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A89101 A speech made by Captaine Audley Mervin to the Vpper House of Parliament in Ireland, March 4. 1640. Together with certaine articles (of high treason) against Sir Richard Bolton Lord Chancellor, John Lord Bishop of Derrie, Sir Gerard Lowther, Lord chiefe Justice of the Common-Pleas, and Sir George Radcliffe Knight. Unto which is added an humble and just remonstrance of the Parliament. Mervyn, Audley, Sir, d. 1675.; Ireland. Parliament. 1641 (1641) Wing M1889; Thomason E196_37-38; ESTC R14843 7,405 17

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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 knowne Lawes of the Kingdome Nay my Lords where it is rather praemeditata malitia where there is an emulating policy who should raze embesell the Records in the practique that are for the tender preservation of our liberties estates and lives seeking onely to be glorious in a nationall destruction as if their safety were onely 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 Iudge sitting in the place of judicature 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 speakes with a knowne and crying accent The Beniamites slang stones with their left hands yet they would not misse a haires bredth these extrajudiciall proceedings are slung with the left I meane they are sinistrous and imprint their blacke and blew markes more certaine and more fatall for that they may say Quae regio in terris nostri non plena labor is Though these things be familiar vnto us yet I cannot but admire how this unproportionable body of judicature 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 choake the expected Harvest Innovations in Law and consequently in government creepe in like heresies in Religion slily and slowly pleading in 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 drawne it at length lest it might fright you from the further view thereof In conclusion it is the humble desire 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 judicature 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 Justice and the precedents of Parliaments so his Majestie may appeare in his triumphant goodnesse and indulgency to his people and his people may be ravisht in their dutifull and cheerfull obedience and loyalty to his Majesty your Lordships may live in Records to posterity as the instrumentall reformers of these corrupted times and that the Kingdome and Common-wealth may pay an aymiable sacrifice in retribution and acknowledgment of his Majesties multiplyed providence for our preservation herein Articles of the Knights Citizens and Burgesses in the Parliament assembled against Sir Richard Bolton Kt. Lord Chancellor of Ireland Iohn Lord Bishop of Derry and sir Gerard Lowther Kr L. chiefe Justice of his Majesties Court of Common Pleas 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 Kt. Lord Chancellor of Ireland Iohn L. Bishop of Derry Sir Ger. Lowther Kt. L. chiefe Iustice of his Majesties Court of Common Pleas and Sir George Radcliffe Knight intending the destruction of the Common-wealth of this Realme have traiterously confederated and conspired together to subvert the fundamentall Lawes government of this Kingdome and in pursuance thereof they and every of them have trayterously contrived introduced and exercised an arbitrary and tyrannicall government against Law throughout this Kingdome by the countenance and assistance of Thomas Earle of Strafford then chiefe Governor of this kingdome II. That they and every of them the said sir Richard Bolton Kt. L. Chancellor of Ireland Iohn L. Bp. of Derry Sir Gerard Lowther Kt. L. chiefe Justice of the Common Pleas Sir George Radcliffe Kt have traiterously assumed to themselves every of thē regall power over the goods persons lands liberties of his Majesties subjects of this Realme and likewise have maliciously perfidiously and trayterously given declared pronounced and published many false unjust erronious opinions Iudgment Sentences Decrees in extrajudiciall māner against law and have perpetrated practised and done many other traiterous and unlawfull acts and things whereby as well divers mutinies seditions and Rebellions have bin raised as also many 1000. of his Majesties liege people of this Kingdome have bin ruined in their goods lands liberties lives many of them being of good quality and reputation have bin utterly defamed by Pillory mutilation of Members and other infamous punishments By meanes whereof his Majesty the Kingdome have bin deprived of their service in Iuries and other publique 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 Iohn L. B. of Derry sir Ger. Lowther Kt. and sir G. Radcliffe every of them the better to preserve themselves and the said Earle of Strafford in these other traiterous courses have labored to subvert the rights of Parlament and the antient course of Parliamentary proceedings all which offences were contrived committed perpetrated and done at such time as the said Rich. Bolton Sir Gerard Lowther Sir George Radcliffe Knights were privy Counsellors of state within this Kingdome and against their and every of their Oathes of the same at such times as the said Sir R. Bolton K. was Lord Chancellor of Ireland or chiefe Baron of his Majesties Court of Exchequer within this Kingdome Sir Gerard Lowther K● was L. chiefe Justice of the said Court of Common Pleas against their Oathes of the same at such time as the said Iohn L. B. of Derry was actuall Bp. of Derry within this Kingdome and were done and speciated contrary to their every of their allegeance severall and perpetrative oaths taken in that behalfe IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn Lord B. of Derry Sir Gerard Lowther Knight Lord chiese Justice of his Majesties said Court of Common Pleas Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraigne Lord the King his Crowne 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 Gerrard Lowther Sir George Radcliffe aforesaid every of them also of replying to thē every of their answers which they every of thē shall make to the said Articles or any of them of offering proofe 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 doe pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther Knight Lord Chiefe Justice of his Majesties said Court of Common Pleas and Sir George Kadcliffe Knight and every of them be put to answer all and every of the premisses and that all such proceedings examinations Tryall Judgement may be upon them and every of them had and used as is agreeable to Law and Iustice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti
