submit it to your Lordships wisdome and goodnesse and seeing there is no malignity in it nor prejudice to the state That your Lordship would vouchsafe me your favour and protection and preserve me from perishing Callis January 11. 1640. Your Lordships most humble and faithfull though much distressed servant Fran. Windebanck The Lord Andevers speech concerning the pacification the 6 of March. My Lords I Did lately move your Lordships that the breach of the pacification might be speedily reviewed as the â—num necessarium and truly my opinion at that time is yet nothing altered although upon better thoughts me thinks it would first be known who did actually engage us in these fruitles dissentions and so derive the mischiefe from some originall For my Lords the kingdome cannot now long stant at gaze or undergoe new burthens Wherefore what is to be done if you intend it should prosper must presently receive life from the whole people otherwise we shall expire in a dream and when the successe differs from expectation it is not enough to cry quod non put ar am My Lords the wiseman saies there is a proper season for all things under the Sun and we often finde the experiment in naturall bodies which are voluntarily weakned to recover strength yet with a restriction to such bounds and limits as the Physitian prescribes himself and truly I think it is your Lordships case at this point either to consider what should further be done then is already or else how to get out of those labyrinths we now are in lest the words of the Psalmist come home to our selves Vendidisti populum sinepretio My Lords I am confident the House of Commons doth throughly see both into the prejudice and vast expence that these two armies lay upon the land and undoubtedly so many Gentlemen of worth as sit there will have tender eyes upon the Commonweale It will therefore become your Lordships to second them in your way and whilest they apply to publique wounds the care of this house may search the intestines for if they be not cleansed it will be but a superficiall Cure and break out againe My Lords it seems the Earle of Strafford and the Archbishop of Cant. have gone the high waies of iniquity and every one knows how to trace them but Mines under ground are most considerable which unlesse they be likewise found out may at any time spring and supplant the whole fabrick of all our labours Let us then examine this fantastick warre ab initio lest as the Duke of Burgundy made a few Sheepskins the cause of his quarrel so we shall find those sheets of paper sent under the name of a Liturgy and book of Canons were but the Mopsas of the story to divert our eyes from the main designe Therefore my humble motion shall be for a selected Committee of no great number who may have power from the House to begin ab origne mali revise every mans negotiations who was either an Actor or Counsellor since the first appearance of those troubles in Scotland and that they may examine the Scottish Counsell upon such Articles as the heavy pressure of this Kingdome shall upon common fame administer unto them By the Major The Order of the House of Commons to the Lord Major for the due observing the Sabbath day IT is this day ordered by the House of Commons the Aldermen and Citizens that serve for the City of London shall intimate to the Lord Major from this House that the Statutes for the due observing of the Sabbath be put in execution And it is further ordered that the like intimation from this House be made to the Justices of Peace in all the Counties of England and Wales And the Knights of the Shire of the severall Counties are to take care that the Copies of this Order be accordingly sent to the Justices of Peace in the severall Counties FOasmuch as the Lords Day commonly called Sunday is of late much broken and prophaned by a disorderly sort of People in frequenting Taverns Ale-houses and the like and putting to sale victuall and other things and exercising unlawfull games and pastimes to the great dishonor of God and reproach of Religion whereof the House of Commons now assembled hath been pleased to take notice and by their order intimation hath been given unto me that the Statutes for the due observing of the Sabbath be put in execution These are therefore in his Majesties name to will and require you forthwith upon the sight hereof that you give strict charge and command unto all and every the Churchwardens and Constables within your Ward that from henceforth they doe not permit or suffer any person or persons in the time of divine service or at any other time upon the Sunday to be drinking or playing in any Tavern Inne Tobacco-shop Ale-house or other victualling house whatsoever nor suffer any Fruiterer Milkwoman or Hearbwomen to stand with fruit milk herbs or any other Victuall or Wares in any the streets lanes or allies within your ward or any other wayes to put those things or any other to sale upon the Sunday at any time of the day or in the evening not to permit or suffer any Person or Persons to use or exercise upon that day any unlawfull exercises and Pastimes within your ward and that expresse charge be given to every keeper of any Tavern Inne Cookshouse Tobaccohouse Alehouse or any other tipler or victualler whatsoever within your ward that hereafter they receive not or suffer to remain any person or persons whatsoever as their guests or customers to tiple eate drinke or take Tobacco in their houses upon any Sunday other then that Inholders may receive their ordinary guests or Travellers and such like who come to remain for a time in their Inne for dispatch of their necessary businesse And if any person or persons shall be found offending in the premisses that then they be brought before me the Lord Major or some other of his Majesties Justices of Peace to the end they may receive such punishment as to justice shall appertaine And hereof not to faile as you will answer the contrary at your perill This thirteenth of Aprill 1641. Occasionall Speeches made in the House of Commons this Parliament 1641. Concerning Religion Novemb. 