravata paupertate fuerit quod quomodo vis suum secundum legem Regni nostri aliter persequi non possit which clause how illegall soever for that it is illegall and void in Law little doubt can be made yet whether they exercise that part of the Commission at all or so sparingly exercised it that poore people found ease and benefit by it I know not but at that time I finde no complaint against it till the comming in of King James the Commission continued still the same and that in the first year of his Reigne to the Lord Sheffeild varied no otherwise from the former same onely it had reference to Instructors which should be sent though any new sent or no is uncertaine but we can finde none In June in the seventh yeare of the Reigne of King James a new Commission was granted to the same man the
but shew you a way of remedie by shewing you my cleer intentions and some marke that may hinder this good worke I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church and Common-wealth and consequently that all Courts of Justice may be reformed according to Law For my intentions is cleerly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth Moreover whatsoever part of my Revenue shall be found illegall or heavy to my Subjects I shall be willing to lay down trusting in their affections Having thus cleerly and shortly set down my intentions I will shew you some rubs and must needs take notice of some very strange I know not what terme to give them Petitions given in the name of divers Counties against the established government of the Church and of the great threatnings against the Bishops that they will make them to be but a Cipher or at least taken away If some of them have incroached too much upon the Temporaltie if it be so I shall not be unwilling these things should be redressed and reformed as all other abuses according to the wisdome of former times so farre I shall go with you no farther If upon serious debate you shall shew that Bishops have some Temporall Authority not so necessary for the government of the Church and upholding Episcopall Jurisdiction I shall not be unwilling to desire them to lay it down but this must not be understood that I shall any way consent that their voice in Parliament should be taken away for in all the times of my Predecessors since the Conquest and before they have enjoyed it I am bound to maintain them in i as one of the fundamentall Institutions of this Kingdome There is one other Rock you are on not in substance but in service and the forme is so essentiall that unlesse it be reformed will split you on that Rock There is a Bill lately put in concerning Parliaments The thing I like well to have frequent Parliaments but for Sheriffes and Constables to use my Authoritie I can no wayes consent unto But to shew that I desire to give you content in substance as well as in shew that you shall have a Bill for doing thereof so that it do not trench neither against my Honor neither against the ancient Prerogatives of the Crowns concerning Parliaments Ingeniously confesse often Parliaments is the fittest means to keep correspondencie betweene Me and my People that I doe so much desire To conclude now all that I have shewen you the state of my Affairs My own cleere intentions and the Rocks I would have you shun To give you all contentment you shall likewise finde by these Ministers I have or shall have about me for the effecting of these my good intentions which shall redouble the peace of the Kingdome and content you all Concerning the conference you shall have a direct answer on Monday which shall give you satisfaction The Kings speech to both Houses of Parliament in the Lords House at the passing of the Bill for a Trieniall Parliament the 16th of November 1640. MY Lords and you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with Me at the Banquetting House at Whitehall I did declare unto you two Rocks I wished you to eschew this is the one of them and of that consequence that I thinke never Bill passed here in this House of more favour to the Subjects then this is and if the other Rocke be as happily passed over as this shall be at this time I do not know what you can aske for ought I can see at this time that I can make any question to yeeld unto Therefore I mention this to shew unto you the sence that I have of this Bill and obligation as I may say that you have to me for it for hitherto to speake freely I have had no great incouragement to doe it if I should looke to the outward face of your actions or proceedings and not looke to the inward intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concernes your selves to amend and yet those things that meerly concernes the strength of this Kingdom neither for the State nor my own particular This I mention not to reproach you but to shew you the state of things as they are you have taken the Government almost in peeces and I may say it is almost off the hinges A skilfull Watchmaker to make cleane his Watch he will take it a sunder and when it is put together it will go the better so that he leave not forth then one pin in it Now as I have done all this on my part you know what to do on your parts and I hope you shall see cleerly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to me and this is the great expression of trust that before you do any thing for me that I do put such a confidence in you HIS MAJESTIES Letter to the Lords on the behalf of the Earle of Strafford sent by the PRINCE My Lords I Did yesterday satisfie the Justice of the Kingdome by passing of the Bill of Attainder against the Earle of Strafford but mercie being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfill the naturall course of his life in a close imprisonment yet so that if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of Publique businesse especially with me either by Message or Letter it shall cost him his life without further Processe This if it may be done without the discontentment of my People will be an unspeakable contentment to me To which end as in the first place I by this Letter do earnestly desire your approbation and to endeare it the more have chosen him to carry it that of all your House is most dear to me So I desire that by a conference you will endeavour to give the House of Commons contentment Likewise assuring you that the excuse of mercy is no more pleasing to me then to see both Houses of Parliament consent for my sake that I should moderate the severity of the Law in so important a case I will not say that your complying with me in this my intended mercie shall make me more willing but certainly t' will make me more cheerfull in granting your just grievances But if no lesse than his life can satisfie my People I must say fiat justitia Thus again recommending the consideration of my intentions to you I rest Whitehall the 11th of May 1641. Your unalterable and affetionate Friend CHARLES R. If he must dye it were charity to
proceedings of the Assembly of which if those that were Officers and Ministers there had been come to Town upon whose help I rested for my particular instruction I should have been better able to have given you an accompt And His Maiesty was pleased to let you know that when there was an occasion of any particular you may be satisfied in it According to His Maiesties command 24. of September all the Peeres were summoned all except some few did meet where His Maiesty was In the first place pleased to declare unto us His resolution to call a Parliament and to all our ioyes and contents as he hath now done it to yours and ours declared that there was nothing he did more desire then to be rightly understood of His people And whosoever he be that shall go about effect it I am sure he cannot to attempt or indeavour to alter this gracious declaration and resolution of His Maiesty or whosoever shall go about to poyson the hearts of His good Subiects with an opinion that it can be so or lesson the affection of His loving Subiects for certainly never Subiects of the world better loved their King then the English nor ever did ever English-men better love a King then now if I say there be any sucâ— may acurse and punishment fall up 〈◊〉 But â—et the Royall Throne be for ever Hâ—â— Majesty was then pleased to tell us the cause for which 〈◊〉 had called us together In the first place it was touching an answer to a petition that had bâ—en since his coming to York And before His assembly sent unto him from those His Subiects of Scotland that were at Newcastle The first thing that His Maiesty desired their advice in was â—â—e answer to that petition The next thing His Maiesty conceived And all that were there were of one opinion with one voyce and consent that it was not fit His Maiesty should disband His Army so long as the Scotch Army was on foot And His Maiesty wished them to take into their consideration what way to have maintenance for His Army in the mean time His Maiesty having opened the cause of calling them together was pleased to expresse himself that He would leave to the Lords their freedom of Debate and himself was ready to have been gone from the Councell but at the humble suite of the Lords he stayed And I am perswaded that nothing was of that ioy to them as His Maiesties presence with such freedome of discourse did every man deliver himself with such grace and sweetnesse did his Maiesty hear them and such content did they take in His moderating guiding and directing those Councells My Lords as holding it most necessary took the latter of those two considerations propounded by His Maiesty to their thoughts and that was the supplying and supporting His Maiesties Army till this Parliament might take some course in it His Maiesty and my Lords did declare themselves as before I have opened unto you that they could never attempt nor have the least thought to make by any Act or Order any thing tending to the Subiect but that it might be left wholly to the supream Jurisdiction And therefore not seeing any other way they resolved by letter to addresse themselves to the City of London And with their letters they sent half a dozen of my Lords My Lord Privy Seal my Lord of Clare who was appointed to go but his urgent occasions prevenâ—ed him Viscount Cambden Lord Coventry Lord Goring and _____ And these Lords they did expresse the joy and content they took in the Kings grace and confidence they had of His gracious assistance was such that they did freely offer themselves and as I dare say there is none but is yet ready to enter into security with His Maieâ—ty And the City gave an answer fit for the Chamber of the King and part of the money is already lent and will be ready I assure my self to supply the rest For the other part the first thing propounded by His Majesty was touching the answer that was to be given to that petition and to the demands of the Subjects in Scotland upon which occasion His Majesty was pleased by those great Officers and Ministers of His that knew best and understood the laws and usages of that Kingdome to expound their demands particularly and to make appear unto their Lordships upon every one wherein they had expounded the Articles of pacification which His Majesty ever desired might be the Square and Rule of the treaty with them My Lords tooke into consideration what was fit to be done for his Majesty then professed as he did oft and as he hath done it during the time of that Councell to be wholy ruled guided and directed by their advice f r the honor of this Nation and safâ—ty of it he did leave it to their wisedomes and considerations against whose advice and without whose judgements and advice he would do nothing My Lords howsoever they had received this information and explanation upon every particular of their demands yet in justice they thought it was fit to hear what could be said on the other side how the objection might be answered and what objection might be made by them against that which seemed to be plain enough For this purpose they were all of opinion and his Majesty was pleased to be of the same opinion that some Lords selected and trusted by that great Councell should Treate with those Subjects of Scotland upon all those particulars to the end that they might see what they did cleerly intend to the end that if a firm peace which was most desired from us might be had or a just Warre to be begun My Lords of the great Councell that were appointed for that purpose were the Earles of Bedford Hertford Essex Salisbury Warwick Bristow Holland and Barkeshire The Barons were the Lords Wharton Paget Rimbolton Brooke Pawlet Howard of Esaich Savile and Dunsmore After which choice some generall insurrections proceeding from the debate and discourses in that great Councell a Commission under the great Seale was given unto them to enable them to treate and conclude as they in their wisedomes and Judgements should thinke fit The place appointed for this treaty was at Rippon where the Lords Commissioners wanted the happinesse of that that they and we had at Yorke of his Maiesties presence And that might be the occasion that more time was spent in it then otherwise would have been yet my Lords omitted not their parts but were desirous to look into the depth to see the utmost extent of their demands But before those of Scotland could come to the maine treaty to explaine themselves touching their demands they made a preparatory demand of maintenance for their Armie and did go so high as to demand Forty thousand Pounds a moneth My Lords that were very unwilling to do any Act or make any order whatsoever as I have opened unto you for the sustenance maintenance and
the State may upon great reason thinke fit to alter Besides the bottomelesse perjury of an c. Besides all this Mr. Speaker men must sweare that they sweare freely and voluntarily what they are compelled unto and lastly that they sweare that Oath in the literall sence whereof no two of the makers themselves that I have heard of could never agree in the understanding In a word Mr. Speaker to tell you my opinion of this Oath it is a Covenant against the King for Bishops and the Hierarchy as the Scottish Covenants is against them onely so much worse then the Scottish as they admit not of the Supremacy in Ecclesiasticall affaires and we are sworne unto it Now Mr. Speaker for those particular heads of grievances whereby our Estates and Properties are so radically invaded I suppose as I sayd before that it is no season now to enter into a strict Discussion of them onely thus much I shall say of them with application to the Countrey for which I serve that none can more justly complaine since none can more justly challenge exemption from such burdens then Dorset shire whether you consider its a Countrey subsisting much by Trade or as none of the most populous or as exposed as much as any to Forraigne Invasion But alas Mr. Speaker particular lamentations are hardly distinguishable in Vniversall groanes Mr. Speaker it hath beene a Metaphor frequent in Parlamant and if my memory fayle me not was made use of in the Lord Keepers Speech at the opening of the last that what mony Kings raysed from their Subjects they were But as Vapors drawn up from the Earth by the Sunne to bee distilled upon it againe in fructifying showers The Comparison Mr. Speaker hath held of late yeares in this Kingdome too unluckily what hath bin raised from the Subject by those violent attractions hath beene formed it is true into Clouds but how to darken the Sunnes owne lustre and hath fallen againe upon the Land only in Hail-stones and Mildews to batter and prost rate still more and more our liberties to blast and wither our affections had the latter of these beene still kept alive by our Kings owne personall vertues which wil ever preserve him in spight of all ill Counsellours a sacred object both of our admiration and loves Mr. Speaker It hath beene often sayd in this House and I thinke can never be too often repeated That the Kings of England can do no wrong but thogh they could Mr. Speaker yet Princes have no part in the ill of those actions which their Judges assure them to be just their Counsellours that they are prudent and their Divines that they are conscientious This Consideration M. Speaker leadeth mee to that which is more necessary farre at this season than any farther laying open of our miseries that is the way to the remedy by seeking to remove from our Soveraign such unjust Judges such pernicious Counsellours and such disconscient Divines as have of late yeares by their wicked practises provoked aspersions upon the government of the graciousest and best of Kings Mr. Speaker let me not be mis-understood I levell at no man with a fore-layd designe let the faults and and those well proved lead us to the men It is the onely true Parliamentary method and the onely fit one to incline our Soveraigne For it can no more consist with a gracious and righteous Prince to expose his servants upon irregular prejudices then with a wise Prince to with hold Malefactors how great soever from the course of orderly justice Let me acquaint you M. Speaker with an Aphorisme in Hippocrates no lesse Authenticke I thinke in the body Politicke then in the Naturall Thus it is Mr. Speaker Bodies to be throughly and effectually purged must have their Humors first made fluid and mâ—oveable The Humours that I understand to have caused all the desperate maladies of this Nation are the ill Minister To purge them away clearely they must be first loosened unsetled and extenuated which can no way bee effected with a gracious Master but by truely representing them unworthy of his protection And this leadeth mee to my Motion which is that a select Committee may bee appointed to draw out of all that hath beene heere represented such a Remonstrance as may be a faithfull and lively representation unto his Majesty of the deplorable estate of this his Kingdome and such as may happily point out unto his cleare and excellent judgment the pernicious Authors of it And that this Remonstrance being drawne wee may with all speed repaire to the Lords and desire them to joyne with with us in it And this is my humble motion THE LORD DIGBIES SPEECH IN THE HOVSE OF Commons to the Bill for trienniall Parliaments Janu. 19. 1640. Mr. Speaker I Rise not now with an intent to speake to the frame and structure of this Bill nor much by way of answer to objections that may be made I hope there will be no occasion of that but that we shall concurre all unanimously in what concerneth all so Universally Onely Sir by way of preparation to the end that we may not be discouraged in this great worke by difficulties that may appeare in the way of it I shall deliver unto you my apprehensions in generall of the vast importance and necessity that wee should goe thorow with it The Result of my sense is in short this That unlesse for the frequent convening of Parliaments there be some such course setled as may not be eluded neyther the people can be prosperous and secure not the King himselfe solidly happy I take this to be the Vnum necessarium Let us procure this and all our other desires will effect themselves if this bill miscarry I shall have left me no publike hopes and once past I shall be freed of all publike feares The essentialnesse Sir of frequent Parliaments to the happinesse of this Kingdome might be inferr'd unto you by the reason of contraries from the wofull experience which former times have had of the mischievous effects of any long intermission of them But Mr. Speaker why should we clime higher then the levell we are on or thinke further then our owne Horizon or have recourse for examples in this busines to any other promptuary then our owne memories nay then the experience almost of the youngest here The reflection backward on the distractions of former times upon intermission of Parliament and the consideration forward of the mischiefes likely still to grow from the same cause if not remooved doubtlesly gave first life and being to those two dormant Statutes of Edward the third for the yearly holding of Parliament And shall not the fresh and bleeding experience in the present age of miseries from the same spring not to be paralleld in any other obtaine a wakening a resurrection for them The Intestine distempers Sir of former ages upon the want of Parliaments may appeare to have had some other cooperative causes as sometimes
under great penalties forbid all Parsons Vicars Curates Readers in Divinity c. to speake any other wayes of them then as they had defined by which meanes having seized upon all the Conduites whereby knowledge is convayed to the people how easie would it bee for them in time to undermine the Kings Prerogative and to suppresse the subjects liberty or both And now Sir I beseech you to consider how they have defined this high and great poynt they have dealt with us in matter of Divinity as the Judges had done before in matter of Law they first tooke upon them to determine a matter that belonged not to their Judicature but onely to the Parliament and after by their judgement they overthrew our propriety and just so have these Divines dealt with us they tell us that Kings are an Ordinance of God of Divine Right and founded in the prime Lawes of Nature from whence it will follow that all other formes of government as Aristocracies and Democracies are wicked formes of government contrary to the Ordinance of God and the Prime Lawes of Nature which is such new Divinitie as never read in any Booke but in this new Booke of Canons Mr. Speaker We all know that Kings and States and Iudges and all Magistrates are the Ordinances of God but Sir give mee leave to say they were the Ordinances of men before they were the Ordinances of God I know I am upon a great and high poynt but I speake by as great and as high a warrant if St. Peters chaire cannot erre as St. Peters Epistles cannot thus he teacheth us Submit your selfe to-every Ordinance of man for the Lords sake whether it bee to the King as supreame or to the Governour as to him that is sent by him c. Sir It is worthy noting that they are Ordinances of men but that they are to be submitted unto for the Lords sake and truely their power is as just and their subjects allegeance as due unto them though we suppose them to bee first ordinances of men and then confirmed and established by Gods Ordinance as if wee suppose them to bee immediate Ordinances of God and so received by men But there was somewhat in it that these Divines aimed at I suppose it was this If Kings were of Divine Right as the Office of a Pastor in the Church or founded in the prime Lawes of Nature as the power of a Father in a Family then it would certainly follow that they should receive the fashion and manner of their government onely from the Prescript of Gods Word or of the Lawes of Nature and consequently if there bee no Text neither of the Old nor New Testament nor yet any Law of Nature that Kings may not make Lawes without Parliaments they may make Lawes without Parliaments and if neither in the Scripture nor in the Law of Nature Kings be forbidden to lay taxes or any kind of impositions upon their people without consent in Parliament they may doe it out of Parliament and that this was their meaning they expresse it after in plaine termes for they say that Subsidies and taxes and all manner of ayds are due unto Kings by the Law of God and of Nature Sir if they bee due by the Law of God and of Nature they are due though there be no act of Parliament for them nay Sir if they bee due by such a right a hundred acts of Parliaments cannot take them away or make them undue And Sir that they meant it of Subsidies and aids taken without consent in Parliament is clearely that addition that they subjoyne unto it that this doth not take away from the Subject the propriety hee hath in his goods for had they spoken of Subsidies and aydes given by consent in Parliament this would have been a very ridiculous addition for who ever made any question whether the giving Subsidies in Parliament did take away from the Subject the propriety hee hath in his goods when as it doth evidently imply they have a propriety in their goods for they could not give unlesse they had something to give but because that was alledged as a chiefe reason against Ship-mens and other such illegall payments levied upon the people without their consent in Parliament that it did deprive them of their right of propriety which they have in their goods these Divines would seem to make some answer thereunto but in truth their answer is nothing else but the bare assertion of a contradiction and it is an easie thing to say a contradiction but impossible to reconcile it for certainely if it bee a true rule as it is most true quod meum est sine consensu meo non potest fieri alienum to take my goods without my consent must needes destroy my propriety Another thing in this first Canon wherein they have assumed unto themselves a Parliamentarie power is in that they take upon them to define what is Treason besides what is determined in the statute of Treasons They say to set up any coactive independent power is treasonable both against God and the King the question is not whether it bee true they say or no but whether they have power to say what is Treason and what not But now Sir that I am upon this point I would gladly know what kinde of power that is which is exercised by Arch-Bishops Bishops Deanes Arch-Deacons c. Coactive certainely it is all the Kingdome feeles the lash thereof and it must needs bee independant if it be jure Divine as they hold it for they doe not meane by an independant power such a power as doth not depend on GOD. Besides if their power be dependant of whom is it dependant not of the King for the Law acknowledgeth no way whereby Ecclesiasticall jurisdiction can bee derived from his Majestie but by his Commission under the great-Scale which as I am informed they have not I speake not of the High Commission but of that jurisdiction which they exercise in their Archiepiscopall Episcopall Archidaconall Courts c. and therefore if their owne sentence bee just wee know what they are and what they have pronounced against themselves But Sir it were worth knowing what they aimed at in that independent coactive power which they terme popular I will not take upon me to unfold their meaning but wee know Doctor Beale had a hand in the making of these Canons and if wee apply his Paraphrase to the Text it may give us some clearenesse I remember amongst other notes of his this was one that he did acknowledge the Kings Supremacy but would joyne unto him an assistant viz. the people meaning this House which being the representative body of the COMMONS of England and claiming as it is so a share in the Legislative power Doctor Beale calleth this a joyning of an assistant to the King in whom soly hee placeth the power of making Lawes and that it is but of grace that he assumeth either the Lords or Commons
