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A89098 A speech delivered by Sir Audley Mervin Knight, His Majesties prime serjeant at law, and speaker of the House of Commons; to his grace James Duke of Ormond, Lord Lieutenant of Ireland, in the presence chamber in the castle of Dublin, the seventh of November, 1665 Mervyn, Audley, Sir, d. 1675.; Ormonde, James Butler, Duke of, 1610-1688. 1665 (1665) Wing M1885; ESTC R233460 10,182 16

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A SPEECH Delivered by Sir AVDLEY MERVIN Knight His Majesties PRIME SERJEANT AT LAW AND SPEAKER OF THE HOUSE of COMMONS TO His Grace JAMES Duke of Ormond Lord Lieutenant of Ireland IN THE PRESENCE CHAMBER in the Castle of Dublin The Seventh of November 1665. DVBLIN Printed by John Crook Printer to the Kings Most Excellent Majesty Re-printed at London and are to be sold at the Ship in Saint Pauls Church-yard 1665. May it please your Grace THE House of Commons retaining a fresh and grateful memory of the repeated advantages devolved upon them by their Addresses to your Grace have commanded me in all humility to present unto you this Instrument now in my hand being entituled A Declaration of the Knights Citizens and Burgesses in the Commons House of Parliament assembled The Importance of it voted it as to be performed with no less Solemnity then by the attendance of the whole House with their Speaker upon your Grace so to embalm it for Posterity and that by Survivorship it might speak when they were silent That it should be Entred in the Journal of their House This premised with a due respect to the Sands in your Graces Hour-glass that are not to be estimated in gross but by retail whispers unto me this Caution Not to light my Candle to the Sun or to fully the Margin of their Text with any Gloss of my own as also not to intrench on that time that measures the safety of a Kingdom I shall therefore keep up my Sails brailed and only spread a Mizen to keep me from falling off from the Sense of the House upon three Considerations that were before them which divides this Instrument into three essential parts First The Knights Citizens and Burgesses lawfully by the Kings Writ Assembled in Parliament knew themselves to be the Grand Inquest of this Kingdom who in discharge of their Duty had two things in their prospect first such occurrences at large as were conusable by them during their recess and secondly the present constitution of their House To them intent on the first of these there was a Presentment made That certain Persons not capable of a Definition for they want the specifical difference of a Rational Soul and if of a Description it would swell the Period in too great a bulk I will therefore follow the words of a Presentment That certain WICKED Persons not having the Fear of God before their eyes but being seduced by a Diabolical instigation had traiterously combin'd and confederated to raise a new Rebellion against his Majesties Crown and Dignity Had we consulted Reason only we must have suppress'd our belief of it and endors'd an Ignoramus but except we will dismember our selves and not owne our ears at their Tryal and our eyes at their Execution we must find it Billa vera Treason Sir is so comprehensive a Crime that aggravations cannot heighten it or excuses lessen it and the Laws of God of Nature and Nations have ever raised the strongest boundances to prevent the inundation of it especially such a Treason as would invert the use of Arms and alienate the hearts of Subjects to the subversion of that Government for the preservation whereof only they can be lawfully exercised and intent This turns our Cordials into poyson and our waters into bloud Kings being Gods Vicegerents upon Earth nay in Holy Writ stiled Gods the Laws have allowed that Analogy that in reference to this Crime we are to be accountable for our thoughts and since S. Austin tells us Inanis est illa Legum Censura nisi divine Legis imaginem gerit this judgment of our Law is founded on the Word of God who lodgeth the Crown and Scepter of our King in that security that he will issue Summons to the Birds of the Air to give in Evidence thoughts rebellibus against the Throne Observable is the Roman Law reported by Tacitus Qui dubitant disciverunt To scruple doubt or hesitate in performance of our Allegiance was Treason unpardonable Apostasie inexcusable The House more distinctly considered this in two instances of that Design To surprize His Majesties Castle And to seize your Graces Person Unfortunate Fortunate Castle Unfortunate to be the level mark in the eye of every Rebellion Thus the Dam paced on the three and twenty of October 1641. and now the Colt ambles such such a Colt that had not your Grace in breaking of it broke the neck of it would in a small tract of time become a resty and stubborn Monster what was this but a complicated malice in one act to disarm all His Majesties good Subjects to arm Traitors to take the Childrens bread and give it to Dogs to make the Asylum of Innocency to be the Seat of Rapine and the Palace of the King to be a Den of Thieves But Fortunate art thou yet for thou hast taken them that would have taken