12. 1640. Mr. SPEAKER IT was well observed by my Lord Keeper that a multiplying Glasse may deceive but the right English Glasse of the Common-wealth never In which I discern so comely and active a Motion that out of all question some great work is here to be done some thing extraordinary is here to be decreed or else God and the King beyond all our expectations at the last breath would never so soon have cemented us again to meet in in this great Councell Mr. Speaker What an happy sight will it be to see the King and his People accord A threefold cord is not easily broken and I hope King Charles his threefold Kingdomes shall never
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
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
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
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
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
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-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
Majesties government and intending the subversion of the fundamental Lawes and setled governement of that Realme and the distraction of his Majesties liege people there did upon the 30. day of September in the ninth yeare of his now Majesties Reigne in the Citie of Dublin the chiefe Citie of that Kingdome where his Majesties privie Counsell and Courts of Iustice doe ordinarily reside and whither the Nobility and Gentry of that Realme doe usually resort for Iustice in a publikâ— Speech before divers of the Nâ—bility and Gentry and before the Major Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege people declare and publish that Ireland was a conquered Nation and that the King might doe with them what he pleased and speaking of the Charters of the former Kings of England made to that Citie he further said that their Charters were nothing worth and did binde the King no further then hee pleased 4. That Richard Earle of Corke having sued out processe in course of Law for recovery of his possessions from which he was put by colour of an order made by the said Earle of Strafford and the Counsell Table of the said Realme of Ireland The said Earle of Strafford upon a paper petition without legall proceeding did the 20 day of February in the 11. yeare of his nâ—w Majesties Reigne threaten the said Earle of Corke beeing then a Peere of the said Realme to imprison him unlesse he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. dâ—y of March in the said 11. year of the said Earle of Strafford speaking of an order of the said Counsell Table of that Realme in the time of King James which concerned a Lease which the said Earle of Corke claimed in certaine rectories or tithes which the said Earle of Cork alleaged to be of no force said That he would make the said Earle and all Ireland know so long as hee had the government there any Act of State there made or to bee made should bee as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earle of Corke in the Castle Chamber upon pretence of the breach of the said order of Counsell Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundementall Lawes and established Government of that Kingdome and scorned the said Lawes and established government 5 That according to such his Declarations and Speeches the said Earls of S r ffoâ—d did use and exercise a power above â—nd against and to the subversion of the said fundame tall Laws and established government of the said Realme of Ireland exâ—ending such his power to the goods free holds inheritances liberties and lives of his Majesties Subjects in the said Realme viz. The said Earle of Sirâ—fford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realme of Ireland give and procure to bee given against the Lord Mount Norris then and yet a Peere of Ireland and then Vice-Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the privy Signet of the said Kingdome a sentence of death by a Councell of warre called together by the said Earle of Strafford without any warrant or authority of Law or offence deserving any such punishment And hee the said Earle did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth yeare of his Majesties Reigne without any legall or due proceedings or tryall give or cause to bee given a sentence of death against one other of his Majesties Subjects whose name is yet unknowne and caused him to be put to death in execution of the said sentence 6 That the said Earle of Strafford without any legall proceedings and upon a paper Petition of Richard Ralstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdome of Ireland the said Lord Mount-Norris having beene two yeares before in quiet possession thereof 7 That the said Earle of Strafford in the Termâ— of holy Trinity in the thirteenth yeare of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defective Titles to be made and drawne up without any juâ—y or tryall or other legall processe and without the consent of parties and did then procure the ludges of the said Realme of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thâ—mas Lord Dillon a Peeâ—e of the said Realme of Ireland to be put out of possession of divers Lands and Tenements being his free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of possession disseized of their free hold by colour of the same resolution without