A SPEECH MADE BY CAPTAINE Audley Mervin to the Vpper House of Parliament in Ireland March 4. 1640. Together With certaine Articles of high Treason against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derrie Sir Gerard Lowther Lord chiefe Justice of the Common-Pleas and Sir George Radcliffe Knight Unto which is added an humble and just Remonstrance of the Parliament Printed for HVGH PERRY Anno Dom. 1641. CAPTAINE AVDLEY MERVIN his Speech to the Lords in the Vpper House of Parliament March 4. 1640. concerning the impeachment of the Right Honourable Sir Richard Bolton Knight Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerard Lowther L. chiefe Justice of the Common-pleas and Sir George Radcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Com-mons House My Lords I Am commanded by the Knights Citizens and Burgesses of the Commons house to present unto you Irelands tragedy the gray-headed common Lawes funerall and the active Statutes death and obsequies this dejected spectacle answers but the prefiguring type of Cesars murther wounded to death in the Senate and by Brutus his bosome friend our Cesars Image by reflexion even the fundamentall Lawes and Statutes of this Kingdom the sole meanes by which our estates are confirmed our Liberties preserved our lives secured are wounded to death in the Senate I meane 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 first those unseparable twins Treason and Ingratitude In a plaine 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 party To betray a Fort is treason but it dyes with a few men To betray an Army is treason but it dyes with a limited number which may bee reinforced againe by politique industry To blow Up both Houses of Parliament is treason but succeeding Ages may replant branches by a fruitfull posteritie But this high Treason which I doe now againe in the name of the house of Commons charge and impeach Sir Richard Bolton Knight Lord Chansellour of Ireland and Sir Gerard Lowther Knight Lord chiefe Justice of the Court of Common-Pleas John L. Bishop of Derry Sir George Ratcliffe Knight is in its nature so sarre transcending any of the former that the rest seeme to bee but pettie Larcines 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 vnder feet the rich Legacies of our fore-Fathers purchased with sweate and expence I meane the Statute Lawes what is it but high Treason What is it through an Innate antipathy to their publique good to incarcerate the liberties of the Subject vnder the Jron and weighty chaines of an arbitrary government High Treason What is it since his Majestie the most aimiable and delightfull portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures judgements but to possesse if possible the hearts of his loyall Subjects of this Kingdome that he is a bloody and devouring Tyrant to provoke their never dying alleageance into a fatall desperate Rebellio What is it to violate the sacred grants of many of his Majesties Progenitors Kings and Queens of England confirmed vnder the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insert a surreptitions clause forged by some servile braine in the preamble of our last Act of Subsidies by which the Kings most excellent Majestie and the Earle of Strafford are placed in one and the same Sphere allowing them but equall influences to nourish the alleageance of this Kingdome what is this but to extoll other then regall authority and to crucifie the Majestie of cur most gracious Soveraigne betwixt the two Theeves of government Tyrannie and Treason My Lords having such a full lasting gale to drive me into the depth of these accusations I can hardly steere 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 certaine ruine of the Subject if prov'd a most favorable Prologue to usher in the Tragedy of the Actors Counsellours abetters herein What was then the first main question It was the subversion of the fundamentall Lawes of this Kingdome Letthen Magna Charta that lies prostrated besmeared and roaling in her owne gore discount her wounds as so many pregnant and vndeniable proofes marke the Epithite magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of 18. Kings the violation of which hath severall times engaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and wel be comming Oath upon all Soveraignty to vindicate preserve the immunitie there of before the Crown incircle their royall Temples in this Oath of so high consequence and generall Intrest his Majestie doth in a manner levy a fine to his Subjects vse for avoiding all fraudulent conveyances in the administratiō of Justice this oath is transplanted vnto the Judges as the Feoffees in trust appointed between his Majesty the Subject seal'd by his Majesties provident care with that emphaticall penalty that their estates and lives shall bee 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 been enacted as Fulgura ex vitro as Bugbeares to inforce the obedience of Children No my Lords the just executiō of it upon their predecessors though in breaches not so capitall might have warn'd them to have strangled their ill-borne resolutions in the cradle before they should now proclaime their infamy and petition for their punishment witnesse Sir Tho Wey land his banishment confiscation of his goods and lands only for his mercenary Justice contrary to his Oath who was chiefe Justice of the Common-Pleas in the time of Ed. 1. witnesse Sir Will Thorpe chiefe Justice of the Kings-Beach in the time of Edw. 3. who was adjudged to be hanged because he had broken the Kings oath made vnto the people where with he was intrusted for so was the interpretation of the reason entred in the Rolle Yet my Lords though Magna Charta be so sacred for antiquity though its confirmation be strengthened by Oath though it be the proper Dictionary that expounds meum and tuum and assignes every Subject his Birth-right it onely survives in the Rolles but is miserably rent and torne in the practise These words Salvo contenemento live in the Rols but these are dead in the Castle Chamber These words Nullus liber hujus ejiciatur e libero suo tenemento in praejudicium