which time the sayd Iustice Seate was called by adjournment the sayd Iohn Lord Finch then Lord Chiefe Iustice of his Majesties Court of Common Pleas and was one of the Iudges assistants for them he continued by further unlawfull and unjust practices to maintaine and confirme the said verdict and did then and there being assistant to the Iustice in Eyre advise the refusal of the traverse offered by the County and all their evidences but onely what they should verbally deliver which was refused accordingly IV. That hee about the Moneth of November 1635. hee being then Lord Chiefe Iustice of the Common Pleas and having taken an oath for the due administration of Iustice to his Majesties Liege people according to the Lawes and statutes of the Realme contrived in opinion in haec verba when the good and safety c. and did subscribe his name to that opinion and by perswasions threats and false suggestions did solicite and procure Sir Iohn Bramstone Knight then and now Lord Chiefe Iustice of England Sir Humfrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer Sir Richard Hutton Knight late one of the Iustices of his Majesties Court of Common Pleas Sir Iohn Denham Knight late one of the Barons of his Majesties Court of Exchequer Sir William lones Knight late one of the Iustices of the said Court of Kings Bench Sir George Crock then and now one of the Iudges of the said Court of Kings Bench Sir Thomas Trevor Knight then and now one of the Barons of the Exchequer Sir George Vernon Knight late one of the Iustices of the said Court of Common Pleas Sir Robert Barkley Knight then and now one of the Iustices of the said Court of Kings Bench Sir Francis Crawly Knight then and now one of the Justices of the said Court of Common Pleas Sir Richard Weston Knight then and now one of the Barons of the said Court of Exchequer some or one of them to subscribe with their names the said opinion presently and enjoyned them severally some or one of them secresâ— upon their allegeance V. That he the fifth day of Iune then being Lord Chiefe Iustice of the said Court of Common Pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba c. And that he contrived the said questions and procured the said Letter from his Majesty and whereas the said Iustice Hutton and Iustice Crook declared to him their opinions to the contrary yet hee required and pressed them to subscribe upon his promise that hee would let his Majesty know the truth of their opinions notwithstanding such subscriptions which neverthelesse he did not make knowne to his Majestie but delivered the same to his Majesty as the opinion of all the Iudges VI. That hee being Lord Chiefe Iustice of the said Court of Common Pleas delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money that hee the said Master Hampdâ—n upon the matter and substance of the case was chargeable with the money then in question a Coppy of which proceedings the Commons will deliver to your Lordships and did solicite and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden and after the said Baron Denham had delivered his opinion for Master Hampden the said Lord Finch repaired purposely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet and after the said Master Baron Denham had declared and expressed his opinion urged him to retract the said opinion which hee refusing was threatned by the said Lord Finch because hee refused VII That hee then being Lord chiefe Justice of the Court of Common Pleas declared and published in the Exchequer Chamber and westerne circuit where he went Judge that the Kings right to Ship-money as aforesaid was so inherent a right to the Crowne as an Act of Parliament could not take it away and with divers malicious speeches inveighed against and threatned all such as refused to pay Ship-money all which opinions contained in the foure five sixth Articles are against the Law of the Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which said resolutions and petition of right were well knowne to him and resolved and enacted in Parliament when he was Speaker of the Commons house of Parliament VIII That hee being Lord chiefe Justice of the Court of Common Pleas did take the generall practice of that Court to his private Chamber and that hee sent warrants into all or many shires of England to severall men as to Francis Giles of the County of Devon Rebert Renson of the County of Yorke Attorneys of that Court and to divers others to release all persons arrested on any utlawry about 40. shillings fees whereas none by Law so arrested can be bailed or released without Supersedeas under seale or reversall IX That hee being Lord Chiefe Iustice of the Court of Common pleas upon a pretended suit begun in Michaelmas Terme in the 11. yeare of his Majesties Reigne although there was no plaint or Declaration against him did notoriously and contrary to all Law and Iustice by threats menaces and imprisonment compell Thomas Laurence an Executor to pay 19 pound 12 shillings and likewise caused Richard Bernard being onely over-seer of the last Will of that Testator to bee arrested for the payment of the said Money contrary to the advice of the rest of the Iudges of that Court and against thâ— knâ—wne and ordinary course of Iustice and his said Oath and knowledge and denyed his Majesties Subjects the common and ordinary Iustice of this Realme as to Mr. Liâ—â—rick and others and for his private benefit endammaged and ruined the estates of very many of his Majesties Subjects contrary to his oath and knowledge X. That hee being Lord Keeper of the great Seale of England and sworne one of his Majesties Privie Counsell did by false and malicious slanders labour to incense his Majestie against Parliaments and did frame and advise the publishing the Declaration after the dissolution of the last Parliament All which Treasons and misdemeanors above mentioned were done and committed by the said Iohn Lord Finch Baron of Fordwich Lord Keeper of the great Seale of England and thereby he the aforesaid Finch hath trayterously and contrary to his allegiance laboured to lay Imputations and Scandalls upon his Majesties government and to alienate the hearts of his Majesties liege people from his Majestie and to set a division betweene them and to ruine and destroy his Majesties Realme of England for which they doe impeach him the said Lord Finch Baron of Fordwich Lord Keeper of the Great Seale of England of high Treason against our Soveraigne Lord the King his Crowne and Dignity of the misdemeanours above mentioned And the said Commons by Protestation saving to themselves the libertie of exhibiting at any time
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
point at him as the Center from whence our miseries doe grow Let the Petition be read and let us enter upon the worke The second Speech of Sir Edward Deering Mr. Speaker YOu have many private particular Petitions give me leave by word of mouth to interpose one more generall which thus you may receive Gods true Religion is violently invaded by two seeming enemies but indeed they are like Herod and Pilate fast friends for the destruction of truth I meane the Papists for the one part and our Prelating Faction for the other between these two in their severall progresse I observe the concurrence of some few parallells fit as I conceive to bee represented to this Honourable House First with the Papists there is a severe Inquisition and with us as it is used there is a bitter High Commission both these Contra fas in s are Iudges in their owne case yet herein their Inquisitors are better than our High Commistioâ—ers they for ought I ever heard doe not Savirâ— in suos punish for delinquents and offenders such as professe and practice Religion according as it is established by the Lawes of the Land where they live But with us how many poore distressed Ministers nay how many scores of them in a few yeares past have beene suspended degraded and excommunicated not guilâ—y of the breach of any established Lawes The Petitions of many are here with us more are comming all their prayers are in Heaven for redresse Downe therefore with these Money-changers They doe confesse Commutation of Penance and I may therefore most justly call them so Secondly with the Papists there is a Mysterious Artifice I meane their Index Expurgatorius whereby they clip the tongues of such witnesses whose evidence they doe not like To these I parallel our late Imprimators Licensers for the Presse so handled that truth is supprest and popish Pamphlets flie abroad Cum privilegio witnesse the audacious Libells against true Religion written by Cossens D we Heylin Pocklington Mead Shelford Swan Roberts and many more I name no Bishops but I adde c. Nay they are already growne so bold in this new trade that the most learned Labourers of our ancient and best divines must bee new corrected and defaced with a Delineatur by the supercilious penne of my Lords young Chaplaine fit perhaps for the Technicall Arts but unfit to hold the Chaire for Divinity But herein the Roman Index is better than our English Licences they thereby doe prove the current of their owne established Doctrines a point of wisedome but with us our Innovators by this Artifice do alter our setled Doctrines nay they doe subinduce poynts repugnant and contrary and this I doe affirme upon my selfe to prove One parallell I have more and that is this Amongst the Papists there is one acknowledged Pope supreme in honour over all and in power from whose judgement there is no appeale I confesse Mr. Speaker I cannot altogether match a Pope with a Pope yet one of the ancient Titles of our English Primate was Alterius orbis Papa but thus farre I can goe ex ore suo it iâ— in Print hee pleads faire for a Patriarchall and for such a one whose Iudgement he before hand professeth ought to be finall and then I am sure it ought to bee unerring put these two together and you shall finde that the finall determination of a Patriarch will want very little of a Pope and then we may say Munato nomine de te fabula narratur he pleadeth Popeship under the name of a Patriarch and I much feare the end and top of his Patriarchall plea may be as that of Cardinall Poole his Predecessour who would have two heads one Caput Regale the other Caput Sacerdotale a proud parallell to set up the Myter above the Crowne But herein I shall bee free and cleare if one there must be be it a Pope be it a Patriarch this I resolve upon for mine own choyce Procul a love procul a fulmine I had rather serve one as far as Tyber then to have him come to mee so neare as the Thames a Pope at Rome will doe mee lesse hurt than a Patriarch may doe at Lambeth I have done and for this third parallell I submit it to the wisedome and consideration of this grave Committee for Religion In the meane time I doe ground my Motion upon the former two and it is this in briefe That you would be pleased to select a sub-Committee of 4.6.8.9 or 10. at the most and to impower them for the discovery of the great numbers of oppressed Ministers under the Bishops tyranny for these ten yeares last past we have the complaints of some but more are silent some are patient and will not complaine others are fearefull and dare not many dead and many beyond the Seas and cannot complaine And in the second place that the sub-Committee may examine the Printers what Bookes by bad licence have beene corruptly issued forth And what good Bookes have beene like good Ministers silenced clipped or cropped The worke I conceive will not be difficult but will quickly returne into your hands full of weight And this is my Motion The third Speech of Sir Edward Deering Mr. Speaker THis Morning is designed for the consideration of the late Canons and the former and of that which the Clergy have mis-called a benevolence I shall for the present onely touch the first of them and that is the Roman Velites wht did use to beginne the Battaile so shall I but valitande and skirmish whilst the maine Battaile is setting forwards The Pope as they say hath a triple Crown answerable thereunto and to support it hee pretendeth to have a threefold Law 1. The first that is Ius divinum Episcopacy by Divine Right and this he would have you thinke to bee the Crowne next his head which doth circle and secure his power our Bishops have in an unlucky time entred their Plea and presented their title to this Crowne Episcopacy by Divine Right 2 The second is Ius humanum Constantii donativum the gift of Indulgent Princes temporall power this Law belongs to his second or middle Crowne this is already pleaded for by our Prelates in print 3. These two Crowne being already obtained The Pope claimes and makes the third himselfe and sets it highest upon the top This Crowne also hath its Law and that is Ius Canonicum This Canon Law is of more use unto his Popeship if once admitted than both the other Iust so our Prelates from the pretended Divinity of their Episcopacy and from the temporall power granted them by our Princes would now obtrude a new Canon Law upon us They have charged the Canons to the full and never fearing they would requoyle into a Parliament they have rammed a prodigious and ungodly Oath into them the illegality and invalidity of these Canons is manifested by one short question viz. what doe you call the meeting wherein they were made Mr.
else Projects and Monopolies are but leaking Conduit-pipes The Exchequer it selfe at the full st is but a Custome and now a broken one frequent Parliaments onely are the Fountaine And I doe not doubt but in this Parliament as wee shall bee free in our advises so shall wee be the more free of our purses that his Majestie may experimentally finde the reall difference of bâ—tter Counsells the true solid grounds of raising and establishing his Greatnesse never to be brought againe by Gods blessingâ— to such dangerous such desperate perplexities Mr. Speaker I confesse I have now gone in a way much against my Nature and somewhat against my Custome heretofâ—re used in this place But the deplorable dismall condition both of Church and State have so far wrought upon my judgement as it hath convinced my disposition yet am I not Vir Sanguinum I love no mans ruine I thanke God I neither hate any mans person nor envie any mans fortune onely I am zealous of a thorow Reformation in a time that exacts that extorts it Which I humbly beseâ—ch this House may bee done with as much lenity as much moderation as the publick safety of the King and Kingdome can possibly admit Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker IT will become us thankfully to acknowledge the prudent and painfull endeavours of my Lords the Peeres Commissioners intreating with the Scots in mediating with the King whereby God assisting wee are now probably drawing neare to a blessed peace His Majesty in his Wisedome and Goodnesse is graciously pleased to give his royall assent to their Acts of Parliament wherein the Articles of their Assembly are likewise included Insomuch as their Religion their Lawes their Liberties are ratified and established Besides their Grievances reliev'd and redress'd For which Wee use to give the King Money and are still ready to doe it This although it be a large yet it is not received as a full satisfaction Besides when They came into England they published in a Remonstrance That they would take nothing of the English but what they would pay for or give security We have defrayed them hitherto and are provided to doe it longer They did well remember that we assisted them in the time of their Reformation And it is not to be forgotten that we did beare our owne charges Concerning mutuall Restitution of Ships and Goods My Lords the Commissioners have very fairely and discreetly accommodated that particular already As for inferentiall consequentiall dammages such a Representation would but minister unacceptable matter of Difference and Contestation which amongst friends ought to be warily and wisely avoyded We could alleadge and truely too That Northumberland New-Castle and the Bishoprick will not recover their former state these twenty yeares Wee have heard it spoken here in this house by an understanding knowing member in the particular that the Coale-Mines of New-Castle will not bee set right againe for out hundred thousand pounds besides the over-price of Coâ—les which all the while it hath and will cast this City and 〈◊〉 parts of the Kingdome A great â—â—ale more of this nature might be rehearsed but I delight not to presse such renter stretched Arguments Let us on both sides rather thanke God by proceeding in the way he hath â—â—â—d before us and not wry his way to ours Time and his Blessing will repaire all our implicit Dammages with many prosperous explicite advantages They say that they doe not make any formall demand But they doe make a summe to appeare five hundred and foureteene thousand pounds more than 〈◊〉 gave the King at once Aportentous Apparition which shewes it selfe in a very dry time when the Kings revenue is totally exhausted his Debts excessively multiplied the Kingdom generally impoverished by grievous burthens and disordered Courses All this supply is to be drawne out of us onely without the least helpe from any of his Majesties other Dominions which to my seeming will be an utter draining of the people unlesse England bee Puteus inexhaustus as the Popes were wont to call it Notwithstanding Sir now that I have in part opened the state we are in though nothing so exactly as they have done theirs I shall most willingly and heartily affoord the Scots whatsoever is just Equitable and Honourable even to a convenient considerable round summe of Money towards their losses and expences That we may goe off with a friendly and handsome loos If they reject it we shall improve our Cause It was never yet thought Mr. Speaker any great wisedome over-much to trust a successeful Sword A man that walkes upon a rising ground the further he goes the larger is his Prospect Successe inlarges mens desires extends their ambition it breeds thoughts in them they never thought before This is naturall and usuall But the Scots being truely touched with Religion according to their profession that onely is able to make them keep their word for Religion is stronger and wiser than Reason or Reason of State Beyond all this Mr. Speaker the remarkable Traces of Gods wonderfull Providence in this strange worke are so many so apparant as I cannot but hope almost to beliefe That the same all-governing mercifull hand will conduct and lead us to a happy Conclusion will contract a closeâ— firmer union between the two Nations than any meere humane Policy could ever have effected which inestimable Ben fits to both in advancing the truth of Religion in exalting the greatnesse of the King in securing the peace of his Kingdomes against all Malicious Envious Ambitious opposites to Religion to the King to his Kingdomes wherein I presume all our desires and prayers doe meet Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker J Doe verily believe that there are many of the Clergie in our Church who doe think the simplicity of the Gospell too mean a vocation for them to serve in They must have a specious pompous sumptuous Religion with additionalls of Temporall greatnesse Authority Negotiation Notwithstanding they all know better than I what Fathers Schoolemen Councells are against their mixing themselves in secular affaires This Roman Ambition will at length bring in the Roman Religion and at last a haughty insolence even against supreame power it selfe if it bee not timely and wisely preâ—â—nted They have amongst them an Apothegm of their owne making which is No Miter no Scepter when wee know by deare experience that if the Mitre be once in danger they care not to throw the Scepter after to confound the whole Kingdome for their interest And Histories will tell us that whensoever the Clergie went high Monarchy still went lower If they could not make the Monarch the head of their owne Faction they would be sure to make him lesse witnesse one example for all The Popes working the Emperour out of Italy Some of ours as soone as they are Bishops adepto fine cessant Motus They will preach no longer