legall proceedings whereby many hundreds of his Majesties subjects were undone and their families utterly ruinated 8 That the said Earle of Strafford upon a Petition of Sir Iohn Gifford Knight the first day of February in the said thirteenth yeare of his Majesties reigne without any regall Processe made a Decree or Order against Adam Viscount Lofts of Elie a Peere of the said Realme of Ireland and L Chancellor of Ireland did cause the said Viscount to bee imprisoned and kept close prisoner on pretence of disobedience to the said Decree or order And the said Earle without any authority and contrary to his Commission required and commanded the said Lord Viscount to yeeld unto him the great Seale of the Realme of Ireland which was then in his custody by his Majesties command and imprisoned the said Chancellour for not obeying such his command And without any legall proceedings did in the same thirteenth yeare imprison George Earle of Kildare a Peere of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearely value to the said Earle of Straffords will and pleasure and kept him a yeare prisoner for the said cause two moneths whereof hee kept him close prisosoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earle of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against dame Mary Hibbots widdow to him the said Earle of Strafford the said Earle of Strafford recommended the said Petition to the Counsell Table of Ireland where the most part of the Counsell gave their vote and opinion for the said Ladie but the said Earle finding fault herewith caused an order to be entred against the said Lady and threatned her
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
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
resolutions NOte That because some doubts were raised by severall persons out of the Commons House concerning the meaning of these words contained in the Protestation lately made by the Members of that House viz. The true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realme contrary to the same Doctrine The House of Commons did declare That by those words was and is meant only the publick Doctrine professed in the said Church so farre as it is opposite to Popery and Popish Innovations And that the said words are not to be extended to the maintaining of any forme of Worship Discipline or Government nor of any Rites or Ceremonies of the Church of England MY Lords The House of Commons have commanded me to present unto your Lordships this Protestation Every member in that House hath made it not one refusing it and they have sent it unto your Lordships with an assurance of your Lordships concurrence in the same zeale and affection for the publick safety And it is their desire your Lordships would likewise make the same Protestation which I humbly leave to your Lordships wisdomes Directions for more orderly making of the foresaid Protestation IT is thought fit that the Protestation which the Parliament late y made be taken by the Citie of London in the severall Parish Churches in the afternoon of some Lords day after Sermon before the Congregation bee dissolved by all Masters of Families their sons and men-servants in manner and forme following viz. First That forthwith notice of this intention bee given to the Minister Church-wardens and some other mee persons of each Parish in London Liberties and adjacent Parishes and some of them to give notice to the rest of the Parishioners Secondly That the Minister be entreated if he please to acquaint his Parish in his Sermon either forenoon or aftternoon with the nature of the businesse more or lesse as hee shall think fit for the better and more solemne taking of the said Protestation or if the Minister refuse it that some other bee intreated to preach that will promote the businesse or if neither of these may bee had that some other convenient course bee taken by some well affected to the businesse to stay the Parish and communicate the matter to them Thirdly That the Minister or Ministers of every Congregation first take it in his or their owne person reading the said Protestation in so distinct a voyce that all present may conveniently hear it and that all the Assembly present doe make the same Protestation distinctly after this manner every man taking this Protestation into his hand IA. B. doe in the presence of Almighty God freely and heartily promise vow and protest the same which the leading person took naming the person Fourthly That there be a Register Book wherin every man taking this vow or Protestation subscribe his name with his owne hand or mark and that the names bee taken of such as doe refuse the same Fifthly That all the Parishioners abovesaid whether in Towne or out of Towne be earnestly requested to bee present at their owne Parish Church in the afternoon of that Lords day whereon it shall be taken that every man may take it in their owne place and if any bee necessarily absent that they may bee desired to take it the next Lords day after or so soon as may bee with conveniency Sixthly and lastly That all whom it doth not immediately concerne bee earnestly requested to depart FINIS Mr. Grimstons Speech in the High Court of Parliament M. SPEAKER THese Petitions which have beene now read they are all Remonstrances of the generall and universall grievances distempers that are now in the State and Government of the Church and Commonwealth and they are not them alone But his Majesties gracious Expressions the first day of Parliament that calls me up to speak at this present contrary to my owne Intentions Mr. Speaker his Majestie who is the head of the body politique and the Father of the Common-wealth hath complained first declaring