thee and those that by seizing thy dear Dukes Person would have beheaded thee thou bearest their heads as Trophies of thy Victory did I say Sir they would seize your Person I fear I am in some mistake did they behold your Brow either smooth or rough Love or Fear would have restrained them Tigers would have fled you upon the first account Lions have fled you upon the last May not I take up the expression of Tully against Cataline Nihil hic te ora nihil hic tc vultus moverunt Could they imagine that Spirit which courted Dangers and espoused Miseries in defence of his Great Masters Rights would tamely have surrendred up that Royal Fort and Ensigns of Royalty Could they dream that those Officers and Guards under whose vigilancy the Golden Fleece had been secure were all dreaming or if awake would have presented them with their matches put out to have pinion'd your arms which so carefully had supported theirs They knew you were Gold in the Mine Honourable by many Streams of ancient and untainted Bloud they knew also this Gold was heightned by the Stamp of Royal Authority I have read Witchcraft so improved as that they could transfer tortures from the Effigies to the Person represented Rebellion is as the sin of Witchcraft why then this were to stab the King in Effigie But had they enjoy'd a temporary Success could they think that no voice would sound out one Revengeful Obsequy That this day a great Prince was fallen in Ireland And shall Abner dye so But Sir on recollection maugre these considerations it is too true they would have seiz'd your Person and in that all ours O precipitate desire of Innovation that held the dark side of the Lanthorn unto our Reason and the light side to our Passion I conclude this with the well borrowed Caution of our House Fear God and the King and meddle not with those that are given to change Sad and fatal would this change have proved our wounds were scarce scarified the cheeks of the Widows and Fatherless scarce dry the bones and sculls silently declaiming against
joy but the hazard you expos'd your Person to make it full and compleat was their grief you would not be contented that your knowledge of it and the prevention thereof should bear one date but you watched personally night and day to encounter those conspirators in the very act Sir was this well done to throw your Person into a throng of bloudy hands and desperate hearts was this an even stake Nightingales against Hedge-sparrows and a Flag-ship to bear in to a Squadron of Fire-ships Had they lopt your little finger off though their bodies had lain gasping in heaps the victory had been theirs and our eyes would have wept out the bonfires our hands had made Therefore I am commanded to present 〈◊〉 you the humble Petition and Advice of the House of Commons That your Grace would measure your selfe not by the Resolves of your Courage but by the Interest of a People whom you love and of whom you are dearly beloved Upon the result of all this I come to discharge the strict command of the House to let your Grace know that our hearts are towards the Governour of Ireland who offer'd himself willingly for the people A single tongue though abler then I dare pretend unto were too narrow a Channel for such streams of Gratitude to glide through It may be prudence in me to imitate the Painter who being required to draw Niobes face and finding his shadows very feeble to represent the Passions of her Soul drew Niobes head in a bag But Sir be pleased to accept from me who in their Names humbly tender to your Grace their serious resentment and acknowledgement of that happiness this Kingdom enjoys by the prudent management of that great Trust our Dread Sovereign hath invested you with and in particular for that Sabbath we enjoy by so great and seasonable deliverance from the consequence of this Plot so odious to all good men accept pray Sir the tribute of their thanks as an Earnest and Assurance that with their Lives and Fortunes they will assist your Grace in vindication of His Majesties Supreme Authority and Right let the opposition be hatcht in darkness mask'd with never so specious pretences or appear if our sins should make way unto it never so formidable with Armed Power FINIS A DECLARATION OF THE KNIGHTS CITIZENS and BURGESSES IN THE Commons House OF PARLIAMENT ASSEMBLED WHEREAS certain wicked Persons of Fanatick and disloyal Principles disaffected to His Majesties just and gracious Government and to the Peace and Settlement of this His Kingdom of Ireland did in the year of our Lord God One thousand six hundred sixty three most Traiterously and disloyally conspire to raise Rebellion in this Realm and particularly had design'd on the 21 day of May in the said year 1663. to Surprise and Take His Majesties Castle of Dublin His principal Fort in this His Kingdom and to seize on the Person of His Grace the Lord Lieutenant in order to their carrying on their mischeivous contrivances for renewing bloody confusions throughout this Kingdom from which Evils this Realm and all His Majesties Subjects therein had been then but newly redeemed and that by the Blessing of God upon His Majesties Happy Restauration to His Rightful