their office then is to governe But in my opinion they governe worse than they Preach though they preach not at all for wee see to what passe their government hath brought us In conformity to themselves They silence others also though Hierom in one of his Epistles saith that even a Bishop let him be of never so blamelesse a life yet he doth more hurt by by his licence then he can doe good by his example Mr. Speaker It now behooves us to restraine the Bishops to the duties of their Function as they may never more hanker after heterogeneous extravagant employments Not be so absolute so single and solitary in actions of Moment as Excommunication Absolution Ordination and the like but to joyne some of the Ministry with them and further to regulate them according to the usage of Ancient Churches in the best times that by a well-temper'd Government they may not have power hereafter to corrupt the Church to undoe the Kingdome When they are thus circumscribed and the publique secur'd from their Eruptions then shall not I grudge them a liberall plentifull subsistence else I am sure they can nevâ—â— be given to Hospitality Although the calling of the Clergie be all glorious within yet if they have not a large considerable outward support they cannot be freed from vulgar Contempt It will alwaies be fit that the flourishing of the Church should hold proportion with the flourishing of the Common-wealth wherein it is If we dwell in houses of Ceaar why should they dwell in skins And I hope I shall never see a good Bishop left worse than a Parson without a Gleab Certainly Sir this superintendencie of eminent men Bishops over divers Churches is the most Primitive the most spreading the most lasting Government of the Church Wherefore whilest we are earnest to take away Innovations let us beware wee bring not in the greatest Innovation that ever was in England I doe very well know what very many doe very servently desire But let us well bethinke our selves whether a popular Democraticall Government of the Church though fit for other places will be either sutable or acceptable to a Regall Monarchicall Government of the State Every man can say It is so common and knowne a Truth that suddaine and great changes both in naturall and Politick bodies have dangerous opperations and give mee leave to say that we cannot presently see to the end of such a consequence especially in so great a Kingdome as this and where Episcopacie is so wrap'd and involv'd in the Lawes of it Wherefore Mr. Speaker my humble Motion is that we may punish the present offenders reduce and preserve the Calling for better men hereafter Let us remember with fresh thankfulnesse to God those glorious martyr-Martyr-Bishops who were burn'd for our Religion in the times of Popery who by their learning zeale and constancy upheld and convey'd it downe to us We have some good Bishops still who doe Preach every Lords Day and are therefore worthy of double honour they have suffered enough already in the Disease I shall bee sorry we should make them suffer more in the Remedy 〈…〉 A message delivered from the Commons to the Lords of the Vpper House in Parliament by Mr. Pym Novemb. 11. 1640. My Lords THe Knights Citizens and Burgesses now assembled for the Commons in Parliament have received information of divers traiterous designes and practices of a great Peere of this House and by vertue of a command from them I doe here in the name of the Commons now assembled in Parliament and in the name of all the Commons of England accuse Thomas Earle of Strafford Lo. Lieutenant of Ireland of high Treason and they have commanded me further to desire your Lordships that he may be sequestred from Parliament and forthwith committed to prison They have further commanded mee to let you know that they will within a very few dayes resort to your Lordships with the particular Articles and grounds of this accusation And they doe further desire that your Lordships will thinke upon some convenient and fit way that the passage betwixt England and Ireland for his Majesties subjects of both Kingdomes may be free notwithstanding any restraint to the contrarie The Lord Lieutenant being required to withdraw and after a debate thereof called in kneeled at the Bar and after standing up the L. Keeper spake as followeth My Lord of Strafford THe House of Commons in their owne name and in the name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of high treason The articles they will within a very few dayes produce In the meane time they have desired of my Lords and may Lords have accordingly resolved that your Lordship shall be committed to safe custody to the Gentleman Vsher and be sequestred from the House till your Lordship shall cleare your selfe of the accusations that shall be laid against you Articles of the Commons assembled in Parliament against Thomas Earle of Strafford in maintenance of his accusation whereby he stands charged of High Treason 1. THat he the said Thomas Earle of Strafford hath traiterously endevoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and in stead thereof to introduce on Arbitrary and Tyrannicall Government against Law which hee hath declared by traiterous words counsels and actions and by giving his Majestie advice by force of Armes to compell his loyall Subjects to submit thereunto 2. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties Subjectâ— in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people 3. That the better to enrich and enable himselfe to goe thorow with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid 4. That he hath traiterously abused the power and authoritie of his government to the encreasing countenancing and encouraging of Papists that so hee might settle a mutuall dependance and confidence betwixt himselfe and that partie and by their help prosecute and accomplish his malicious and tyrannicall designes 5. That hee hath maliciously endevoured to stir up enmitie and hostilitie between his Majesties subjects of England and those of Scotland 6. That he hath traiterously broken the great trust reposed in him by his Majestie of Lieutenant Generall of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of bloud by dishonour and so great a losse of New-Castle his Majesties
Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots 7. That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentarie proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majestie to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crown and dignitie 8. And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant Generall of the Army there viz. His most excellent Majestie for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and everie the crimes and offences before set forth were done and committed and hee the said Earle was Lieutenant Generall of all his Majesties army in the North parts of England during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the libertie of exhibiting at any time here after any other accusation or impeachment against the said Earle and also of replying to the answers that hee the said Earle shall make unto the said articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations trials and judgements may be upon everie of them had and used as is agreeable to Law and Iustice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640 WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. 1. That he the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said Earle being president of the said Counsell on the 21. day of March a Commission under the great Seal of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suits debates controversies and demaunds causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said instructions it is directed that the said President and others therein appointed shall heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is diâ—ected that the said president and others therein appointed have power to examine heare and determine according to the course of proceedings in the Court of Chancery al manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold customary or coppy-holde as Leases and oter things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practise such Instructions nor haâ— they any such Instructions yet the said Earle in the moreth of May in the said 8. yeare and divers years following did put in practise exercise and use and caused to be used and put in practise the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disin-herit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Conier Darcy Sir Iohn Bourcher and divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall unjust power might be exercised with the greater licence and will did advise Counsell procure further directions in and by the said instructions to be given tha nâ— prohibition he granted at all but in cases where the said Counsell shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party performe the Decree and Order of the said Counsell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earle of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 yeare of his now Majesties Reigne to wit the last day of August then next following he the said Earle to bring his Majesties liege people into a dislike of his Majestie and of his Governement and to terrifie the Iustices of the Peace from executing of the Lawes He the said Earle beeing then President as aforesaid and a Iustice of Peace did publiquely at the Assises held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the Law in the presence of the Iustices sitting That some of the Justices were all for Law but they should finde that the Kings little finger should be heavier then the loynes of the Law 3. That the Realme of Ireland having been time out of minde anne xed to the Imperiall Crowne of England and governed by the same Lawes The said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into distike of his
that if shee refused to submit thereunto hee would imprison her and fine her five hundred pounds that if the continued obstinate hee would continue her imprisonment and douâ—le her fine every moneth by moneth whereof shee was enforced to relinquish her estate in the land questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earle of Strafford And the said Earle in like manner did imprison divers others of his Majesties Subjects upon pretence of disobedience to his orders and decrees and other illegall command by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudiciall course upon Paper Petitions to him preferred and no other cause legally depending 9 That the said Earle of Strafford the sixteenth day of February in the twelfth yeare of his now Majesties Reigne assuming to himselfe a power above and against Law tooke upon him by a generall Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellour or Chancellors to their severall Offices thereto to bee appoynted to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appeare before them or appearing should omit or denie to performe or undergoe all lawfull Decrees Sentences and orders issued imposed or given out against them them to commit and keep in the next Goal untill they should either performe such sentences or put in sufficient Baile to shew some reason before the Counsell Table of such their contempt and neglect and the said Earle the day and yeare last mentioned signed and issued a Warrant to that effect and made the like Warrant to send to all other Bishops and their Chancâ—llours in the said Realme of Ireland to the same effect 10 That the said Earle of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customes of the Merchandize exported out and imported into that Realme to be firmed to his owne use And in the ninth yeare of his now Majesties Reigne hee having then interest in the said Customes to advance his owne gaine and lucre did cause and procure the native commodities of Ireland to bee rated in the booke of Rates for the Customes according to which the Customes were usually gathered at farre greater values and prices than in truth they were worth that is to say every Hide at twenty shillings which in truth was worth but five shillings every stone of Wooll at thirteene shillings four-pence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which meanes the Custome which before was but a twentieth part of the true value of the commoditie was inhansed sometimes to a sift part and sometimes to a fourth and sometimes to a third part of the true value to the great oppression of the Subjects and decay of Merchandize 11 That the said Earle in the ninth yeare of his now Majesties reigne did by his owne will and pleasure and for his owne lucre restraine the exportation of the commodities of that Kingdome without his licence as namely Pipe-staves and other commodities and then raised great summes of money for licensing of exportation of those Commo ities and dispensation of the said restraints impose on them by which meanes the Pipe-staves were raised from foure pound ten shillings or five pound per thousand to ten pounâ— and sometimes eleven pound per thousand and other commodities were inhanced in the like proportion and by the same meanes by him the said Earle 12 That the said Earle being Lord Deputy of Ireland on the ninth day of Ianuary in the thirteenth yeare of his Majesties Reigne â—id then under colour to Regulate the Importation of Tobacco into the said Realme of Ireland issue a Proclamation in his Majesties Name prohi iting the importatiâ—n of Tobacco wâ— hâ—ut liceâ—ce of h m and the Counsell there from anâ— after the first day of May Anno Dom. 1638. after which restraint the said Earle notwithstan ing the said restraint caused divers great qâ—antitieâ— of Tobacco to bee imported to his owne use and fraughted divers ships with Tobacco which he â—mported to hi own use and that if any ship brought To acco intâ— any Port there the said Earle and his Agents used to buy the same to his owne use at their owâ—e price And â—f that the owners refused to let him have the same at under-values then they were not permitted to vent the same by which un ue meanes the Earle having gotten the whole Trade of Tobacco into his owne hands he sold it at great and excessive prizes such as he lâ—st to impose for hi owne profit And the more to assure the said Monopoly of Tobacco he the said Earle on the th ee and twentieth day of February in the thirteenth yeare aforesaid did issue another Proclamation commanding that none should put to sale any To acco by whole-sale from and after the last day of May then next following but what should be made up into Rolls and the same Sealed with two Seales by himselfe appoynted one at each end of the Roll. And such was not sealed to be seized appoynting sixe pence the pound for a reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should bee found to bee committed to Goale which last Proclamation was covered by a pretence for the restraining of the seale of unwholsome Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earle did rigorcusly put in execution by seizing the goods fining imprisoning whipping and putting the offenders against the same Proclamation on the Pillory as namely Barnaby Hubbard Edward Covena Iohn Tumen and divers others and made the Officers of State and Iustices of Peace and other Officers to serve him in compassing and executing these unjust and undue courses by which Cruelties and unjust Monopolies the said Earl raised 100000 li. per annum gain to himself And yet the said Earle though he inhanced the Customes where it concerned the Merchants in general yet drew down the impost formerly taken on Tobacco from sixe pence the pound to three pence the pound it being for his owne profit so to doe And the said Earle by the same and other rigorous and undue meanes raised severall other Monopolies and unlawfull exactions for his owne gaine viz. on Starch Iron-pots Glasses Tobacco-pipes and severall other commodities 13 That flaxe being one of the principall and native Commodities of that Kingdome of Ireland the said Earle having gotten great quantities thereof into his hands and growing on his owne Lands did issue out severall Proclamations viz. one dated the one and twentieth day of May in the eleventh of his Majesties raigne and the other dated the one and thirtieth day of January in the same yeare thereby prescribing and injoyning the working of Flaxe into Yearne and Thread and the ordering of the same
to the Lord Conttington then present said That this was a poynt worthy his Lordships consideration 27 That in or about the Moneth of August last he was made Lieutenant Generall of all his Majesties Forces in the Northerne parts against the Scots and being at York did in the Moneth of September by his owne authority and without any lawfull warrant impose a Taxe on his Majesties Subjects in the County of Yorke of eight pence perâ—iem for maintenance of every Souldier of the Trayned bands of that County which Summes of money hee caused to bee leavied by force And to the end to compell his Majesties Subjects out of feare and terrour to yeeld to the payment of the same He did declare that hee would commit them that refused the payment thereof and the Souldiers should be satisfied out of their estates and they that refused it were in very little better condition than of High Treason 28 That in the Moneth of September and October last he the said Earle of Strafford being certesild of the Scottish Army comming into the Kingdome and hee the said Earle of Strafford being Lieutenant Generall of his Majesties Armie did not provide to the defence of the Towne of New-Castle as he ought to have done but suffred the same to be lost that so hee might the more incence the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings kingdoms of England and Scotland in a Nationall and bloody Warre he did write to the Lord Conway the Generall of the Horse and under the said Earles command that hee should fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earle that his Majesties Armie then under his command was not of force sufficient to encounter the Scots by which advice of his hee did contrary to the duty of his place betray his Majesties Armie then under his command to apparent danger and losse All and every which Words Counsells and Actions of the said Earle of Strafford traiterously and contrary to his allegeance to our Soveraigne Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majesty and to set a division betweene them and to ruine and destroy his Majesties said Kingdomes For which they doe further impeach him the said Thomas Earle of Strafford of High Treason against our Soveraigne Lord the King his Crowne and Dignity The Earle of Bristowes Speech the 7th of Decemb. 1640. MAY this dayes Resolution be as happy as the Proposition which now moves me to rise seasonable and necessary for whether wee shall looke upon the King or the people it did never more behoove us the great Physitian the Parliament to effect a true consent towards all parts than now This debate carries with it a double aspect towards the Soveraigne and towards the Subject though both innocent both injured both to be cured In the representation of Injuries I shall crave your attention In the Cures I shall beseech your equall cares and better Iudgements surely in the greatest humility I speake it their illegall wayes are works and punishments of indignation The raising of Leavies strengthened by Commission with un-heard of instructions the billiting of Souldiers and by Lieutenants and their Deputies without leave have beene as if they would have perswaded Princes nay worlds the right of Empire had beene had to take away what they please by strong hands and they have endeavoured as farre as it was possible for them to doe it This hath not beene done by the King under the pleasing shade of whose Crowne I hope we shall ever gather the fruits of Iustice but the Projectors have extended the Prerogative of the King beyond the limits which mars that sweete harmony They have rent from us the light of our eyes enforced Companies of guests upon us worse than the Ordinary of France vitiated of wives and daughters before our faces brought the Crowne to greater want than ever it was by anticipating the Revenue And can the shepheard be thus smitten and the sheepe not scattered They have introduced a Privie Councell ravishing at once the spheares of all ancient government imprisoning without Bayle or Bond. They have taken from us what shall I say indeed what have they left us All meanes of supplying the King and ingratiating our selves with him taking the rootes of all propriety which if it be seasonably set into the ground by his owne hand we shall have instead of beauty baldnesse To the making of them whole I shall apply my selfe and propound a remedy to all these diseasis by one and the same thing Hath King and People beene hurt and by one and the same thing must they be cured to vindicate what new things no our ancient sober vitall libertie by reinforming our ancient Lawes made by our Ancestors by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them And shall wee thinke that a way to breake a Parliament no our desires are modest and just I speake truely both for the interest of the King and people if we enjoy not this it will bee impossible to relieve him Therefore let us feare they shall not bee accepted by his goodnesse Therefore I shall discend unto my motions which consists of foure parts two of which have relation to the persons two to the properties of goods For the persons the freedome of them from imprisonment and from imployment abroad contrary to the ancient customes for our goods that no leavies be made but in Parliament Secondly no billiting of Souldiers It is most necessary that these be resolved that the subject be secured in both Then the manner in the second place be fit to det-ermine it by a grand Committee Mr. MAINARDS Speech before both Houses in Parliament on Wednesday 24 th of March in reply upon the Earle of Straffords answer to his Articles at the Barre My Lords I Shall repeat little of that which hath beene said onely this That whereas my Lord of Strafford did answer to many particulars yet hee did not answer to that which was particularly objected against him that is that you were to heare the complaints of the whole Kingdome now the particular of our aime is to take off the vizard which my Lord hath put on wherein the truth and honour which is due to his Majestie he would attribute to himselfe My Lords there is one thing which I desire your Lordships to remember it being the maine of our complaints The alteration of the face of government and tradacing of his owne Lawes and this is the burthen upon all the Lords and Commons of Ireland Concerning the breach of Parliament he would put it on Sir George Ratcliffe but iâ—me sure he cannot put off himselfe for Sir George
Ratcliffe was not the man alone but others joyned with him in that Assembly and I am sure my Lord of Strafford moved it for the breach of Parliament I shall addresse myselfe to the body of his answere Now give me leave my Lords that I may open the nature of this great offence My Lords it is a charge of Treason which is a Treason not ended or expired by one single Act but a trade enured by this Lord of Strafford ever since the Kings favor hath been bestowed upon him My Lords it hath two parts to deprive us that which was good And secondly to bring in a Tyrannicall government it takes away the Lawes of the Land and it hath an arbitrary government bounded by no law but what my Lord of Strafford pleaseth It is the law my Lords which we reverence and cheerefully render to our gracious Soveraigne The Law as it is the ground of our libertie so it is the distribution of Iustice My Lords in all this my Lord of Strafford hath endeavoured to make them uncapable of any benefit it is true my Lords that Treason against the person of a Prince is high Treason and the highest Treason that can be to man but it falls short of this Treason against the State When blessed King Iames was taken to heaven he commended the lawes to his sonne our gracious Soveraigne But my Lords if such a design as this should take effect that the law of Iustice shouldbe taken from the Throne we are without hope of ever seeing happy dayes power is not so easily laid downe unlesse it be by so good and just a Prince as we have My Lord of Straffords accusation is conveyed into twenty eight Articles and I shall but touch the heads that wee shall insist upon and I thinke the best way to this is to consider what he did before he went into Ireland what then and what since He hath encroached jurisdiction where none was taking upon him a power to repell the lawes and to make new lawes and in domineering over the lives and goods and what ever else was the subjects My Lords this he hath not done onely upon the meaner sort but upon the Peeres and auncient Nobilitie and what may your Lordships expect but the same measure at his hands here as they have found there when he committed any to prison if a Habeas Corpus were granted the Officers must not obey and if any Fine were put upon the Officer for refusing them there was a command that he should bee discharged so that he did not onely take power to himselfe but the Scepter of Iustice out of the Kings hand When he was a member of the house of Commons it was his owne motion all Ministers of state should serve the King according to the lawes which he hath broken himselfe He doth as much as say that Fines shall not be payed by Officers if in this they fulfill his commands but those that release a prisoner upon a Habeas Corpus shall finde his displeasure My Lords if this had been a single Act we should not have accused him of high Treason but this hath beene his common course and this we present to your Lordships consideration The next thing is that in the North the people attending for Iustice you shall see what a dishonour he flung upon the sacred Majestie of the King that did advance him some of the Iustices saith he are all for Law but they shall finde that the Kings little fingers is heavier then the Loynes of the Law My Lords what a sad speech was this and what sad Accidents happened upon it you all know and he said in a solemne speech That Ireland was a conquered Nation and that the King might do with them what he would their Charters were nothing worth they did binde the King no longer then he pleased Surely you may see what hee would do if he had power but we hope never such counsell shall have acceptation in so gracious an Eare as our Soveraignes and he doth not stay in words but proceeds to Actions when a Peere of the Kingdome was expelled the Kingdome for suing at Law for recovering of his Right he saith he would have Ireland know that neither Law nor Lawyers should question any thing that he ordered My Lords he goes higher for when there was an occasion to speake of an Act of State he said it should bee as binding as an Act of Parliament My Lords he cannot goe higher then this hee tells them in Parliament they were a Conquered Nation and they must expect the usage of a Conquered Nation The Lord Mountnorris for a few words that fell from his mouth spoken privately at his Table had a Counsell of warre called against him and was judged to death My Lords it is no marvaile that he saie That the Kings little finger should be so heavie when his little too was so heavie to tread downe a Peere under his foote My Lords he makes Lawes of himselfe and hee makes a difference in matters of Iustice betweene the poore and the rich but when he hath executed his power upon the poore he will fall upon the rich My Lords he hath made that which was worth but five shillings to the value of twenty and my Lords by this he doth in effect take away what ere this commoditie is worth he saith he doth it for the Kings gaine but we shall make it appeare that the Crowne hath lost and he hath gained And for the Commodity of Flax my Lords it is but a Womans Commodity but yet it is the staple Commodity of Ireland Now my Lords this Commondity he hath gotten wholly into his owne hands for he made such a Proclamation that it should be used in such wayes as the Women could not doe it and if it were not used in such ways that it should bee seised upon no he doth not onely put impositions upon the Subject but take away the goods too and thus he hath levyed warre against the Kings Subjects and this is his course that if a Decree were made by him and not obeyed there issued a warrant to Souldiers that they should make Garrison and that they should goe to the houses of those that were pretended to be disobedient My Lords they have killed their sheep and their Oxen and bound their horses and took them Captives till they have rendered obedience which is expressely contrary to Law for it saith If any man set horse or foot upon the Kings Subject in a Military way it is high Treason My Lords it doth not onely oppresse them in their estates but provoke and incite his Majesty to lay downe his mercy and goodnesse and to fall into an offensive war against his Subjects and to say they are Rebels and Traytors He tels his Counsell that the Parliament having forsaken the King and the King having tryed the Parliament hee might use other wayes to procure money to supply his necessities My Lords the same day