his sensiblenesse of our sufferings and amongst other things hath put us in mind of our grievances and hath freely left it to our selves for our redresse and repaire therein to begin and end as we shall think fit And this drawes mee on with much cheerefulnesse and zeale to contribute my poore endeavours to so great a work And Mr. Speaker I conceive it will not be altogether impertinent for your direction and guidance in that great place which by the favour of his Majestie and this House you now possesse a little to recollect our selves in the remembrance of what was done the last Parliament and where we ended It will likewise be very considerable what hath bin done since that Parliament and who they are that have beene the Authors and Causers of all our miseries and distractions both before and sithence Mr. Speaker the last Parliament as soone as the House was setled a Subsidiarie ayd and supply was propounded and many Arguments used to give the precedencie before all other matters and Considerations whatsoever On the other side a multitude of Complaints and Grievances of all sorts aswell concerning our Eternall as our Temporall estates were presented and put in the other ballance The wisedome of that great Councell waighing both indifferently and looking not onely upon the dangers then threatneâ— from Scotland which are now upon us but likewise taking into their consideration the Condition and Constitution of the present government here at home concluded that they were in no capacity to give unlesse their grievances were first red ressed and removed For Mr. Speaker it then was and still is most manifest and apparent that by some judgements lately obtained in Court of Justice and by some new wayes of Government lately st rted up amongst us the Law of property is so much shaken that no man can say he is Master of any thing But all that we have wee hold as Tenants by courtesie and at will and may be stripped of it at pleasure Yet Mr. Speaker desirous to give his Majestie all possible satisfaction and contentment as well in the manner of supply for expedition as in the substance and matter of it wee confined and limitted our selves but to three particulars onely and to such matters as properly and naturally should have reference and relation to those three heads 1. The first was the priviledges of Parliament 2. The second matters of Religion 3. The third the propriety of our goods and Estates And we began with the first as the great Ark in which the other two Religion and property are included and preserved Mr. Speaker the violations complained of the last Parliament touching our priviledges were of two sorts either such as had beene done in Parliament or out of Parliament Concerning the violations of the first sort it was resolved by vote that the Speaker refusing to put a question being
MY Lord Primate of Ireland and my Lords and the rest of these noble Gentlemen It is a great comfort to me to have your Lordships by me this day because I have been known to yours long time and I now desire to be heard a few words I come here my Lords to pay my last debt to sin which is death and through the mercies of God to rise again in eternall glory My Lords if I may use a few words I shall take it as a great curtesie from you I am come here my Lords to submit to the judgement that is passed against me I do it with a very quiet and contented minde I do freely forgive all the world a forgivenesse not from the teeth outwards as they say but from my heart I speak it in the presence of Almighty God before whom I stand that there is not a displeasing thought that arifeth in me against any man I thank God I say truely my conscience bears me witnesse that in all the honour I had to serve his Majesty I had not any intention in my heart but did aime at the joynt and individuall prosperity of the King and his people although it be my ill hap to be misconstrued I am not the first man that hath suffered in this kinde it is a common portion that befalls men in this life righteous judgement shall be hereafter here we are subject to errors and misiudging one another One thing I desire that I might be heard and do hope that for Christian charities sake I shall be beleeved That I was so farre from being against Parliaments that I alwayes did think Parliaments in England to be the happy constitutions of the Kingdome and Nation and the best means under God to make the King and his people happy As for my death I do hear acquit all the world and beseech God to forgive them In particular I am very glad his Majesty conceives me not meriting so severe and heavy a punishment as the utmost execution of this sentence I do infinitely rejoyce in it and in the mercy of his and do beseech God to return to him the same that he may finde mercy when he hath most need of it I wish this Kingdom all prosperity and happinesse in the world I did it living and now dying it is my wish And I professe heartily and do humbly recommend it to you and wish that every man would lay his hand on his heart and consider seriously whether the beginning of the peoples happinesse should be written in letters of bloud I fear they are in a wrong way I desire Almighty God that no one drop of my bloud rise up in judgement against them I have but one word more and that is for my Religion My Lord of Armagh I do professe my self seriously faithfully and truly to be an obedient sonne of the Church of England in that Church I was borne and bred in that Religion I have lived and now in that I dye prosperity and happinesse be ever to it It hath been said I was inclined to Popery if it be an obiection worth the answering let me say truly from my heart that since the time that I was 21. yeers