Crowns and Kingdoms And whereas we look upon those odious Conspiracies as the mischievous Contrivances of some Fanatick and Disloyal Persons of desperate Fortunes as well as of desperate and destructive Principles who endeavoured to amend their own Conditions by the Ruine of others or to set up somthing if they knew what suitable to the frenzy of their own humours and Imagnations though at the charge and hazard of others and at the price of other mens Bloods whom they laboured to seduce And whereas that their horrid Conspiracy being by the Blessing of God upon the watchful Endeavours of His Grace the Lord Lieutenant discovered and disappointed divers of the Conspsrators were apprehended and committed to Prison and some of them upon fair and equal Tryals according to the Laws of the Land were in His Majesties Court of Chief Place found Guilty and by Judgment of Law Condemned and thereupon were most deservedly Executed And whereas one of those Persons so justly Executed and some others also who were involved in the guilt of that hideous Conspiracy were Members of the Commons House of Parliament which we mention with inward sorrow and grief of heart and with horrour and detestation to find that any Persons who had the Honour under the protection of His Majesties blessed Government to be Members of this House and consequently entrusted in those weighty Affairs which for the safety and peace of the King and Kingdom are often deliberated and consulted in this House should be so ungrateful nay trayterous and disloyal as to conspire even against that Government which in the Duty of Subjects to His Majesty and the obligation of that Duty heightned by their being Members of this House they were bound by the Laws of God and Nature to contribute their best Endeavours to preserve and maintain Yet this Parliament by occasion of the several necessary Prorogations from time to time for important causes and considerations until the 26 day of October 1665. had not the opportunity of Assembling and consequently could not declare as we earnestly desired to do and as we would have done much earlier if we had been Assembled our unanimous detestation and abhorrence of that Traiterous Conspiracy And therefore upon our first Meeting in this House in this Session although many weighty Affairs lay before us yet so sensible was this House of that horrid Conspiracy and that aggravated in that Circumstance that some of the Conspirators were Members of this House as we laid all other Affairs aside for the present and in the first place entred into consideration of that particular And thereupon this House did and do hereby unanimously declare their just detestation and abhorrence of that vile and odious Conspiracy and do also declare the deep sense which this House hath of His Grace the Lord Lieutenants great Prudence Diligence and Circumspection as in his timely discovering that hideous Confpiracie so in his seasonable prevention of the sad bloody and dreadful Effects which if not so prevented might have followed thereupon throughout this Kingdom for which his continual watchful Endeavours for the Safety and Peace of the KING and Kingdom we do return to his Grace the most humble and hearty Thanks of this House and do assure him of the constant Loyalty of this House to His Majesty and their humble Obedience to His Grace whom His Majesty hath in His high Wisdom appointed for the Government of this His Kingdom and People therein under the prudent Conduct of His Majesty And that this House may not fail in any point of Duty to His Majesty we are fully resolved to make strict Inquiry what Members of this House have been so wicked as to have had any hand in those horrid Guilts so hateful to God and Man and for such as shall be found we shall take such course for the just prosecution of them as may manifest the Actions of this House to be equal and agreeable to the Declaration we have herein made as of our just detestation and abhorrence of such foul Crimes so of our bounden Duty and unfeigned Loyalty to His Sacred Majesty And to the end this our Declaration may be delivered over to Posterity and to testifie to the World the true sense we have of the Duty and Loyalty which by the Laws of God and by our Natural Allegiance to His Majestie we owe to Him and which by the blessing of God we shall be alwaies ready to pay to Him with that faithfulness which becoms the Loyalty and Obedience of good Subjects to so Great and Gracious a Majestie it is Ordered That this Declaration be entred in the Journal Books of the Proceedings of this House Dated the Second of November 1665. FINIS ORdered Nemine contradicente That the Speech delivered by Mr. Speaker yesterday to His Grace James Duke of Ormond Lord Lieutenant of this Kingdom be forthwith Printed and Published and that Mr. Speaker receive the Thanks of this House for so clearly delivering their sense therein Novemb. 8. 1665. Phil. Fernesley Cler. Parliam ORdered Nemine contradicente That the Declaration of this House entituled A Declaration of the Knights Citizens and Burgesses in the Commons House of Parliament assembled be forthwith Printed and Published Phil. Fernesley Cler. Parliam