that the Parliament was broken he tels the King he had 8000 foot and 1000 horse to reduce this Kingdome to obedience My Lords consider in what a sad time this man tooke to infuse this sad Counsell into the Kings eare My Lords he doth advise the King that he was absolved from all rules of government but if no rule of government what rule of obedience Surely he meant to reduce us to a chaos and confusion c. would have us without all rule of government or obedience My Lords those that he would have brought to reduce us were Papists Enemies of our Religion This strikes us neer my Lords and is the griefe of our hearts that an Irish army should be brought into England to reduce us My Lords I hope we were nere so far gone as to need an army to reduce us to obedience My Lords he had raised this Army and if such Counsell had taken effect in his Majesties eare he like proud Haman would have thought to have been Generall of the Army And thus my Lords you see this Lord of Strafford falls upon a Counsell which might make an irreconcileable difference to subdue us by his power The Earle of Bristowes Speech in the High Court of Parliament upon the delivering of by him the Scottish Remonstrance and Schedule of their charges OUr Ancestors were accustomed to heare propositions in an other manner We represent unto you a very distressed estate sad tidings and dishonourable to our Nation That we should suffer our Countrey to relieve an Army that is come against us This may seeme to withdraw from the greatnes and honor of this Nation but I am sorry it should be thought a Nationall dishonour as the case now standeth But I wish it may light upon those that have been the ill instruments by their imprudent Counsells to bring this Kingdome into such an unhappy businesse that hath produced miserable effects and Calamities But let us labour to build the honour of this Nation and if ill and wicked men have brought this great dishonour great let the honour be when a state is so distressed by wisdom and prudence to relieve it I doe remember when the Common-wealth of Rome was in great distresse after the great Battayle of Cannae they gave thankes that the Counsell did not despaire of the safety of the Common-wealth and me thinkes there is no cause to despair If those ill Counsels and ill ways have brought us to this Calamity shall hereafter bee turned to wise prudent and setled wayes if God may so blesse us that we again prove happy for this Nation the strength and Scituation of it would hardly be brought to this condition were it not for want of Vnity and for discord among our selves When a happie Vnitie among our selves I doubt not to see the honour of this Nation set vp againe by the wisedome of his Majesty and prudent endeavour of this assembly this whole Monarchy once reunited I meane the 3. Kingdomes will render us very considerable abroad His Majesty hath granted our brethren in Scotland their demands in matter of Religion and liberty and doubt not but with humility and duty may likewise obtaine what wee shall desire concerning religion and libertie graciously from his Majesties hands And I am most confident his Majestie may expect from us all that duty affection and assistance as he hath just cause to expect from good people If God shall blesse us and this whole Monarchy with unity love and concord certainly these great Armies that do now trouble us and are ready to offend one an other may shew a capability with united mindes and well designed to effect great matters and may by unity of Counsell raise us up againe in the world to a good estimation and as great an honour as ever I hope God will blesse us with good Counsells and that the King as a gracious good and prudent Prince and all his Subjects joyning in this way no doubt but God will bring us againe to a convenient condition of consistancie yea since our armies are vnited under one King and Nation and in one Iland from a state gasping it will bee easie thence to bring us to a condition of prosperity therefore let us procure and maintaine a good correspondency amongst our selves and for the proposition it much started us at first but I must say thus much That where wars have fallen between Nations it is not unlawfull nor great dishonour to let men part upon reasonble conditions though with good consideration our Kings passed many times into France and returned with recompence but this a friendly demonstration of one Nation to another there is great difference in point of honour if we consider the state wherein wee now are two Armies in the field and consider it was not through our default nor the fault of the Kingdome that we are brought into these calamities The Instruments will bee made an example and the dishonour will light upon them and then certainly we doe conceive a wise and prudent Senate to apply themselves to some things by necessity is no dishonour A State lying gasping and bleeding to restore it is an essentiall part of honour This is that I had in command to say unto you His Majesties Speech to both the Houses of Parliament February 3. 1640. HAving taken into my serious consideration the late Remonstrance made unto mee by the House of Parliament I give you this answer That I take in good part your care of the true Religion established in this Kingdome from which I will never depart as also for the tendernesse of my safety and security of this State and Government It is against my minde that Popery or Superstition should any way encrease within this Kingdome and will restraine the same by causing the Laws to be put in execution I am resolved to provide against the Jesuites and Papists by setting forth a Proclamation with all speed commanding them to depart the Kingdome within one Moneth which if they faile or shall returne then they shall be proceeded against according to the Lawes Concerning Resettie I give you to understand that the Queene hath alwayes assured me that to her knowledge hee hath no Commission but onely to entertaine a personall correspondence betweene her and the Pope in things requisite for the Exercise of her Religion which is warranted to her by the Articles of Marriage which give her a full Liberty â—f Conscience yet I have perswaded her that since the misunderstanding of the Persons condition gives offence shee will within a convenient time remove him Moreover I will take a speciall care to restraine my Subjects from resorting to Masse at Denmark house St James and the Chappell of Ambassadors Lastly concerning John Goodman the Priest I will let you know the reason why I reprived him that as I am enformed neither Queene Elizabeth nor my Father did ever avow that any Priest in their times was executed meerely for Religion which to me
studied Speech I come to speake my heart and to speake it clearely and plainely and then leave it to your clemencie and Justice and I hope if any thing shall slip from me to work contrary to my meaning or intention disorderly or ill placed you will be pleased to make a favourable construction and leave me the liberty of explanation if there shall be any but I hope there shall be no cause for it I hope for my affection in Religion no man doubteth me what my education what and under whom for many yeares is well knowne I lived neere 30 yeares in the Society of Grayes Inn and if one that was a reverend Preacher in my time Doctor Sibbs were now alive hee were able to give testimony to this House that when a party ill affected in Religion sought to weary him and tyer him out hee had his chiefest encouragement from me I have now Master Speaker been 15 yeares of the Kings Councell from the first houre to this minute no man is able to say that ever I was Author Advisor or Consentor to any project It pleased the King my gracious Master after I had served him divers yeares to preferre mee to two places to be chiefe Justice of the Common Pleas and then Keeper of his great Seale I say it in the presence of God I was so far from the thought of the one and from the ambition of the other that if my Master his grace and goodnesse had not been I had never enjoyed those Honours I cannot tell Master Speaker nor I doe not know what particulars there are that may draw me into your disfavour or ill opinion and therefore I shall come very weakly armed yet to those that either in my owne knowledge or by such knowledge as is given me and not from any in this House I shall speake somewhat that I hope being truth and accompanied with clearenesse and ingenuity will at last procure some allay of that ill opinion which may perhaps be conceived of me Master Speaker I had once the Honour to sit in the place that you doe from the first time I came thither to the unfortunate time I doe appeale to all that were here then if I served you not with candor Ill office I never did to any of the House good offices I have witnesses enough I did many I was so happy that upon an occasion which once happened I received an expression and testimony of the good affection of this House towards me For the last unhappy day I had a great share in the unhappinesse and sorrow of it I hope there are enough doe remember no man within the walls of this House did expresse more symptomes of sorrow griefe and distraction then I did After an adjournment for two or three dayes it pleased his Majestie to send for me to let me know that he could not so resolve of things as hee desired and therefore was desirous that there might be an adjournment for some few dayes more I protest I did not then discerne in his Majestie and I beleeve it was not in his thoughts to think of the dissolving of this Assembly but was pleased in the first place to give me a command to deliver his pleasure to the House for an adjournment for some few dayes till the Monday following as I remember and commanded me withall to deliver his pleasure that there should be no further speeches but forth with upon the delivery of the Message come and wait upon him hee likewise commanded me if questions were offered to be put upon my Alleageance I should not dare to doe it how much I did then in all humblenesse reason with his Majestie is not for me here to speake onely thus much let me say I was no Author of any counsell in it I was onely a person in receiving commission I speake not this as any thing I now produce or doe invent or take up for my owne excuse but that Which is knowne to divers and some Honourable persons in this house to be most true All that I will say for that is humbly to beseech you all to consider That if it had beene any mans cause as it was mine betweene the displeasure of a gracious King and the ill opinion of an Honourable Assembly I beseech you lay all together lay my first actions and behaviour with the last I shall submit to your Honourable and favourable constructions For the Shipping businesse my opinion of that cause hath layne heavy upon me I shall clearely and truly present unto you what every thing is with this protestation that if in reckoning up my owne opinion what I was of or what I delivered any thing of it be displeasing or coÌ„trary to the opinion of this House that I am farre from justifying of it but submit that and all other my actions to your wisedomes and goodnesse Master Speaker the first Writs that were sent out about Shipping businesse I had no more knowledge of it and was as ignorant as any one Member of this House or any man in the Kingdome I was never the Author nor Advisor of it and will boldly say from the first to this houre I did never advise nor counsell the setting forth of any Ship-writs in my life Master Speaker it is true that I was made chiefe Justice of the Common Pleas some foure dayes before the Ship-writs went out to the Ports and Maritine places as I doe remember the 20 of October 1634. they doe beare Teste and I was sworne Justice the 16 of October so as they went out in that time but without my knowledge or privity the God of heaven knowes this to be true Master Speaker afterwards his Majestie was pleased to command my Lord chiefe Justice of the Kings Bench that then was Sir Thomas Richardson and chiefe Baron of the Exchequer that now is and my selfe then chiefe Justice of the Common Pleas to take into consideration the Presidents then brought unto us which we did and after returned to his Majestie what we had found out of those Presidents It is true that afterwards his Majestie did take into consideration that if the whole Kingdome were concerned that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes Thereupon upon what ground his Majesty took that into his consideration I doe confesse I doe know nothing of it His Majesty did command my Lord chief Justice that now is my Lord chiefe Baron and my selfe to returne our opinions whether when the whole Kingdome is in danger and the Kingdome in generall is concerned it be not according to Law and reason that the whole Kingdome and his Majestie and all interessed therein should joyne in defending and preserving thereof This was in time about one 1634. In Michaelmas Terme following his Majesty commanded â—e to goe to all the Judges and require their opinions in particular He commanded mee to doe it to every one and to charge them upon their
conclusion of my argument submit to the judgement of this House I never delivered my opinion that mony ought to be raised but Ships provided for the defence of this Kingdome and in that the Writ was performed And that the charge ought not to be in any case but where the whole Kingdome was in danger And Master Justice Hutton and Master Iustice Crooke were of the same opinion with me I doe humbly submit having related unto you my whole carriage in this businesse humbly submitting my selfe to your grave and favourable censures beseeching you not to think that I delivered these things with the least intention to subvert or subject the common Law of the Kingdome or to bring in or to introduce any new way of government it hath bin farre from my thoughts as any thing under the heavens Master Speaker I have heard too that there hath bin some ill opinion conceived of me about Forrest businesse which was a thing farre out of the way of my study as any thing I know towards the Law But it pleased his Majesty in the sicknesse of Master Noy to give some short warning to prepare my selfe for that imployment When I came there I did both the King and Common-wealth acceptable service for I did and dare be bold to say with extreame danger to my selfe and fortune some doe understand my meaning herein run through that businesse and left the Forrest as much as was there A thing in my judgement considerable for the advantage of the Common-wealth as could be undertaken When I went downe about that imployment I satisfied my selfe about the matter of perambulation There were great difficulties of opinions what perambulation was I did arme my selfe as well as I could before I did any thing in it I did acquaint those that were then Iudges in the presence of the noble Lords with such objections as I thought it my duty to offer unto them If they thought they were not objections of such waight as were fit to stirre them I would not doe the King that disservice They thought the objections had such answers as might well induce the like upon a conference with the whole Country admitting mee to come and conferre with them the Country did unanimously subscribe It fell out afterwards that the King commanded me and all this before I was chiefe Iustice to goe into Essex and did then tell me he had beene enformed that the bounds of the Forrest were narrower then in truth they ought to be and I did according to his command I will here professe that which is knowne to many I had no thought or intention of enlarging the bounds of the Forrest further then H. and that part about it for which there was a perambulation about 26 Edward 4. I desired the Country to confer with me about it if they were pleased to doe it and then according to my duty I did produce those Records which I thought fit for his Majesties service leaving them to discharge themselves as by Law and Justice they might doe I did never in the least kind goe about to overthrow the charter of the Forrest And did publish and maintaine Charta de Foresta as a sacred thing and no man to violate it and ought to be preserved for the King and Common-wealth I doe in this humbly submit and what I have done to the goodnesse and Justice of this House FINIS Mr. Herbotle Grimstones second Speech in Parliament the 18. of December 1640. Master Speaker THere hath been presented to the house a most faithfull and exact report of the conference wee had with the Lords yesterday together with the opinion of the Committees that we imployed in the service that they conceaved it fit that the Archbishop of Canterbury should be sequestred and I must second the motion And with the favour of this House I shall be bold to offer my reasons why I conceive it more necessary wee should proceed a little further then the desire of a bare sequestration onely Master Speaker long Introductions are not suitable to waâ—ghty businesses wee are now fallen upon the great man the Archbishop of Canterbury looke upon him as hee is in highnesse and he is the Stye of all pestilentiall filth that hath infected the State and Government of this Common wealth Looke upon him in his dependances and he is the man the onely man that hath raised and advanced all those that together with himselfe have beene the Authors and Causers of all our ruines miseries and calamities wee row groane under Who is it but he only that hath brought the Earle of Strafford to all his great places and imployments a fit spirit and instrument to act and execute all his wicked and bloudy Designes in these Kingdomes Who is it but hee onely that brought in Secretary Windibank into this place of service of trust the very Broker and Pander to the Whore of Babylon Who is it Master Speaker but hee onely that hath advanced all our Popish Bishops I shall name but some of them Bishop Manering the Bishop of Bath and Wells the Bishop of Oxford and Bishop Wren the least of all these birds but one of the most uncleane ones These are the men that should have fed Christs Flock but they are the Wolfes that have devoured them the Sheepe should have fed upon the Mountaines but the Mountaines have eaten up the Sheepe It was the happinesse of our Church when the Zeale of Gods house eat up the Bishops glorious and brave Martyrs that went to the Stake in defence of the Protestant Religion but the Zeale of the Bishops hath beene onely to persecute and eat up the Church Who is it Master Speaker but this great Archbishop of Canterbury that hath sitten at the helme to steere and to mannage all the projects that have beene set on foot in this Kingdome this tenne yeares last past and rather then hee would stand out he hath most unworthily trucked and chafered in the meanest of them as for instance that of Tobacco wherein thousands of poore people have beene stripped and turned out of their Trades for which they have served as Apprentizes wee all know he was the Compounder and Contracter with them for the Licences putting them to pay Fines and a fee Farme rent to use their Trade certainly Master Speaker hee might have spent his time much better and more for his Grace in the Pulpit then thus sherking and raking in the Tobacco-shops Master Speaker we all know what he hath been charged withall here in this house crimes of a dangerous consequence and of a transcendent nature no lesse then the subversion of the Government of this Kingdome and the alteration of the Protestant Religion and this is not upon bare information onely but much of it is come before us already upon cleare and minifest proofes and there is scarce any grievance or complaint come before us in this Place wherein we do not find him intermentioned and as it were twisted into