of age unto this day going on 49. yeers I never had thought or doubt of the truth of this Religion nor had ever any the boldnesse to suggest to me the contrary to my best remembrance and so being reconciled to the mercies of Christ Jesus my Saviour into whose bosome I hope shortly to be gathered to enioy eternall happinesse which shall never have end I desire heartily to be forgiven of every man if any rash or unadvised words or deeds hath passed and desire all your prayers and so my Lord farewell and farewell all things in this world The Lord strengthen my faith and give me confidence and assurance in the merits of Christ Jesus I trust in God we shall all meete to live eternally in Heaven and receive the accomplishment of all happinesse where every fear shall be wiped from our eyes and sad thought from our hearts And so God blesse this Kingdome and Jesus have meroy on my soul Then turning himself about he saluted all the Noblemen and took a solemne leave of all considerable persons on the Scaffold giving them his hand And after that he said Gentlemen I would say my prayers and I intreat you all to pray with me and for me then his Chaplain laid the book of Common-prayer upon the chair before him as he kneeled down on which he praied almost a quarter of an houre then he prayed as long or longer without a book and ended with the Lords prayer then standing up he spies his brother Sir George Wentworth and cals him to him and saith brother we must part remember me to my sister and to my wife and carry my blessing to my eldâ—st sonne and charge him from me that he fear God and continue an obedient sonne of the Church of England and that he should approve himself a faithfull subject to the King and tell him that he should not have any private grudge or revenge towards any concerning me and bid him beware that he medle not with Church livings for that will prove a moth and canker to him in his estate and wish him to content himself to be a servant to his Country as a Justice of peace in his County and not aiming at higher preferments carry my blessing also to my daughters Anne and Arrabella charge them to fear and serve God and he will blesse them not forgetting my little Infant that yet knowes neither good nor evill and cannot speak for it self God speak for it and blesse it then sayd he now I have nigh done one stroke will make my wife husbandlesse my dear children fatherles and my poore servants master lesse and seperate me from my dear brother and all my friends but let God be to you and them all in all After that going to take off his doublet and to make himselfe unready he sayd I thank God I am no more afraid of death nor daunted with any discouragements rising from any fears but do as cheerfully put off my doublet at this time or ever I did when I went to bed Then he put off his doublet and wound up his hair with his hands and put on a white cap. Then he called where is the man that should do this last office meaning the Executioner call him to me When he came and askt him forgivenesse he told him he forgave him and all the World Then kneeling down by the block he went to prayer again himself the Bishop of Armagh kneeling on the one side and the Minister on other to the which Minister after prayer he turned himself and spoke some few words softly having his hands lifted up this Minister closed his hands with his then bowing himself to the earth to lay his head on the blocke he told the Executioner that he would first lay down his hâ—ad to
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
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
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
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
of Christ and his Apostles cannot but beare witnesse against their wordly pomp and dignities and so the fire of contention breaketh forth And truely Sir the state of the Clergy is very like to fire which whilst it keeps in the Chimney it is of excellent use to warme those that approach unto it but if it once breake out into the house and get upon the house top it sets all on fire so whilst the Clergy keepe themselves within the pulpit they are of great use to stirre up the zeale and devotion of Christians but if they once flye out into the house if they begin to meddle with Civill places and jurisdictions and especially if they once get up to the Counsell-table it is seldome seene but that at length they set all on fire and what is it that maketh the fire to breake out of the chimney but too much fuell if there be but a moderate proportion of fuell the fire keepes it selfe within its bounds but if you heape faggot upon faggot a whole Cart load together then it breaketh out So Sir if there bee a competent maintenance for the Ministery they will keep themselves within their bounds but if Living be heaped upon Living and Temporalities added to Spiritualities the flame will soone breake out and set the house on fire Sir I doe not envy the wealth or greatnesse of the Clergy but I am very confident if those were lesse they would be better and doe more service to Christ and his Church and I am very clear in mine owne heart that the livings of the Clergy being more equally distributed the service of God would be so farre from receiving any prejudice that it would bee much advanced and withall a good proportion of revenue might returne againe to the Crowne from whence it was first derived Sir Bishopricks Deanries and Chapiters are like to great wasters in a Wood they make no proofe themselves they cumber the ground whereon they stand and with their great Armes and Boughes streiched forth on every side partly by their shade and partly by their sowre droppings they hinder all the young wood under them from growing and thriving To speake plaine English these Bishops Deanes and Chapiters doe little good themselves by preaching or otherwise and if they were felled a great deale of good timber might be cut out of them for the uses of the Church and Kingdome at this time A fresh stoole of three or foure able Ministers might spring up in their stead to very good purpose in these great Townes which are Ordinarily the Seats of those Episcopall and Collegiate Churches and the private Congregations of divers Parochiall Churches might thrive and grow better which now have the Sunne of Gods Word I meane the cleare and spirituall preaching thereof kept from them and live in the dangerous shade of ignorance by reason that all the meanes is taken from them and appropriated unto Bishops or to Deanries and Chaptiers and other such Collegiate Churches Besides such as doe begin to grow and start up through the voluntary pains of some amongst them or by such preaching as they themselves have procured by their voluntary contributions should not still bee dropped on as they are from the armes and appendances of those great wasters and kept downe continually by their bitter persecutions That which remaines now is to shew how these great Revenues and Dignities become the seedes of superstition and that is this The Clergy in the maintenance of their greatnesse which they are neither willing to forgoe nor yet well able to maintaine upon the principles of the Reformed Religion finding that the popish principles whereon the Bishop of Rome built his greatnesse to suit well unto their ends that maketh them to side with that party and that must needs bring in superstition and as ambition allureth on the one side so the principles they goe by draw them on farther and farther and happily at length farther than they themselves at first intended Whether a reconciliation with Rome were imagined or no by some I leave it to every one to judge within himselfe But sure I am if an accommodation could have beene made in some fashion or other with the Church of Rome the Clergy might againe be capable of forraigne preferments and Cardinals Caps and this is no small temptation Now Sir I am at an end onely I shall draw out three conclusions which I conceive may clearely be collected out of what I have said First that civill jurisdiction in the persons of Clergy-men together with their great Revenues and high places of dignity is one great cause of the evills which we suffer in matter of Religion Secondly that the sole and arbitrary power of Bishops in the ordaining and detriving of Ministers and in Excommunication and absolution is another great cause of the evills we suffer in matter of Religion Thirdly the strict urging of Subscription and Conformity to the Ceremonies and Canons of the Church is another great cause of evill which wee suffer in matter of Religion And now my humble motion is that we should take a piece onely of this subject into our consideration but the whole matter and that not onely that part of the Ministers Remonstrance which hath beene read should be referred to the Committee which you are about to name but Londons Petition also and all other Petitions of the like nature so soone as they shall bee read in the house and that the Committee may collect out of them all such heads as are fit for the consideration of this house and surely that is fit to bee considered that happily will not be thought fit to be altered consideration is one thing and alteration another where there is a mixture of bad and good together the whole must bee considered that we may know how to sever the good from the bad and so retaine the one and reject the other which is all that I desire And if any thing have fallen from me more inconsiderate as in so long a discourse many things may have done I humbly crave the pardon of the house protesting that I have spoken nothing but with a minde which is ready to sacrifice the body it dwelleth in to the peace and safety of his Majesties Kingdomes and the safety and honour of his Majesty in the Government of them A Speech made before the Lords in the Upper House by Mr. Francis Rous Esquire March the 16th 1640. Against Dr. Cossens Dr. Maynwaring and Dr. Beale My LORDS I AM commanded by the House of Commons to present to your Lordships a Declaration and Impeachment against Dr. Cossens and others upon the complaint of Mr. Peter Smart which Mr. Smart was a Proto-Martyr or first Confessor of note in the late dayes of persecution The whole matter is a Tree whereof the branches and fruit are manifest in the Articles of this declaration which being read I shall with your Lordships favour discover and lay open the root The Declaration was
read and then He proceeded thus My Lords I AM now to discover the root of Mr. Smarts Persecution Your Lordships have heard of a great Designe to bring in Popery you have heard of Armies of Souldiers and particularly of the Popish Irish Armie the burthen and Complaint of the Commons But there is another Army not so much spoken of and that is an Army of Priests for since Altars came in so they delight to be called it is a saying of Gregory the Great that when Antichrist comes Preparatus est exercitus Sacerdotum There is an Armie of Priests ready to receive him this is fulfilled in our time for certainty this Army of Priests doth many wayes advance the designe and plot of Popery A first is by the subversion of our Lawes and Government our Lawes and Popery cannot stand together but either Popery must overthrow our Lawes or our Lawes must over throw Popery but to overthrow our Lawes they must overthrow Parliaments and to overthrow Parliaments they must overthrow property