it like a busie angry Waspe his sting is in the tayle of every thing wee have likewise this day heard the report of the conference yesterday and in it the accusation which the Scottish Nation hath charged him withall and we doe all know he is guilty of the same if not more herein this Kingdome Master Speaker hee hath beene the great and common enemie of all goodnesse and good men and it is not safe that such a Viper should be neare his Majesties person to distill his poyson into his sacred eares nor is it safe for the Common-wealth that he sit in so eminent a place of government being thus accused wee know what we did in the Earle of Straffords case this man is the corrupt fountaine that hath infected all the streames and till the Fountaine be purged we can never expect or hope to have cleare channels I shall be therefore bold to offer my opinion and if Jerre it is the error of my judgement and not my want of zeale and affection to the publique good I conceive it is most necessary and fit that we should now take up a resolution to doe somwhat to strike while the iron is hot and to goe up to the Lords in the names of the Commons of this House and in the names of the Commons of England and to accuse him of high Treason and to desire their Lordships his person may be sequested and that in convenient time wee may bring up his charge FINIS A Message sent from the Queenes Majestie to the House of Commons by Mr. Comptroller 5o. Febr. 1640. THat her Majestie hath beene ready to use her best endeavours for the removing of all misunderstanding between the King and people That at the request of the Lords who petitioned the King for a Parliament her Majestie at that time writ effectually to the King and sent a Gentleman expresly to perswade the King to the holding of a Parliament That shee hath since beene most willing to doe all good Offices betweene the King and his People which is not unknowne to divers of the Lords and so shall ever continue to doe as judging it the onely way of happinesse to the King her selfe and Kingdome That all things be justly setled betweene the King and his people and all cause of misunderstanding taken away and removed That her Majestie having taken a knowledge that having one sent to her from the Pope is distastfull to this Kingdome She is desirous to give satisfaction to the Parliament which is convenient time shee will doe and remove him out of the Kingdome That understanding likewise that Exception had beene taken to the great resort to the Chappell of Denmark House shee will be carefull not to exceed that which is convenient and necessary for the Exercise of her Religion Shee further taketh notice that the Parliament is not satisfied with the manner of raising mony for the assistance of the King in his Journey to the North in the yeare 1639 at her entreaty from the Catholiques Shee was moved thereunto meerely out of her deere and tender affection to the King and of the Example of other his Majesties Subjects She seeing the like forwardnesse shee could not but expresse her forwardnesse to the assistance of the King If any thing be illegall shee was ignorant of the Law and was carried therein onely out of a great desire to be assisting to the King in so pressing an occasion but promiseth to be more cautious hereafter not to doe any thing but may stand with the established Lawes of the Kingdome Her Majestie being desirous to imploy her whole power to unite the King and people desireth the Parliament to looke forwards and passe by such mistakes and errors of her Servants as may be formerly committed And this your respect shee promiseth shall be repayed with all the good Offices shee can doe to the House which you shall finde with reall effects as often as there shall be occasion FINIS The Report of the Kings Message by the Lords to the House of Commons January 25. 1640. THat the occasion of his Majesties taking knowledge of the Conviction of John Goodman the Priest lately reprived was upon the constant order that hath been taken for divers yeares that the Recorder hath at the end of every Sessions attended his Majestie with the names of the persons convicted with an expression of their offences to the end that his Majestie might be truly enformed of the Natures of their Crimes and consequently not to be enduced by information to reprive such as were fit for grace and mercy And thereupon that he was lately Condemned for being in order of a Priest meerely and was acquited of the Charge of perverting the Kings people in their beliefe and had never beene Condemned or Banished before His Majestie is tender in matter of blood in Cases of this nature In which Queene Elizabeth and King James have beene often mercifull but to secure his people that this man shall doe no more hurt Hee is willing that he be imprisoned or banished as their Lordships shall advise And if he returne into the Kingdome to be put to Execution without delay And Hee will take such fit course for the expulsion of other Priests and Jesuites as Hee shall be councelled unto by your Lordships And that Hee doth not intend by this particular Mercie to lessen the force of the Lawes FINIS SIR THOMAS ROE his Speech in Parliament 1640. IT is a generall opinion that the trade of England was never greater and it may be true that if it be so yet it will not absolutely conclude that the Kingdome doth increase in riches for the Trade may by very aboundant and yet by consumption and importance of more then is expected the stocke may waste The Ballance would be a true solution of the Question if it could be rightly had but by reason it must be made up by a Medium of the Books of Rates it will be very uncertaine Therefore we must seeke another rule that is more sensible upon which wee may all judge and that may be by the plenty or scarcity of money for it is a true rule If money increase the Kingdome doth gaine by Trade if it be scarce it loseth Let us therefore consider first whether our Gold and Silver be not decreased and then by what meanes it is drayned and lastly how it may be prevented and what Remedies are appliable to effect it It is out of doubt our Gold is gone to travaile without Licence that is visible beyond Seas and every receiver of summes of money must find it privately and I feare the same of Silver for observing the species of late Coyning many halfe Crownes were stamped which are no more to be seene and by this measure I conclude the Kingdome growes poore The causes of this decay of Money may be many It may be stolne out for profit going much higher beyond Seas especially in France and Holland Much hath been
My Lord Keeper did first let us know that his Majesty had commanded the Lords Commissioners of the great Councell to give an account of their Treaties at Yorke and Rippon to both Houses and of his Majesties gracious intentions in a businesse so much importing the honour and safety of the Kingdome that there might be made a faithfull relation with all candor and clearnesse which was the summe of his Majesties instructions His Lordship declaring that my Lords of the upper House for the saving of time had thought fit to give this account to a Committee of both Houses which hath occasioned the meeting at this Conference and election being made of the Earle of Bristoll by the Lords Commissioners he began his Narration directed to the Lords of the upper House and to the Knights Citizens and Burgesses of the house of Commons and thus the Earle of Bristoll began That the Lords Commissioners intended not to looke further back into the businesse then the Acts of their own imployments They did intend to give no account of the pacification interrupted nor war renewed no account how the Armies in England Ireland and by Sea were designed nor of any occasion They purposed not to lay fault upon any man nor to enquire into the cause why the Scots as they pretended from necessity were drawne to enter this Kingdome nor why the Kings Army when service was to be done was out of the way But that those through whose hands these have passed might hereafter give their own account His Lordship told us that his Majesty was pleased to call his great Councell at Yorke to whom he made two propositions The first was how his Army which seemed to be in distresse for want of pay should be relieved and maintained To this to shew their duties to the King the Lords resolved to ingage themselves and to that purpose to send chosen Deputies to London to negotiate a supply The second proposition was that after the Scots had passed Northumberland taken Newcastle and possessed the Bishopricke of Duresme they sent a Petition to his Majesty which containeth in generall termes a desire to have their grievances taken into consideration Which Petition and Answer thereunto was read unto us A. N. A. and presented for our clearer understanding Upon receipt of his Majesties Answer the Scotish Lords sent his Majesty a second Petition directed in a Letter to the Earle of Lanrick K. Q. in which they made their particular demands and declared that according to his Majesties command they would advance no further and this Petition was also read and delivered unto us of which his Lordship desired that great Assembly to take especiall notice for that much of the future discourse would depend upon it The businesse thus stated at the great Councell the second proposition was what Answer should be made to that Petionary Letter and in what manner it should be carried In which his Majesty required their Councell Whereupon the Lords replyed that it was impossible for them to give any well grounded advice unlesse the true state of his affaires and the Condition of his Army were laid before them Whereupon his Majesty commanded the Earle of Traquaire N. L. to make the Narration of the Scotish businesse and their late Acts of Parliament and the Lord Lievtenant generall to give an account in what condition the Army stood and what was answered by my Lord Lievtenant was read in his owne words Besides this declaration the Earle of Bristoll delivered upon a further enquiry how the state of the businesse then stood That the Scots Army had passed Northumberland without resistance that they had disputed the passage of the River of Tyne at Newburne where our horse retyred in disorder that his Majesties foot Army consisting of twelve or fourteene thousand men in Newcastle likewise retired to Yorke whereby the Towne of Newcastle a place of great consideration was without one stroke strucken fallen into the Scots hands and the Bishopricke of Duresme drawn under Contribution That in this state the Gentry of the Bishopricke repayred to Master Treasurer who carryed them to his Majesty from whom they were referred to my Lord Lievtenant of the Army who gave them this answer positively That they could looke for no help nor protection from the King and therefore they might use the best meanes they could to preserve their lives and estates Whereby those distressed Provinces the ancient Bulwarks of this Kingdome full of brave and valiant men being now fallen into the power of an Army which of necessity must live were forced to consent to a contribution by Treaty and a very heavy one though such without which the Scotish Army could not subsist The agreement was 350. l. a day for the Bishopricke of Duresme 300. l. a day for Northumberland 200. a day for the Towne of Newcastle in all 850. l. a day which should it continue would amount unto 300000. l. for one yeare These Gentlemen much lamented their estates that the Scots should be irritated as they call it by being proclaimed Traytors His Lordship made a little digression and asked leave to speake truth in such language as the Scots had presented their state unto them That having proclamation made against them being threatned with a great Army of thirty or forty thousand men another of ten thousand out of Ireland and by Parliament declared Traytors and Rebels and having heard of another Army providing of eight or ten thousand by shipping to hinder their Trade at least their Commerce with England that they were drawne together by necessity as they pretended of defence further alledging that it was a common discourse of which they had seene papers that they should bee reduced into a Province which would be but one Summers worke and therefore they having drawne their power together as any Nation would doe and being assembled and their Country being poore taking advantage of the time and that all those Armies that should oppose them were out of the way and those unfortunate Provinces left like a list of Cloath they were forced to enter in England that thus they had lamented and thus the state stood before the Lords when it was examined in the great Councell Thus their Lordships found that the Scots had increased their confines neere fourescore miles in England and had passed the Rivers of Tweed and Tyne and that the River of Tees the boundary of Yorkeshire Duresme being possessed was not to be defended being foordable in many places by forty horse a front that if the Scots should passe that River there was no possibility to hinder them from comming to Yorke or to any part of England without hazarding a Battell which my Lord Lievtenant had declared unto them he would not advise for though the Kings Army consisted of seventeene or eighteene thousand good bodies of men yet being untrained and unused to Armes he would be loath to hazzard such an Adventure upon them but if they
should advance to Yorke hee might make good that Citie This being the case as it was presented my Lords advised his Majesty that they conceived the fittest way was that the Scots and their grievances might bee heard And whereas their maine Complaint had beene that their Petitions to his Majesty had beene conveyed by Conduits of an evill rellish that there might be chosen such Lords Commissioners of whose integrity they could not doubt Whereupon his Majesty was pleased to referre the choyce of the Commissioners to the great Councell who made the election with the assent of his Majesty The Commissioners names N. B. to whom power was given under the great seale of England to heare whatsoever the Scots would lay before them and to enter into Treatie with them and to give safe conducts and to do all things preparatory to a Treaty The first place of meeting was appointed at North-Allerton but some inconveniences being found it was by consent transferred to Rippon For the inducement of this meeting N. B. a Letter of the Lord Lanricks to the Scots Commissioners was read and given unto us The Treaty thus settled the Lords to be imployed receiving instructions from his Majesty by the consent of the great Councell it was agreed they should treat upon the whole businesse propounded by the Scots and left to their discretion to treate of a Cessation of Arms as the ordinary fore-runner of all Treaties of Peace When their Lordships came to Rippon the Cessation of Armes was the first proposed but being entered upon it the Scots Commissioners did let their Lordships know that there was something necessary first to be done that the Countreys where they lay were become poore that they could not thinke as their affaires stood of returning home that his Majesty had restrayned them from passing further so that a Treaty in this Exigent was worse then a Warre unlesse meanes might be thought upon how they might subsist and hereupon they did propound that if it were expected that they made no further progresse therein obeying his Majesties command which nothing but invincible necessity should force them to transgresse by plundring the Countreys they must have maintenance for their Army This motion seemed very strange to their Lordships that it should be demanded to provide a maintenance for the Scots when the Kings owne Army was in great distresse yet the necessity seemed to be such on both sides that the Lords appointed some of their Company to repaire to the King at Yorke to acquaint his Majesty with the Scots demand Upon debate of the businesse though it were of hard digestion to his Majesty the Lords and the whole Kingdome that they whose Ancestors had been called to advise upon the Ransome of Kings should now come to consult how to maintaine an Army got into our owne bowels Therefore their Lordships would not proceed without the knowledge of his Majesty and the great Councell where it was found necessary not for maintaining the Scots Armies for they might easily supply their owne wants by plundring in which course they might get a million whereas five thousand pounds would serve but for two months but to preserve the Countreys from utter ruine and the Scots from further advancing to give to their Lordships Commission to treate for a competency of maintenance during the Treaty The first demand was forty thousand pounds a moneth which by Treaty was reduced thus That instead of giving them any allowance they should bee left to their proportion of that contribution already agreed upon by the Counties as lesse dishonourable then to assigne them maintenance This point being thus settled N. D. E. their Lordships proceeded to the Treaty of Sessions and both were agreed and concluded his Lordship proposing the Articles themselves to bee read for more satisfaction His Lordship proceeded that these preparatives being settled at Rippon twenty miles from Yorke and the time far spent and the Parliament approaching their Lordships resolved to bee humble suitors to his Majesty that the generall Treaty might be transferred to London by consent of both parties thereunto agreeing Here his Lordship proposed the reading of a Letter whereby this translation of the Treaty was moved which was done and delivered unto us To this Letter his Majesty made a gracious answer and consented to transferre the Treaty to London where some of the Scots Commissioners are already arrived and the rest within a day or two expected Their Lordships having proceeded in the Treaty as far as they could goe repaired to Yorke and both Articles concluded were read in his Majesties presence and that they declared that they had in all things punctually observed their Instructions whereupon his Majesty required them to give their counsell whether he should ratifie and signe these Articles or not To which the Lords made answer that they had served his Majesty in quality of Commissioners Ambassadours and had duly observed their Instructions but now He being pleased to aske their advice they would bee glad to serve him according to their consciences and therefore besought his Majesty for leave to retire themselves and consult of the businesse to which his Majesty was graciously pleased to consent Upon resolution considering the great strait into which his Majesties affaires were reduced they concluded to advise his Majesty to signe and craved leave to present unto his Majesty a declaration of their reasons which were accepted and read in the great Councell And their Lordships held it necessary to bee read againe in that great Assembly N. G. as the rest of their Councell These reasons being read his Majesty was pleased to ratifie the Articles in expresse words also read unto us His Lordship concluded this Narrative as the full account of the Treaty N. D. and proceeding in it to his Majesties ratification and craved leave in the next place to present the hard and wofull condition in which his Majesties affaires then stood in the North First that by consent a contribution of 850. l. a day was agreed That there was already some doubt that the Countries were not able to beare it On the other side it was objected by the Scots that it was impossible if the payment should faile to keepe their promise or to obey his Majesty but that they should be necessitated against their will to plunder the Country These doubts considered it was declared by my Lord Lievtenant that the Counties of Cumberland and Westmerland being at pleasure under the Scots power it was reasonable that in subsidium they should contribute some helpe to their Neighbours But hee declared since their Lordships coming away the Commissioners left at Duresme had written that it was impossible for them to proceed in the agreement which if it were broken on their part the Scots would alledge an impossibility to consent to starve so that if some meanes were not found by which those Counties engaged might bee relieved hee was affraid all their labour and Treaty
This it was Master Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his accusation I was confirmed in the same beliefe during the prosecution and fortified in it most of all since Sir Henry Vaines preparatory examinations by the assurances which that worthy member Mr. Pymme gave me that his Testimony would be made convincing by some notes of what passed at the Junto concurrent with it which I ever understanding to be of some other Counsellour you see now prove but a Copie of the same Secretaries notes discover'd and produc't in the manner you have heard and those Such disioynted fragments of the venemous part of discourses no results no conclusions of Counsels which are the onely things that Secretaries should register there being no use at all of the other but to accuse and to bring men into danger But Sir this is not that which overthrowes the evidence with mee concerning the Army of Ireland nor yet that all the rest of the Iunto upon their oathes remember nothing of it But this Sir which I shall tell you is that which works with mee under favour to an utter overthrow of his evidence as unto that of the Army of Ireland Before whil'st I was a prosecutor and under tye of Secrecie I might not discover any weakenesse of the cause which now as a Judge I must Master Secretary was examined thrice upon Oath at the preparatory Committee The first time he was questioned to all the Interrogatories and to that part of the seventh which concernes the Army of Ireland he said positively in these words I cannot charge him with that But for the rest he desires time to recollect himselfe which was granted him Some dayes after he was examined a second time and then deposes these words concerning the Kings being absolved from rules of government and so forth very clearely But being prest to that part concerning the Irish Army againe can say nothing to that Here wee thought wee had done with him till divers weeks after my Lord of Northumberland and all others of the Junto denying to have heard any thing concerning those words of reducing England by the Irish Army it was thought fit to examine the Secretary once more and then he deposes these words to have beene said by the Earle of Strafford to his Majestie You have an Army in Ireland which you may imploy here to reduce or some word to that sence this Kingdome Mr. Speaker these are the circumstances which I confesse with my Conscience thrust quite out of dores that grand Article of our charge concerning his desperate advice to the King of employing the Irish Army here Let not this I beseech you be driven to an aspersion upon Master Secretary as if he should have sworn otherwise then he knew or beleeved hee is too worthy to doe that onely let thus much be inferr'd from it that hee who twice upon Oath with time of recollection could not remember any thing of such a businesse might well a third time misremember somewhat and in this businesse the difference of one Letter here for there or that for this quite alters the case the latter also being the more probable since it is confest of all hands that the debate then was concerning a warre with Scotland and you may remember that at the Bar he once said to employ there And thus Mr. Speaker I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford This was that whereupon I accused him with a free heart prosecuted him with earnestnesse and had it to my understanding beene proved should have condemned him with innocence Whereas now I cannot satisfie my conscience to doe it I professe I can have no notion of any bodies intent to subvert the Lawes treasonably or by force and this designe of force not appearing all his other wicked practises cannot amount so high with me I can finde a more easie and more naturall spring from whence to derive all his other Crimes then from an intent to bring in Tyrannie and to make his owne posterity as well as us Slaves as from revenge from Pride from Avarice from Passion and insolence of Nature But had this of the Irish Army been proved it would have diffused a complexion of Treason over all it would have beene a With indeed to bind all those other scattered and lesser branches as it were into a Faggot of Treason I doe not say but the rest may represent him a man as worthy to dye and perhaps worthier then many a Traytor I doe not say but they may justly direct us to Enact that they shall be Treason for the future But God keepe mee from giving judgement of death on any Man and of ruine to his innocent Posterity upon a Law made â posteriori Let the mark be set on the dore where the Plague is and then let him that will enter dye I know Master Speaker there is in Parliament a double power of life and death by Bill a judiciall power and a Legislative the measure of the one is what 's Legally just of the other what is prudentially and politickly fit for the good and preservation of the whole But those two under favour are not to be confounded in Judgement Wee must not peece up want of Legality with matter of convenience nor the defailance of prudentiall fitnesse with a pretence of legall Justice To condemne my Lord of Strafford judicially as for Treason my conscience is not assured that the matter will bear it And to doe it by the Legislative power my reason consultively cannot agree to that since I am perswaded neither the Lords nor the King will passe the Bill and consequently that our passing it will be a cause of great divisions and combustions in the State And therefore my humble advice is that laying aside this Bill of Attainder we may think of another saving only life such as may secure the State from my Lord of Strafford without endangering it as much by division concerning his punishment as he hath endangered it by his practices If this may not be hearkned unto let me conclude in saying that unto you all which I have throughly inculcated to mine owne conscience upon this occasion Let every man lay his hand upon his heart and sadly consider what we are going to doe with a breath either justice or murther justice on the one side or murther heightned and aggravated to its supreamest extent For as the Casuists say that he who lyes with his sister commits incest but he that marries his sister sinnes higher by applying Gods Ordinance to his crime So doubtlesse he that commits murther with the sword of Justice heightens that crime to the utmost The danger being so great and the case so doubtfull that I see the best Lawyers in diametrall opposition concerning it