thy must bring the Subjects goods to be arbitrarily disposed that so there may bee no need of Parliament this hath bind done by Dr. Maynwaring whom we finde wanting yet not in the seats but in the Bar of the Lords house and the like by Dr. Beale and I think it was the intention of the late Canons A second way by which this Army of Priests advanceth the Popish Designe is the way of Treatie This hath bind acted both by writings conference Sancta Clara himselfe saith Doctâ—ssimi eorum quibusounque egi so it seems they have had conferences together And Sancta Clara on his part labours to bring the Articles of our Church to Popery and some of our side strive to meete him in that way we have a testimony that the great Arch-Priest himselfe hath said It were no hard matter to make a reconciliation if a wise man had the handling of it But I verily beleeve that as the state of Papacie stands a farre wise man than bee cannot reconcile Us without the losse of our Religion For the Pope being fastned to his Errors even by his Chaire of Inerrability hee sits still unmoved and so wee cannot meete except we come wholly to him A man standing in a Boat tyed to a Rocke when he drawes the Rope doth not draw the Rocke to the Boat but the Boat to the Rock And Sancta Clara doth in this somewhat honestly confesse it for he saith he dealt in this way of Treatie not to draw the Church to the Protestants but the Protestants to the Church A third way is a way of violence this violence they exercise partly by Secular Armes and partly by Priestly Armes which they call Spirituall for Secular Armes we have their owne confession that the late warre was Bellum Episcopale and we have the Papists confession that it was Bellum Papale for in their motives they say That the warre concernes them not onely as subjects but as Catholikes for so they falsely call themselves and if it be so then Bellum Episcopale is also Bellum Papale in the Episcopall Warre the Papall cause is advanced For the Spirituall Armes thus they come to execution When a great Man is comming his Sumpters his Furniture his Provisions goe before the Popes Furniture Altars and Copes Pictures and Images are come before and if wee beleeve Dr. Cossens the very substance of the Masse a certaine signe that the Pope was not farre off Now these fore-tunners being come if any man resist them Fire comes out of the Brambles and devoures the Cedars of Lebanon the Army of the Priests falls upon him with their Armes of Suspension Sequestration Excommunication Degradation and Deprivation And by these Armes hath Mr. Smart beene oppressed and undone Hee falls upon their Superstitions and Innovations and they fall upon him with their Armes they beate him down yea they pull him up by the rootes taking away all his meanes of maintenance and living yet they leave him life to feele his miseries Ita feriunt ut diu se sentiat mori there is no cruelty to Priesty cruelty these are they that did put our very Saviour to death the Calling is Reverend but the Corruption of it most pernicious Corruptio optimi pessima I know no reason of this change except it be that of the Apostle Because when they knew God they did not worship him as God but made a God of the World placing the excellency of Priesthood in worldly pompe and greatnesse and gave the glory of the invisible God to Pictures Images and Altars therefore God gave them up to vile affections to be implacable unmercifull and without naturall affection But whatsoever the cause is of their Corruption certainly their Armes have fallen heavily upon Mr. Smart and Priestly cruelty hath cast him into a long misery from which he could get no release by any Priestly mercy And now it is prayed that as these Delinquents by the cruell oppressions of Mr. Smart have advanced the Cause of Popery so they may in such a degree of Iustice bee punished that in them Priestly cruelty and the very cause of Popery may appeare to be punished and suppressed and that Mr. Smart suffering for the Cause of Protestancy may bee so repaired that in him pious Constancy and the very Cause of Protestancy may appeare to be righted and repaired A second Speech of the Honorable NATHANAEL FIENNES second Son to the right Honourable the Lord Say touching the Subjects Liberty against the late Canons and the new Oath Mr. Speaker NOW that we are about to brand these Canons in respect of the matter contained in them it is the proper time to open the foulenesse thereof and though much of this hath beene anticipated in the generall debate yet if any thing hath beene omitted or if any thing may bee farther cleared in that kinde it is for the service of the House that it should now be done Sir I conceive these Canons doe containe sundry matters which are not onely contrary to the Lawes of this Land but also destructive of the very principall and fundamentall Lawes of this Kingdome I shall begin with the first Canon wherein the framers of these Canons have assumed unto themselves a Parliamentary power and that too in a very high degree for they have taken upon them to define what is the power of the King what the liberty of the Subjects and what propriety hee hath in his goods If this bee not proper to a Parliament I know not what is Nay it is the highest matter that can fall under the consideration of a Parliament and such a poynt as wherein they would have walked with more tendernesse and circumspection than these bold Divines have done And surely as this was an act of such presumption as no age can parallell so is it of such dangerous consequence as nothing can be more For they doe not onely take upon them to determine matters of this nature but also
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