him with a kinde of compulsion the hearts of the multitude But that was the least part of my study which now makes me call to minde that the greater the persons are in authority the sooner they are catcht in any delinquency and their smallest crimes are striven to be made capitall the smallest spot seems great in the finest linnen and the least flaw is soonest found in the richest Diamond But high and noble spirits finding themselves wounded grieve not so much at their own pain and perplexity as at the deriding and scoffing of their enemy but for mine own part though I might have many in my life I hope to finde none in my death Amongst other things which pollute and contaminate the mindes of great spirits there is none more haynous than Ambition which is seldome unaccompanied without A varice Such to possesse their ends care not to violate the Laws of Religion and Reason and to break the bonds of modesty and equity which the neerest tyes of Consanguinity and Amity of which as I have been guilty so I crave at Gods hands forgivenesse It is a Maxime in Philosophy that ambitious men can be never good Counsellors to Princes the desire of having more is common to great Lords and a desire of Rule a great cause of their Ruine My Lords I am now the hopelesse President may I be to you all an huppy example For Ambition devoureth gold and drinketh blood and climbeth so high by other mens heads that at the length in the fall it breaketh its own neck therefore it is better to live in humble content than in high care and trouble For more precious is want with honesty than wealth with infamy For what are we but meer vapours which in a serene Element ascend high and upon an instant like smoke vanish into nothing or like Ships without Pilots â—ost up and down upon the Seas by contrary windes and tempests But the good husbandman thinks better of those ears of Corn which bow down and grow crooked than those which are straight and upright because he is assured to finde more store of grain in the one than in the other This all men know yet of this how few make use The defect whereof must be now my pain may my suffering prove to others profit For what hath now the favour of my Prince the familiarity with my Peers the volubility of a tongue the strength of my memory my learning or knowledge my honours or Offices my power and potency my riches and treasure all these especiall gifts both of Nature and Fortune what have all these profitted me Blessings I acknowledge though by God bestowed upon man yet not all of them together upon many yet by the Divine providence the most of them met in me of which had I made happy use I might still have flourish't who now am forc'd immaturely to fall I now could wish but that utinam is too late that God with his outward goodnesse towards me had so commixed his inward grace that I had chused the Medium path neither inclining to the right hand nor deviating to the left but like Icarus with my waxen wings fearing by too low a flight to moisten them with the Waves I soared too high and too neer the Sun by which they being melted I ayming at the highest am precipitated to the lowest and am made a wretched prey to the Waters But I who before built my house upon the sand have now setled my hopes upon the Rock my Saviour by whose onely merits my sole trust is that whatsoever becomes of my body yet in this bosome my soul may be Sanctuaried Nintrod would have built a Tower to reach up to heaven and call'd it Babel but God turned it to the confusion of Languages and dissipation of the people Pharaoh kept the Children of Israel in bondage and after having freed them in his great pride would have made them his prey but God gave them a dry and miraculous passage and Pharaoh and his boast a watry Sepulcher Belshazzer feasted his Princes and Prostitutes who drunk healths in the Vessels taken from the Temple but the hand of God writ upon the wall Mene Tekel Phoras and that night before morning was both his Kingdom and life taken from him Thus God lets men go on a great while in their own devices but in the end it prove their own ruine and destruction never suffering them to effect their desired purposes therefore let none presume upon his power glory in his greatnesse or be too confident in his riches These things were written for our Instruction of which the living may make use the dying cannot but wit and unfruitfull wisedome are the next neighbours to folly There can be no greater vanity in the world than to esteem the world which regardeth no man and to make slight account of God who greatly respecteth all men and there can be no greater folly in man than by much Travell to increase his goods and pamper his body and in the interim with vain delights and pleasures to lose his soul It is a great folly in any man to attempt a bad beginning in hope of a good ending and to make that proper to one which was before common to all is meer indiscretion and the beginning of discord which I positively wish may enâ— in this my punishment O how small a proportion of earth will contain my body when my high minde could not be confined within the spacious compasse of two Kingdoms But my hour draweth on and I conclude with the Psalmist not ayming at any one man in particular but speaking for all in generall How long will you Judges be corrupted how long will ye cease to give true judgement c. Blessed is the man that doth not walk in the Councell of the wicked nor stand in the way of sinners nor sâ—t in the seat of the scornfall therefore they shall not stand in the Judgement nor sinners in the Assembly of the righteous c. About the hours of 10 and 11 a Clock the foresaid Lord of Strafford was conveyed to the Scaffold on Tower-Hill where was a Court of Guard made by the severall Companies of Souldiers of the City of London and the Hamlets of the Tower on each side as he passed to the Scaffold before marched the Marshals men to make way then the Sheriffs of Londons Officers with their Halberds after them the Kings Guard or Warders of the Tower Next came one of his Gentlemen bare hâ—aded in mourning Habit the Lord Strafford following him clad in black cloth with divers others in the same habit which were his attenâ—â—â—ts then the Lord Bishop of Armagh and other good Divines with the Sheriffs of London and divers honorable personages When he came upon the Scaffold he there shewed himself on each side to all the people and made this short speech with as much alacrity of Spirit as could be expressed Viz. The Lord Wentworths speech on the Scaffold
binds me Where there is nothing left the King loses his right Now Mr Speaker in a Parliamentary way we must withdraw and enter into our own Sphear Enter into a discusse of those objections that impugne Mr Fitz-Gerralds election admittance and priviledge of this House The first that ushers in the train is a sentence cloathed in sable standing on tip-toe and with a rusty dagger thrusting at a starre I mean a sentence speaking errour a sentence visitng the third and fourth generation a sentence striving to leap over the bounds of Magna charta thirty times confirmed a sentence awarded against a Judge of a higher Court than from which it issued The cause in question is to nullifie this sentence which if he appear a person capable of his priviledge more sua vivit and then neither it nor any thing derivatory or collaterall to it may be admitted against him by the rules of common civill or common Law it being a maxime consonant to them all Non potest adduci ejusdam rei excepio cujus petitur dissolutio Now to prove this sentence void Mr. Speaker I being no professor of the Law yet a Disciple of reason and the body of the audient Subject to the like guilt I will couch my self in arguments quae probant non probantur leaving precedents and Book-cases to the learned long Robe Then thus I argue By the Star 3. E. 4. All judgements censures sentences c. awarded against a member of Parliament are void so was this government some may say the King is not here included I say qui dicit omne excludit nullum And experience the mother of knowledge teacheth the same in precedents afore rehearsed and one I will adde for all which Trewman 38. Hen. 8. who was in execution upon a writ of exigent after a Capias adsatis faciend at the Kings suit and yet priviledged besides this is not at the Kings suit for the King is interessed here but secondarily both in name and profit Now I must make good my minor that he is a member of this house he that was duely elected and truely returned is a member of this house so was he Ergo c. My minor will be questioned I confirm it thus where the Kings writ for election is duly pursued according to the most used and received form there such an election is good so was this Ergo. Here Mr. Speaker falls the weight of their objection which we will master and answer with equall speed and first vellicat mibi aurem nescio quis and saith the writ is Burgensis de Burgo but he is not Burgensis de Burgo First I say quomodo constat here is none to offer in proof he is not so beside I offer it in Quaere whether the election doth not ipsofacto make him a Burgesse in omni instanti again I say the writ is directive not positive v. g. in a venire facias the Sheriff commanded to return 12. yet if he return not 24. he shall be fined in respect experience and practice proves some of the 12. may be questioned and challenged besides the writ explains it self the Knights must be Comitatus tui but the Burgesses and Citizens de qualibet Civitate Burgo which can admit of no other construction but these two Burgesses out of every Burrough not as Comitatus tui is which were then of every Burrough and certainly the Law provided this with great reason as not doubting every Shire could afford two Knights resident yet jealous whether every Burrough could provide two resident Burgesses qualified with these necessary adjuncts as could befit a member of so noble a place Again the writ commands duos milites and yet exception was never taken upon returning of Esquires so that the writ expounds it self it is not literally to be taken Next there is Thunder and Lightning shot out of the Statute 33. H. 8. being a Stat. to regulate election and absolutely commanding every Knight and Burgesse to be resident and have a certain Fee-simple in every burrough and County out of which they are elected Here they suppose our Priviledge will cry quarter as ready to be murthered by the Statute but it is ominous ante victoriam canere For first we answer that the disuse of a Statute antiquates a Statute as is observed upon the Statute of Merton and custome applauded by fortunate experience hath in all Parliaments ever prevailed a house of Commons would rather present Babell in it's confusion if the Tincker would speak his Dialect the Cobler his and the Butcher conclude a greasie Epilogue then the writ were well pursued these were Idonei homines to take and give counsell de rebus arduis but even to cut off the head of their own argument by a Sword of their own this Stat. of 33. H. 8. seems by the preamble to be made in repeal of all former Statutes by which election not qualified with residency was made void and so became a grievance to the Common-wealth and therefore this Statute makes the election not observed ut supra onely penall so that there is nothing offered in objection either from the writ or Statute to avoid this election Now I have placed him and dayly elected him and then his priviledge grows by consequence yet we have other objections minoris magnitudinis and to repeat them is to confute them First say they every Libeller is de jure excommunicated I answer every Libeller must be Scriptis Pictis or Cantilenis our member is guilty of none of them no he is not tearmed so neither in the censure nor in any present proceeding Another flourish is that he pleaded not his priviledge in the Castle-Chamber in which very objection they confesse him priviledged and make themselves guilty that they would proceed against a known member of our House But see the Roman spirit of Mr. Fitz-Gerald who would rather undergo the hazard of being a Starre-Chamber Martyr than to submit our Priviledge to an extrajudiciall debate It was in our honour he did this and for his eternall applause some body sayes the Castle-Chamber will think it self injured there being Lords of the house of Parliament at and in the censure As for the Lords humanum est errare but the Judges are rather involved in these words Premeditata malitia for his election was the 11 of November sitting then in Parliament and his censure the 13 of December so they had 22 or 23 dayes to repent of their ill-grounded resolution a greater affront never offered to the house of Commons being comparative as if the Recorder of the Tolsell should sentence the Lord chief Justice of Ireland a member of our house is a walking Record and needs not to melt the Kings picture in his pocket Others alleadge it was an election purchased by collusion but de non existentibus non apparentib cadem est ratio And since the end of his election is in it self and perâ—se for the advancing of the
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
Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester transferre his suit against Leostine from the County ad generale placitum in the time of King Etheldred Queen Edgine against Goda from the County appealed to King Etheldred at London Congregatis principibus sapientibus Angliae a suit between the Bishops of Winchester and Durham in the time of Saint Edward Coram Episcopis principibus Regni inpresentia Regis ventilate finita In the tenth yeer of the Conqueror Episcopi Comites Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis tractandis Convocati saith the book of Westminster And this continued all along in the succeeding Kings raigne untill towards the end of Henry the third AS this great Court or Councell consisting of the King and Barons ruled the great affairs of State and controlled all inferiour Courts so were there certain Officers whose transcendent power seemed to be set to bound in the execution of Princes wills as the Steward Constable and Marshall fixed upon Families in Fee for many ages They as Tribunes of the people or explori among the Athenians grown by unmanly courage fearfull to Monarchy fell at the feet and mercie of the King when the daring Earle of Leicester was slain at Evesham This chance and the deare experience H the 3. himselfe had made at the Parliament at Oxford in the 40. yeare of his Raign and the memory of the many straights his Father was driven unto especially at Rumny-mead neere Stanes brought this King wisely to begin what his Successour fortunately finished in lessoning the strength and power of his great Lords and this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were as the booke of St. Albans termeth them Quot Domini tot Tiranni And by the weakning that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Councell Now began the frequent sending of Writs to the Commons their assent not only used in money charge and making Lawes for before all ordinances passed by the King and Peeres but their consent in judgements of all natures whether civill or criminall In proofe-whereof I will produce some few succeeding Presidents out of Record When Adamor that proud Prelate of Winchester the Kings half brother had grieved the State by his daring power Liber S. Alban fol. 20.7 An 44. H. 3. he was exiled by joynt sentence of the King the Lords and Commons and this appeareth expressely by the Letter sent to Pope Alexander the fourth expostulating a revocation of him from banishment because be was a Church-man and so not subject to any censure in this the answer is Si Dominus Rex Regnimajores hoc vellent meaning his revocation Communit as tamen ipsius ingressum in Angliam jam nullatenus sustineret The Peers subsign this answer with their names and Petrus de Mountford vice totius Communitatis as Speaker or Proctor of the Commons For by that stile Sir John Tiptofe Prolocutor Charta orig sub figil An. 8. H. 4. affirmeth under his Arms the Deed of Intaile of the Crowns by King Henry the 4. in the 8. year of his Raign for all the Commons The banishment of the two Spencers in the 15. of Edward the second Prelati Comites Barones les autres Peeres de la terre Communes de Roialme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widdow of Sir John de Burgo complained in Parliament Rot. Parl. 15. E. 3 vel 2. that Hugh Spencer the younger Robert Boldock and William Cliffe his instruments had by duresse forced to make a Writing to the King wherby she was dispoyled of all her inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones autres grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le det escript per agard del Parliam dampue elloquens al livre a ladit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope Prelâ— Parliam 1. Ed. 3. Rot. 11 that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super his discernerent judicarent quod rationi justitiae conveniret habere prae oculis solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesae Majestatis morti adjudicarent ejus sententia c. When in the 50 yeere of Edw. 3. the Lords had pronounced the sentence against Richard Lions Parl An. 5. Edw. 3. otherwise then the Commons agreed they appealed to the King and had redresse and the sentence entred to their desires When in the first yeere of Richard the second William Weston Parl. An. 1. Rich. 2 11 3.8 3.5 and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Hen. the 4. although the Commons refer by protestation the pronouncing of the sentence of deposition against King Rich. the 2. unto the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one E. one Baron and 2. Knights Gray and Erpingham for the Commons and to infer that because the Lords pronounced the sentence the point of judgement should be only theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Hen. 5. the Petition of the Commons importeth no lesse than a right they had to act and assent to all things in Parliament Rot. Parl. An. 2. H 6. and so it is answered by the King and had not the adjourned Roll of the higher House beene left to the sole entry of the Clark of the upper House who either out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those who immediately served there would have been frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed bodie knit under one
the Citizens at London and also by a Petition of worthy Gentlemens sons Apprentices thereof so reputed to be All which show the whole estate of our Church and Common-wealth to be grievously diseased of a Plurisie and must have a present and good cure or else England is overthrown which is the mother and Almoner of the Kings well-fare and his posterity Which disease the King not fearing nor knowing he had some ill counsell to let it run so farre in jeopardy of trouble and distresse And herein give me leave to tell you the story of Noah a King in the the Ark yet after he was over-shot and taken by the Vines of his own planting and brought himself to some dishonour thereby as some use our English Kings heretofore have done by their favourites untill they saw it and this is it that made the Papists and Prelates rejoyce in their own wisedom and honour like Chams that saw his father so deceived but such deserve a curse for it both of God and man in respect of the matters contained in the foresaid Petitions of our English Lords as also for that the former Parliament might have settled all things in quiet enriched the Kings Coffers enabled to withstand all powerfull pretences and no doubt but to have qualified the humour of the Scots to all our contents Therefore these deserve the curse of Cham that were movers and stoppers and hinderers of it When things might have been composed convenient without warre or strife and not upon so extreme necessity which is now brought upon us and maketh the Scots proverb in use necessity hath no 〈◊〉 for their defence But now our Proverb is drawn frâ—â— thence we must make a vertue of necessity a hard case for a good take heed and counsell For since the plot of an after intended warre had an ill policy that would wrong good Noah their father and his children in such a manner of proceeding and then in glory and defence of it against this House of Commons cause a booke to be published against our proceedings these men which were the cause of publishing of it are fit to publish 't as Noahs cursed son Cham shamelesse And we for our parts in the House of Commons together with the higher House of Lords I hope will not so leave them but be rejecters of them as good Shem and Japheth acknowledging them to be vain members that go about to supplant our wrong the Vineyard our just King and his Kingdom Now therefore consider the former it shall be fit before we enter upon conference to be strengthened and enabled for discharge of our well meaning both to our King and Country answerable to his late speech to gain and obtain his free love consent power on these three points and cautions handled and moved the last meeting First free liberty of speech Secondly each ones right to our selves Thirdly for reformation of Religion And these things granted to proceed freely without delay of time or matters to the cure of such deadly diseases if they be let alone First I would conceive under favour of bette judgements to begin with Sathans Roots of evill viz. All Papists because they are of the most dangerous seed of the Serpent to the hurt of the Church and Common-wealth herein that we agree with a generall consent of Parliament to search see and finde out all the Jesuits Priests Friars Cappuchines and all such Romish factions and by order to all the Justices of Peace in England to imprison them or to send them all to some out-Townes to banish them all out of the Land speedily while you be in other Councell here sitting and thence to ship them away at their owne chages and upon good bonds and security that they never return into England Scotland or Ireland and if they should both the bonds and the Lawes to be executed upon them And for other long Inhabitants Papist and Recusants such as may seeme honest Subjects only for Religion the old orders and Statutes to be put in execution without the abatement of the penalties till they shall conforme to our Religion and if any have wincked or underhand compounded for the time past to be punished and made pay so much unto the Kings Cofers as justly due by the Statute ever since King Charles his Raigne The first course and Act of Parliament being speedily put in execution whilest we sit here will not only excuse the pretended charity that Papists hope for from the King and Queen but will also manifest the true piety against their heresies for ever and will be a good satisfaction to the Scots which make these one of the chiefest intents and causes of their comming into this Kingdome which we wish they had no worse intents and sure it will be a means to try their intents and our owne too and then we have hope to entreat the Scots to stay our leisures Sir John Wray his Speech touching the Canons the 15. of December 1640. Mr. Speaker A Man may easily see to what tend all these innovations and alterations in Doctrine and Discipline and without perspect time discover a farre off the active toylsomenesse of these spirituall Ingineeres to undermine the old and true foundation of Religion and establish their tottering heresie in Rome thereof which least it should not hold being built with untempered morter You see how carefull they are by a past oath to force mens consciences not to alter their government Archiepiscopall And Master Speaker the thoughts of the righteous are right but the counsells of the wicked are deceits and nothing else in their hearts but destructions and devastations but to the counsellors of peace is joy so long as they kept themselves within the circle of the spirituall commerce and studied to keepe mens hearts upright to God and his Truth there was no such complaining in our Streets of them nor had we never seene so many thousand hands against them as now there are come in And no marvell though God withdrawes so many hearts and hands from them who had turned so many out of the way of truth vita tuta they have stopt up but via devia they have enlarged and layd open as appears by their crooked Canons Master Speaker I shall not goe about to overthrow their government in the plurall but to limit it and qualifie it in some particulars For Sir Francis Bacon long since well observed there two things in the government of Bishops of which he could never be satisfied no more can I the first was the sole exercises of the authorities And secondly by the deputation of that authority But Master Speaker I shall not now dispute of either for mine own part Master Speaker I love some of them so well and am so charitable to the rest that I wish rather their reformation then their ruine But let me tell you withall that if we should finde amongst them any proud Becket or Wolsey Prelates who stick not to write
the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heirs and Successors others than the said Earl and his heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The first Speech concerning the the right of Bishops to sit in Parliament May 21. 1641. My Lords I Shall take the boldnesse to speak a word or two upon this subject first as it is in it self then as it is in the consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the conquest and by the same power and the same right the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred yeers strengthned and confirmed and that without any offence nay pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclefiasticall vocation an argument I heare much of hath in my apprehension more of shadow then in substance in it if this be a reason sure I am it might have been one six hundred yeers ago A Bishop my Lords is not so circumscribed within the circumference of his Diocesse that his sometimes absence can be termed not in the most strict sense a neglect or hindrance of his duty no more than that of a Zievetenant from his Count y they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides my Lords the lesser must yeeld to the greater good to make wholesome and good Lawes for the happy and well regulating of the Church and Common-wealth is certainly more advantagious to both then the want of the personall execution of their office and that but once in three years and then peradventure but a moneth or two can be prejudiciall to either I will go no further to this which experience hath done so fully so demonstratively And now my Lords by your Lordships good leave I shall speak to the consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniencies are ever best prevented è longinquo this president comes neer to your Lordships and such a one mutato nomine de vobis Pretences are never wanting nay sometimes the greatest evils appeare in the most faire and specious out-sides witnesse the Shipmony the most abominable the most illegall thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alleage be to convine and which of your Lordships can say then he shall continue a member of this House when at one blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Vcalegon And for the Bishops my Lords in what condition will you leave them The House of Commons represents the meanest person so did the Master his slave but they have none to do so much for them and what justice can tie them to the observation of those Lawes to whose constitution they give no consent the wisdome of former times gave proxies unto this House meerly upon this ground that every one might have a hand in the making of that which he had an obligation to obey This House could not represent therefore proxies in roome of persons were most justly allowed And now my Lords before I conclude I beseech your Lordships to cast your eyes upon the Church which I know is most dear and tender to your Lordships you will see her suffer in her principall members and deprived of that honor which here and throughout all the Christian World ever since Christianity she constantly hath enjoyed for what Nation or Kingdome is there in whose great and publike assemblies and that from her beginning she had not some of hers if I may not say as essentiall I am sure I may say as integrall parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as hers even Heathenisme claims an equall share I never read of any of them Civill or Barbarous that gave not thus much to their Religion so that it seems to me to have no other originall to flow from no other spring than Nature it selfe But I have done and will trouble your Lordships no longer how it may stand with honor and justice of this House to passe this Bill I most humbly submit unto your Lordships the most proper and only Juges of them both The second Speech about the lawfulnesse and convenieny of their intermedling in Temorall Affaires My Lords I Shall not speake to the Preamble of the Bill that Bishops and Clergie men ought not to intermeddle in temporall offairs For truly my Lords I cannot bring it under any respect to be spoken of Ought is a word of relation and must either refer to humane or divine Law to prove the lawfulnesse of their intermedling by the former would be to no more purpose than to labour to convince that by reason which is evident to sense It is by all acknowledged The unlawfulnesse by the latter the bill by no means admits of for it excepts Universities and such persons as shall have honour descend upon them And your Lordships know that circumstance and chance alter not the nature and essence of a thing nor can except any particular from an universall proposition by God himself delivered I will therefore take these two as granted first that they ought by our Law to intermeddle in temporall affairs secondly that from doing so they are not inhibited by the Law of God it leaves it at least as a thing indifferent And now my Lords to apply my self to the businesse of the day I shall consider the conveniency and that in the severall habitudes thereof but very briefly first in that which it hath to them meerly as men qua tales then as parts of the Common-wealth Thirdly from the bâ—st manner of constituting laws and lastly from the practice of all times both Christian and Heathen Homo sum nihil humanum
à me alienum puto was indeed the saying of the Comedian but it might well have becom'd the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason must onely man be hindered from his proper actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with conscience So is not ignorance they seldome or never meet And why should we take that capacity from them which God and nature have so liberally bestowed My Lords the politike body of the Common-wealth is analogicall to the body naturall every member in that contributes something to the contribution of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truely my Lords to be part of the other body and do nothing beneficiall thereunto cannot fall under a milder term The common-wealth subsists by laws and their execution and they that have neither head in the making nor hand in the executing of them conferre not any thing to the being or well being thereof And can such be called members unlesse most unprofitable ones onely fruges consumere nati Me thinks it springs from nature it self or the very depths of Justice that none should be tied by other Laws than himself makes for what more naturall or just than to be bound onely by his own consent to be ruled by anothers will is meerly tyrannicall Nature there suffers violence and man degenerates into beast The most flourishing Estates were ever governed by Laws of an universall constitution witnesse this our Kingdom witnesse Senatus populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternall memory Some things my Lords are so evident in themselves that they are difficult in their proofs Amongst them I reckon this inconveniency I have spoken of I will therefore use but a word or two more in this way The long experience that all Christendom hath had hereof for these 1300 yeers is certainly argumentum ad bominem Nay my Lords I will go further for the same reason runs thorow all Religions never was there any Nation that employed not their religious men in the greatest affairs But to come to the businesse that lies now before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publike The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evill they may do which yet your Lordships do not know and I am confident never shal suffer A position ought not to be destroyed by a supposition à posse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours do it negatively in answering some inconveniences that may seem to arise Object 1 For the Text No man that warres intangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be tearms equivalent Besides my Lords though this was directed to a Church-man yet it is of a generall nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum Object 2 It may be said that it is inconsistent with a spirituall vocation truely my Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects nature and raises it to a heighth above the common altitude and makes it most fit for those great works of God himself to make Laws to do Iustice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. Object 3 But though in strict tearms this be not inconsistent yet it may peradventure hinder the duty of their other calling My Lords there is not any that sits here more for preaching than I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600 yeers acquaintance should make the Gospel of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to vertue dehortations from vice and partly in easing the burdened conscience These my Lords compleat the office of a Church-man Nor are they altogether tied to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be tearmed the breach of them all I must adde one more an essentiall one the very form of Episcopacy that distinguisheth it from the inferiour Ministry the orderly and good government of the Church and how many of these I am sure not the last my Lords is interrupted by their sitting here once in 3 yeers and then peradventure but a very short time and can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperour Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted with about his military affairs as Eusebius has it in his life lib. 4. c. 56. Object 4 Reward and punishment are the great negotiators in all worldly businesses these may be said to make the Bishops swim against the stream of their consciences and may not the same be said of the Laity Have these no operations but onely upon them Has the King neither frown honour nor offices but onely for Bishops Is there is nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will go against the light of their understanding The holinesse of their calling their knowledge their freedoms from passions and affections to which youth is very obnoxious their vicinity to the gates of death which though not shut to any yet alwayes stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a poeticall not a logicall argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Iudge Magistrate nor Officer more A personall
upon Bill or information and Cite such parties to appeare as stand accused of any misdemeanour and this was the Infancy of the Starchamber but afterwards the Starchamber was by Cardinall Woolsey 8 H. 8. raised to mans Estate from whence being now altogether unlimited it is grown a Monster and will hourely produce worse effects unlesse it be reduced by that hand which laid the foundation for the Statutes that are ratified by Parliament admit of no other than a repeale Therefore I offer humbly unto your Lordships these ensuing Reasons why it should be repealed First the very words of the Statute cleerly shew that it was a needlesse institution for it sayes they who are to Judge can proceed with no delinquent otherwise then if he were convicted of the same crime by due proces of Law And doe your Lordships holdth is a rationall Court that sends us to the Law and calls us to the Law and calls us back from it againe Secondly divers Judicatories confound one another in pessima republica plurimae Leges The second reason is from circumstance or rather à Consuetudine and of this there are many examples both domestique and forain but more particularly by the Parliaments of France abbreviated into a standing Committee by Philip the King and continued according to his Institution untill Lewis the eleventh came to the Crown who being a subtill Prince buried the volume in the Epitome for to this day when ever the three Estates are called either at the death of the old King or to Crown the new It is a common Proverb Allons voire Le van des Estates My Lords Arbitrary judgements destroy the Common Laws and in them the two great Charters of the Kingdome which being once lost we have nothing left but the name of liberty Then the last reason is though it was the first cause of my standing up the great Eclipse it hath ever been to the whole Nobility For who are so frequently vexed there as Peers and Noblemen and notwithstanding their appeale to this Assembly is ever good whilst that famous Law of the 4 Ed. 3. remaines in force for the holding of a Parliament once a year or more if occasion require yet who durst a year ago mention such a Statute without the incurring the danger of M. Kilverts persecution Therefore I shall humbly move your Lordships that a select Commitee of a few may be named to consider of the act of Parliament it selfe and if they shall thinke it of as great prejudice as I doe that then the house of Commons in the most usuall manner may be made acquainted with it either by Bill or conference who also happily thinke it a burthen to the Subject and so when the whole body of Parliament shall joyne in one supplication I am confident his Majestie will desire that nothing shall remaine in force which his people doe not willingly obey Lunae the 10. of May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Lord Maior of London the Justices of Peace of Midlesex Westminster and the Liberties of the Dutchie of Lancaster and those of Surrey that are for the Burrough of Southwarke and the place adjoyning doe imploy their best endeavors to prevent that none of the Kings Subjects doe frequent the houses of any the Embassadors Somerset-house or St. James to heare Masse And that they give an accompt to this House of the Execution of this Order at all such times as by the said House they shall be required My Lord Finch his Letter to my Lord CHAMBERLAINE My most welbeloved Lord THe Interest your Lordship hath ever had in the best of my fortunes and affections gives me the Priviledges of troubling your Lordship with these few lines from one that hath now nothing left to serve you withall but his Prayers Those your Lordship shall never faile with an heart as full of true affection to your Lordship as ever any was My Lord it was not the losse of my place and with that of my fortunes nor being exiled from my deare Countrey and friends though many of them were cause of sorrow that afflicts but that which I most suffer under is that displeasure of the House of Commons conceived against me I know a true heart I have ever borne towards them and your Lordship can witnesse in part what wayes I have gone in but Silence and patience best becomes me with which I must leave my selfe and my Actions to the favourable construction of my Noble Friends in which number your Lordship hath a prime place I am now at the Hague where I arrived on Thursday the last of the last moneth where I purpose to live in a fashion agreeable to the poorenesse of my fortunes for my humbling in this world I have utterly cast off the thoughts of it and my aime shall be to learne to number my daies that I may apply my heart unto wisdome that wisdome that shall wipe all teares from mine eyes and heart and lead me by the hand to true happinesse which can never be taken from me I pray God of heaven blesse this Parliament with a happy both progresse and conclusion if my ruine may conduce but the least to it I shall not repine at it I truly pray for your Lordship and your Noble Family that God would give an increase of all worldly blessings and in the fulnesse of dayes to receive you to his glory if I were capable of serving any body I would tell your Lordship that no man should be readier to make knowne his devotion and true gratitude to your Lordship then Your Lordships most humble and affectionate poore kinsman and servant J.F. Hague Jan. 3. 1640. The Lord KEEPERS Speech TO HIS MAJESTIE at the Banquetting-house at White-hall in the name of both Houses May it please Your Majestie I Am to give your Majestie most humble and heartie thanks in the name of both houses of Parliament and this whole Kingdome for the speedy and gracious Royall assent unto the Bill Entitled An act for preventing of inconveniences happening by the long intermission of Parliaments which as it is of singular comfort and securitie for all your Subjects for the present so they are confident it will be of infinite honor and setlement of Your Majesties Royall Crowne and dignitie as well as comfort to their postiritie The Declaration of the Scots Commissioners to the House of Parliament touching the maintenance of their Army March the 16th 1640. IN the midst of other matters necessitie constraineth us to shew your Lordships that fourescore thousand pounds and above of the Moneys appointed for reliefe of the Northerne Countreys there is no more paid but 18000 l. the Country people of those Countreys have trusted the souldiers so long as they are become weary and unable to furnish them their cattell and victuall being so farre exhausted and wasted as it is scarce able to entertain themselves The Markets are decayed
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
be so divided as to breake in peeces Mr. Speaker God knows the divisions of great Brittain have halfe untwisted our long Union and I feare that God is angry with our Nationall lukewarme temper The zeale of his house hath not kindled that flame in our hearts which our seeming good actions have blown abroad much like the walking of a Ghost or livelesse body which affrights many but pleaseth no beholder Omnia honesta opera voluntas inchoat It is the heart or will which gives the beginning to every good action and I hope our constant resolutions will be to settle religion in his splendor and purity by pulling Dagon from the Altar and whipping the Buyers and Sellers out of the Temple Pars prima bonitatis est velle fieribonum The first part of goodnesse is to have the will of being good God knows all our hearts and takes notice of our inward resolutions and for what ends we come hither if to propagate and advance his glory and Gospel blessed shall this Parliament and Nation be and then most happy we whose God is the Lord all things shall work together for our good For Mr. Speaker he that turns the hearts of Kings like the rivers of waters will make the King and his kingdomes all of one mind Long live King Charles the Great and his numerous Royall Issue to defend the true faith which will protect and keep him and his safe in his fathers Throne Never King gave more full content to his people than his Majesty now hath done and I hope never subjects came with better hearts and affections to their King and Countrey then we doe let it then appeare M. Speaker by our outward actions and practise that our inward obedience both of heart and hand is true loyall and currant coyn not false nor counterfeit for Nemo veraciter dicit volo qui non facit illud quod potest no man truly saies I am in will and heart resolved unlesse according to his ability he endeavor to perform his resolution which to speak the hearts of us all in this renowned Senate I am confident is fully fixed upon the true reformation of all disorders innovations in Church or religion and upon the well uniting and close rejonting of the now dis-located great Brittaine For let me tell you Mr. Speaker that God be thanked it is but out of joynt and may be yet well set by the skilfull Chirurgions of this Honorable House to whose loving and Christian care and to whose tender and upright hands I leave it onely with this Aviso let brotherly love continue and be constant and of good courage for the keeper of Israel who neither slumbers nor sleeps who delivered us from Romes November powder-blast will no doubt still preserve his Annoynted our gracious King and us his loyall Subjects from all dangers of fire or sword For Si Deus nobiscum quis contra nos Upon the Scotch Treaty January 21. 1640. Mr. Speaker THere is no malady more destructive to the naturall or politick body than the mal Caduque or falling sicknesse nor is there any Physitian or compound more to be esteemed than that which can cure it in either M. Speaker this unknown remedy if we be wise to apply it and take the receipt with all the ingredients without any scruple of distast I am confident the recovery will be perfect and the whole body of great Britaine safe and sound Mr. Speaker the happy Union of Scotland and England hath thus long ever since flourished in interchangeable blessings of plenty and mutuall love and friendship But of late by what fatall disasters and dark underminings we are divided and severed into Scotish and English Armies let their well composed preambles speake for mee which I wish were printed as an excellent embleme of brotherly love that discovers who hath wounded us both and how each should strive to help the other in distresse seeing their and our Religion and Lawes lie both at stake together Thinke of it what you will Noble Senate their subsistence is ours we live or die rise or fall together Let us then finde out the Boutefaux of this Prelaticall warr and make them to pay the shot for their labour who no doubt long for nothing more than that we should breake with them who worship but one God and serve but one Master with us Nor need we feare that they intend to dispossesse the English of their inheritance or freehold being ready to withdraw their forces upon reasonable terms referring their demands of reparation for losses to the justice and courtesie of this House which I assure my self will give both a bountifull cheerfull and speedy supply in this case of necessity for Bis dat qui citò dat is the best motto or motion at this time Upon the Impeachment of the Lord Strafford and Canterbury c. February 26. 1640. Mr. Speaker I Take it we have now sate in this great Councell 15. or 16. weeks a longer time than any Parliament hath done these many yeers God hath given us a faire and blessed opportunity if we lay hold of it and call to minde the best Motto for a Parliament which is Non quam diu sed quà m benè Mr. Speaker We have had thus long under our Feathers many Estriges Egges which as some observe are longest in hatching but once hatched can digest Iron and we have many Irons in the fire and have hammered some upon the anvill of justice into nayles but we have not struck one stroak with the right hammer nor riveted one nayle to the head Mr. Speaker God forbid we should be cruell or vindicative to any but let us take heed we be not so to our selves and them the sent us if we doe not mend our pace and so run as we may obtaine Mr. Speaker I hope we shall make good the work we have undertaken and win that prize and goale we aime at else if we faile in this our pursuit of justice it is time to look about us for then I feare that we our selves shall hardly scape scot-free It will not be our fixe Subsidies that will help us unlesse we be good husbands and cut off all superfluous charges disband all needlesse Armies and dis-arme all Papists and banish all Priests and Jesuits and then we shall thrive and prosper Provided alwayes that we deny our selves and trust not too much in the arme of flesh but be carefull to preserve brotherly love and concord lest discord and faction break divide and ruine us but I hope God will make us all of one minde and one publick spirit that as we are descended from that ancient and noble English quiver we may prove our selves a right sheafe of English Arrows well united well feathered and sharply piled for publick use stoutly to defend and preserve the publick good and safety of this famous Iland of great Britaine and that is my humble prayer and motion Upon the Straffordian knot March 10.
gentler and kinder to us then the Law speciall provision is made no fine no punishment shall be lesse then by the law is appointed by no means but as much greater as your discretion shall think sit and indeed in this improvement we find Arbitrary Courts are very pregnant if the Law require my good behaviour this discretion makes me close Prisoner if the Law sets me upon the Pillory this discretion appoints me to leave my cares there But this proceeding according to discretion is no new expression 't was in the first Commission I told your Lordships of in the 31. Hen. 8. that they should proceed secundum legem consuetudinem Regni Angliae vel aliter secundum sanos discretiones vestras which in the interpretation of the Law and that is the best interpretation signifies the same thing to proceed according to discretion is to proceed according to Law which is summa discretio but not according to their private conceit or affection For talis discretio saies the law discretionem confundit and such a confusion hath this discretion in these Instructions produced as if discretion were onely removed from rage and fury no inconvenience no mischiefe no disgrace that the malice or insolence or curiosity of these Commissioners had a minde to bring upon that people but through the latitude and power of this discretion the poore people have felt this discretion hath been the quickesand which hath swallowed up their property their liberty I beseech your Lordships rescue them from this discretion Besides the charge that this Court is to his Majesty which is neer 1300. l. per annum your Lorâ—ships will easily guesse what an unsupportable burthen the many officers whose places are of great value the Atturnies Clarks Registers and above 1000. Sollicitors that attend the Courts must be to that people insomuch that in truth the Country seems to be divided into officers and dependants upon that Court And the people upon whom these officers of that Court prey and commit rapines as he said in Petronius Omnes hic aut captantur aut captant aut cadavere quae laterentur aut corni quae laterunt Truly my Lords these vexed worn-people of the North are not sutors to your Lordships to regulate this Court or to reform the judges of it but for extirpating these Judges and the utter abolishing this Court they are of Catoes minde who would not submit to Caesar for his life saying he would not be beholding to a Tyrant for injustice for it was injustice in him to take upon him to save a mans life over whom he had no power So these Gentlemen desire not to be beholding to this Court hereafter for injustice The very administration of injustice founded upon such illegall principles being a grievance and oppression to the subject First upon the whol matter the House of Commons is of opinion that the Commission and Instructions whereby the President and Councell of the North exercise a Jurisdiction is illegall both in the creation and execution Secondly that it is improfitable to his Majesty for besides so much neer thirteen hundred pound taken out of his Majesties revenues every year his Majesty loseth the great benefit would accrew to him upon writs and upon Fines upon Out-laws and other profits which redound to his Majesty out of his Court here And which I had almost forgot to tell your Lordships of that his Majesty may be sure to have benefit from that Court notable care is taken by the fiftty three Instructions And if any money remaines over and above all disbursements it shall be bestowed in providing Houshold-stuffe and furniture for the house where the Lord President and Councell use to be And lastly that it is inconvenient and grievous to His Majesties subjects of those parts And therefore they are humble Sutors to your Lordships and the house of Commons on this behalfe that since this people doe and have in all matters of duty and affection contend with the best of His Majesties subjects that they may not be distinguished from them in the manner of His Majesties Justice and protection since this Court originally instituted continued by his Majesty for the ease and benefit of his subjects is apparently inverted to the burthen and discomfort of them that your Lordships will joyn with the House of Commons in beseeching His Majesty that the present Commission may be revoked and no more such granted for the future A Speech of Master John White Counsellour concerning Episcopacy EPiscopacy as it stands in this kingdom comprehends in it in linea recta these foure degrees the Deacon the Presbyter the Bishop and the Archbishop Every Archbishop wades through every of these ordinarily Of the first and last we have no vestigium in the holy scriptures This Deacon may Preach and Baptize help the Presbyter to administer the Lords Supper Book of ordering of Deacons but may not consecrate the Elements in the Lords Supper contrary to the Scriptures by which Preach and Baptize is a full Commission for the exercise of all the ministeriall function Mat. 28.19 The Deacon mentioned in holy Scripture is the same in Office with our Church-warden to looke to the Church goods and the poore Acts 6. 1 Tim. 3. The Presbyter is of all hands acknowledged to be Jure Divino The Bishop is considerable in respect of his trayn and secondly in respect of himself His trayn are these first the Dean and Chapter called Prebends quia praeherent auxilium Episcopo and were originally ordained for his Counsell to advise him in difficulties in Religion and to advise him in and consent unto his dispositions of his possessions Cok. r. 3. Dean and Chapter of Norwiches case Secondly the Archdeacon is the oculus Episcopi to discover and punish offences spirituall and Ecclesiasticall within his limits manus Episcopi to present unto him such as are to be made Deacons and Presbyters and to induct such as he admits and institutes into Benefices Thirdly his Chancellors Vicars Generall Commissaries Officials Surrogates Registers Promotors and others belonging to his Cathedrals These be all meerly humane and may be taken away without offence to God or conscience if there appeare just cause for it The Bishop in respect of himselfe is considerable in his Barony and temporalties and his spiritualties The first is meerly Exgratia Regis and in this kingdome began 4. of William the Conquerour Case of tenures 35. a. And by vertue hereof they have had place in the house of Peers in Parliament 7. H. 8.1846 Kel it is resolved by all the Judges of England that the King may hold his Parliament by himselfe his temporall Lords and Commons without any Bishop for a Bishop hath not any place in Parliament by reason of his spiritualties but meerly by reason of his Baronry and accordingly acts of Parliament have been made 2 Rich. 3. cap. 3. and at divers other times They have usurped the name of Spirituall Lords
inclining and returning to Popery and the Religion of Antichirst as hath most cleerly appeared even in our daies as well as before since the restoring of Religion I shall for this time instance onely in three places of the Rubrick corrupted by Bishops In the Rubrick confirmed by act of Parliament in the beginning of it It is directed that prayer shall be in such place of the Church or Chancell and the Minister shall so turne him as the people may best heare In the Rubrick as it is now Printed prayer shall be used in the accustomed place c. except it shall be otherwise determined by the Ordinary Whereby they have introduced the Popish practice of reading Prayers at the upper end of the Chancell at their Altar where few in the Church can see them and fewer heare them and turning their faces to the East and their backs to the people in reading in the Desk and colour all with the determination of the Ordinary Secondly in the Letany there are these words in the book of Common prayer confirmed by the Statutes of 5. and 6. Ed. 6. and of 1 Eliz. From the tyranny of the Bishop of Rome and all his detestable enormities good Lord deliver us and that the Bishops in the latter books have caused to be left out wholly Thirdly in the Rubrick concerning the administration of the Lords Supper as it stands now altered an excellent declaration of the reason why kneeling at this Sacrament was left in the reformation and a renunciation of Transubstantiation Consubstantiation adoration of the bread and wine as abhominable Idolatries are wholly obliterate and left out that the use of that gesture there might be rendred the more suspicious and superstitious and a more clear way might be made to induce the Popish superstitious innovations that have been since obtruded upon us concerning the Table Altar supreminent presence of God almighty there cringings Altar-worship and the like And I conceive alterations were made by the Bishops as appeares unto me by the Proclamation they procured to be set forth 5. Martii 1. Jac. concerning the booke of Common prayer And how can things prosper better in the hands of the Episcopacy when Gods blessing alone giveth out prosperity and the Lord disposeth his blessing in his owne way only and not in any other And this being no plant planted by God in his Church how can it be expected it should yeeld us any better fruits then we have received from it Againe if I be not much deceived the Episcopacy in whatsoever it exceeds the Presbyters office in which sense only I speak of it is abranch of the Hierarchy of Rome and of the Antichrist and of that consider what is prophesied Revel 14.11 They shall not have any rest day nor night that receive any print of the name of the Beast and examine the former and present times whether the same hath not been verified among us and in all such places where that Hierarchy hath been entertained whether the most troubles and miseries of the Churches and in great part also of the Common-wealth have not sprung from the said Episcopacy and the fruites thereof Therefore let us proceed to the perfecting of the Reformation of our Church and to the gathering out of it every stone that offends even whatsoever is not according to God and the standard of his word and reduce every thing in the government to the rule and walke in it in Gods way which is the sure way to have his presence with us and blessing upon us and ours for ever It hath ever been a point of higher honour from God and of greater acceptance and esteem with him to advance the reformation of his Church and worship 2 Cro. 17.6 3. iIâ— 1 Kings 15.14 2 Kings 12.3 1 Cron. 28.16 Zac. 4.7 and was ever will be a reproach from him and blot upon such as have left any thing not agreeable to his word unreformed and not taken away Up then let us be doing and the Lord will goe before us and make plain all mountains that may occurre in our way and give a blessed issue and successe To the honorable Houses of Parliament now assembled The humble Petition of many of the Inhabitants within his Majesties County of Kent Most humbly shewing THat by sad experience we doe daily finde the Government of the Church of England by Arch-Bishops Bishops Deans and Arch-Deacons with their Courts Jurisdictions and Administrations by them and their inferiour Officers to be very dangerous both to Church and Commonwealth to be the occasions of manifold Grievances unto his Majesties Subjects in their Consciences Liberties and Estates and likely to be fatall unto us in the continuance thereof the dangerous effects of which Lordly power in them have often appeared in these particulars following 1 They doe with a hard hand over-rule all other Ministers subjecting them to their cruell Authority 2 They doe suspend and deprive many godly Religious and painfull Ministers upon sleight and upon no grounds whilest in the mean time few of them preach the Word of God themselves and that but seldome but they doe restrain the painfull preaching of others both for Lectures and for afternoon Sermons on the Sabbath day 3 They doe countenance and have of late encouraged Papist Priests and Arminian books and persons 4 They hinder good and godly books yet they doe license to be published many Popish and Arminian and other dangerous Books and Tenents 5 They have deformed our Churches with Popish Pictures and seated them with Romish Altars 6 They have of late extolled and commended much the Church of Rome denying the Pope to be Antichrist affirming the Church of Rome to be a true Church in Fundamentals 7 They have practised and enforced antiquated and obsolete Ceremonies as standing at all Hymns and at Gloria patri turning to the East at severall parts of the Divine Service Bowing at the Altar which they term the place of Gods Refidence upon earth the reading of a second Service at the Altar and denying the holy Sacrament of the Eucharist to such as have not come up to the new set rayl before the Altar 8 They have made and confirmed new illegall Canons and Constitutions and framed a most pernitious and desperate Oath an Oath of covenant and confederacy for their own Hierarchicall greatnesse besides many other very dangerous and pernitious passages in the said Canons 9 They doe dispense with pluralities of Benefices they doe both prohibit and grant Marriages neither of them by the rule of Law or Conscience but doe prohibit that they may grant and grant that they may have money 10 They have procured a licentious liberty for the Lords day and have pressed the strict observation of the Saints Holydayes and doe punish suspend and deprive godly Ministers for not publishing that book for liberty of sports on the Sabbath day 11 They doe generally abuse the great Ordinance of Excommunication making a great gain of it
God had endowed the Church of England with which God himself hath given by his Law unto the universall Church and in that which the Kings of England by their Charter have bequeathed to the particular Church of England and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy usurped at that time over the Church of England for saith the King we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God The Church of God then in England not being free according to the great Charter but in bondage and servitude to the See of Rome contrary to the Law of God the King judged it to stand highly with honour and his Oath to reform redresse and amend the abuses of the same See If then it might please our gracious Soveraign Lord King Charles that now is in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ his Highnesse in so doing could no more rightly be charged with the violation of the great Charter then might King Henry the eight with the banishment of the Popish Supremacy or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospell Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church that then was supposed to be the Church of God in England then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots Priers for by expresse words of the great Charter Abbots and Priers had as large and ample a Patent for their Rights and Liberties as our Archbishops and Bishops can at this day challenge for their Primacy If then the Rights and Liberties of the one as being against the Law of God be duely and lawfully taken away notwithstanding any matter clause or sentence contained in the great Charter the other having but little reason by colour of the great Charter to stand upon their pantofles and to contend for their painted sheaves for this is a Rule and Maxime in Gods laws that In omni Juramento semper excipitur authoritas majoris Unlesse then they be able to justifie by the holy scriptures that such Rights and Liberties as they pretend for their spirituall Primacy over the Ministers of Christ be in Deed and Truth inferred unto them by the holy law of God I suppose the Kings Highnesse as successor to Hen. 8. and as most just inheritour of the Crown of England by the words of the great Charter and by his Oath is bound utterly to abolish all Lordly Primacy as hitherto upheld and defended partly by ignorance and partly by an unreasonable and evill Custome My Lord DIGBIES Speech in Parliament 1640. Master Speaker THis happie meeting is to bemoane and redresse the unhappie State of this Common-wealth Let me have I beseech you your leave to give you in a word a short view of our griefes then see whence they flow Our Lawes our liberties our lives and which is the life of all our Religion all which have been by the endeavours of so many Ages secured and made so much our owne can scarce be called ours Our Lawes the only finews and ligeaments of our estates which should run in an even streame are now made to disdaine their bancks and to overflow and drown their fields which they should gently redresse our liberties the very spirit and essence of our weale which should differ us from slaves and speake us English-men are held away by them that even whiles they take them from us cannot but confesse they are our proper dues Are not our lives in danger when an enemy disguised like a friend provoked is as it were suffered because indirectly and in vaine resisted to come almost into our bosomes to rifle some of their goods others of their loyalty which perhaps they could not neither would have touched might we with united force have resisted And lastly which is the soule of all our grievances our Religion which should have beene our Cordiall in all our distempers like a forced Virgin laments ever that her pure innocencie is taken from her and sure all these effects must have their causes That we have just and wise Lawes we may thanke those good Kings that made them the settled exposition of just circumscribed Lawes to binde and defend the Subject That they are so well framed and usefud and to containe enough to make a good King and people be perfect be safe and happie What do we owe to these grave Councellors who sate here before us and that they out-live the malice of some unbounded spirits we are beholding to them that Reprieved them from ruine with their lives and fortunes we call them ours because we are freely born to them as to the Ayre we breath in we claime them and should possesse them under the Protection of our gracious King who is their great Patron and disposes them not inconsiderately but by the advice of those learned expositors of the Lawes the Judges and those whom he trusts to be his great and faithfull Councellors If those pervert the ground and meaning of the Law and contract â—he power of it or make it speake lowder or softer as they themselves are tuned for it the blame should deservedly fall on those mistrusted ministers who are the base betrayers of his Majesties honor and his Peoples right to vindicate which necessitie hath here assembled you Mr. Speaker Is not this offence and m lice as great who should undermine my Tenour and surruptiously deprive me of my evidence by which I held my Inheritance as he who by violence should wrest it from me The Scots we have heard branded as Traytors because they have contrary to the law of Nations and their loyaltie invaded our Kingdome in Arms what other title have they merited who have invaded our Lawes and liberties the precious evidence by which we should freely enjoy our selves and our estates The first we may resist and drive forth by united force and it will be called pietie to the King and Countrie if force be lay'd against the other it will be stiled Rebellion What now remaines but that we should use the Law which because it hath beene inverted and turned against us contrary to its owne naturall and plaine disposition should now right us and it self against our Adversaries Surely the Law is not so weak and improvident to take care for others and never provide
thee are utterly deleated Many evidences there be in this part of the Communion of the bodily presence of Christ very agreeable to the doctrines taught by his Secretaries which this paper cannot containe They teach us that Christ is received in the Sacrament Corporaliter both objective and subjective Corpus Christi est objectum quod recipitur corpus nostrum subjectum quo recipitur The booke of England abolisheth all that may import the oblation of any unbloudy Sacrifice but here we have besides the Preparatorie oblation of the Elements which is neither to be found in the booke of England now nor in King Edwards booke of old the oblation of the body and bloud of Christ which Bellarmine calleth Sacrificium Laudis quia Deus per illud magnopore laudatur This also agreeth well with their late Doctrine We are ready when it shall be judged convenient and we shall be desired to discover much more matters of this kinde as grounds layd for missa sicca or the halfe masse the private masse without the people of communicating in one kinde Of the consumption by the Priest and consummation of the Sacrifice of receiving the Sacrament in the mouth and not in the hand c. Our Supplications were many against these bookes but Canterbury procured them to be answered with terrible Proclamations We were constrained to use the remedie of Protestation but for our protestations and other lawfull meanes which we used for our deliverance Canterbury procured us to be declared Rebels and Traytors in all the Parish Kirks of England when we were seeking to posseâ—â—e our Religion in peace against these devices and Novations Canterbury kindled warre against us In all these it is knowne that he was though not the sole yet the principall Agent and Adviser When by the pacification at Barwick both Kingdoms looked for peace and quietnesse he spared not openly in the heating of many often before the King and privately at the Councell-Table and the privy Join to to speake of us as Rebels and Traytors and to speak against the pacification as dishonorable and meet to be broken Neither did his malignancie and bitternesse ever suffer him to rest till a new warre was entred upon and all things prepared for our destruction By him was it that our Covenant approven by Nationall Assemblies subscribed by his M. Commissioner and by the Lords of his M. Counsell and by them commanded to be subscribed by all the Subjects of the Kingdome as a testimony of our duty to God and the King by him was it still called ungodly damnable Treasonable by him were oathes invented and pressed upon divers of our poore Country-men upon the pain of imprisonment and many miseries which were unwarrantable by Law and contrary their Nationall oath When our Commissioners did appeare to render the reasons of our demands he spared not in the presence of the King and Committee to raile against our Nationall Assembly as not daring to appeare before the World and Kirks abroad where himselfe and his actions were able to endure tryall and against our just and necessary defence as the most malicious and Treasonable contempt of Monarchiall Government that any bygone Age hath heard of His hand also was at the Warrant for the restraint and imprisonment of our Commissioners sent from the Parliament warranted by the King and seeking the peace of the Kingdomes When we had by our Declarations Remonstrances and Representations manifested the truth of our intentions and lawfulnesse of our actions to all the good Subjects of the Kingdome of England when the late Parliament could not be moved to assist or enter in warre against us maintaing our Religion and liberties Canterbury did not onely advise the breaking up of that high and honorable Court to the great griefe and hazzard of the Kingdome but which is without example did sit still in the Convocation and make Canons and Constitutions against us and our just and necessary defence ordaining under all highest pains that hereafter the Clergie shall preach foure times in he yeare such doctrine as is contrary not only to our proceedings but to the doctrine and proceedings of other reform'd Kirks to the judgement of all sound Divines and politiques and tending to the utter slavery and ruining of all Estates and Kingdomes and to the dishonor of Kings and Monarchs And as if this had not been sufficient he procured six Subsidies to be lifted of the Clergie under pain of deprivation to all that should refuse And which is yet worse and above which malice it self cannot ascend by his means a prayer is framed printed and sent through all the Paroches of England to be sayd in all Churches in time of Divine Service next after the prayer for the Queene and Royall Progeny against our Nation by name of Trayterous Subjects having cast of all obedience to our annointed Soveraign and comming in a rebellious manner to invade England that shame may cover our faces as Enemies to God and the King Whosoever shall impartially examine what hath proceeded from himselfe in these two books of Canons and Common-prayer what Doctrine hath been published and printed these years by-past in England by his Disciples and Emissaries what grosse Poperie in the most materiall points we have found and are readie to shew in the posthume writings of the Prelate of Edinburgh and Damblane his own Creatures his nearest familiars and most willing instruments to advance his counsells and projects sall perceive that his intentions were deep and large against all the reformed Kirks and reformation of Religion which in his Majesties Dominions wes panting and by this time had rendred up the ghost if God had not in a wonderfull way of mercy prevented us and that if the Pope himselfe had been in his place he could not have been more popish nor could he more zealously have negotiated for Rome against the reformed Kirks to reduce them to the Heresies in Doctrine the Superstitions and Idolatry in worship and the Tyranny in Government which are in that Sea and for which the reformed Kirks did seperate from it and come forth of Babel From him certainly hath issued all this deluge which almost hath overturned all We are therefore confident that your Lordships will by your meanes deale affectually with the Parliament that this great firebrand be presently removed from his Majesties presence and that he may be put to triall and put to his deserved censure according to the Lawes of the Kingdome which sall be service to God honor to the King and Parliament terror to the wicked and comfort to all good men and to us in speciall who by his means principally have been put to so many and grievous afflictions wherein we had perished if God had not been with us We do indeed confesse that the Prelates of England have been of very different humors some of them of a more hot and others of them men of a more moderate temper some of them more and some
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for