Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots 7. That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentarie proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majestie to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crown and dignitie 8. And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant Generall of the Army there viz. His most excellent Majestie for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and everie the crimes and offences before set forth were done and committed and hee the said Earle was Lieutenant Generall of all his Majesties army in the North parts of England during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the libertie of exhibiting at any time here after any other accusation or impeachment against the said Earle and also of replying to the answers that hee the said Earle shall make unto the said articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations trials and judgements may be upon everie of them had and used as is agreeable to Law and Iustice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640 WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. 1. That he the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said Earle being president of the said Counsell on the 21. day of March a Commission under the great Seal of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suits debates controversies and demaunds causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said instructions it is directed that the said President and others therein appointed shall heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is diâ—ected that the said president and others therein appointed have power to examine heare and determine according to the course of proceedings in the Court of Chancery al manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold customary or coppy-holde as Leases and oter things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practise such Instructions nor haâ— they any such Instructions yet the said Earle in the moreth of May in the said 8. yeare and divers years following did put in practise exercise and use and caused to be used and put in practise the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disin-herit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Conier Darcy Sir Iohn Bourcher and divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall unjust power might be exercised with the greater licence and will did advise Counsell procure further directions in and by the said instructions to be given tha nâ— prohibition he granted at all but in cases where the said Counsell shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party performe the Decree and Order of the said Counsell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earle of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 yeare of his now Majesties Reigne to wit the last day of August then next following he the said Earle to bring his Majesties liege people into a dislike of his Majestie and of his Governement and to terrifie the Iustices of the Peace from executing of the Lawes He the said Earle beeing then President as aforesaid and a Iustice of Peace did publiquely at the Assises held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the Law in the presence of the Iustices sitting That some of the Justices were all for Law but they should finde that the Kings little finger should be heavier then the loynes of the Law 3. That the Realme of Ireland having been time out of minde anne xed to the Imperiall Crowne of England and governed by the same Lawes The said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into distike of his
the said Earle did raise an Armie in the said Realme of England consisting of eight thousand foot all of which except one thousand or thereabouts were Papists and the said one thousand were drawne out of the old Army there consisting of two thousand foote and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earle And the more to ingage and tye the new Army of Papists to himselfe and to incourage them and to discourage and weare out the old Armie the said Earle did so provide That the said new Army of Papists were duâ—ly payeâ— and had all necessaries provided for them and permitted the exercise of their Religion but the said old Army were for the space of one whole yeare and upwards unpaid And that the said Earle being appoynted a Commissioner with eleven severall Counties in the Northern parts of England for compounding with Recusants for their forfeitures due to his Majesty which Commission beareth date the eighth day of Iuly in the fifth yeare of his Majesties Reigne that now is and being also Receiver of the Composition Money thereby arising and of other debts Duties and penalties for his Majesties use by Letters Patents dated the 9. day of the said Iuly he to engage the said Recusants to him did compound with with them at low and under rates and provided that they should bee discharged of all proceedings against them in all his Majesties Courts both temporall and Ecclesiasticall in manifest breach of and contrary to the Lawes and Statutes of this Realme in that behalfe established 19 That the said Earle having taxed and levied the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royall command he the said Earle in May the 15 yeare of his Majesties Reigne did of his owne authority contrive and frame a new and unusuall oath by the purport whereof among many other things the party taking the said oath was to sweare that he should not protest against any of his Majesties royall commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty his government there and compelled divers of his Majesties said subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10 of October Anno Dom. 1639. He fined Henry Steward and his wife who refused to take the said oath 5000. pounds a piece and their 2. daughters and Iames Gray 3000. pounds a piece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters and Iames Gray being the Kings liege people of the Scottish Nation and divers others he used in like manner and the said Earle upon that occasion did declare that the said oath did not onely oblige them in point of allegiance to his Majesty and acknowledgement of his Supremacie only but to the Ceremonies and governement of the Church established or to be established by his Majesties Royall authoritie and said that the refusers to obey he would prosecute to the blood 20 That the said Earle in the 15. and 16. yeares of his Majesties Reigne and divers yeares past laboured and endevoured to beget in his Majestie an ill opinion of his subjects namely those of the Scottish Nation and diverse and sundry times and especially since the Pacification made by his Majestie with his said Subjects of Scotland in Summer in the 15 yeare of his Majesties Reigne he the said Earle did labour and endeavour to perswade incite and provoke his Majestie to an offensive warre against his said Subjects of the Scottish Nation And the said Earle by his counsell actions and endeavours hath beene and is a principall and chiefe incendâ—ary of the warre and discord betweene his Majestie and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty that the demand made by the Scots in this Parliament were a sufficient cause of warre against them The said Earle having formerly expressed the height rancor of his minde towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15. yeare of his Majesties Reâ—gne he said that the Nation of the Scots were â—â—bâ—â—s and traytors and hee beeing then about to come to England he then further said that if it pleased his Master meaning his Majesty to send him backe againe hee would root cut of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said oath in the precedent Article onely excepted and the sayd Earle hath caused divers of the said ships and goods of the Scots to bee stayed seized and molested to the intent to set on the said warre 21. That the said Earle of Strafford shortly after his speeches mentioned in the last precedent Article to wit in the fifteenth yeare of his Majesties Reigne came into this Realme of England and was made Lord Lieutenant of Ireland and continued his government of that Kingdome by a Deputy At his arrivall here finding that his Majestie with much wisedome and goodnesse had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all meanes to procure his Majesty to breake that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majestie to an offensive war against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that war he counselled his Majesty to call a Parlament in England yet the said Earle intended if the said proceedings of that Parliament should not be such as would stand with the said Earle of Straffords mischievous designes he would then procure his Majestie to breake the same and by wayes of force and power to raise monies upon the said subjects of this Kingdome And for the incouragement of his Majestie to hearken to his advice he did before his Majesty and his privie Counsell then sitting in Counsell make a large Declaration that he would serve his Majesty in any other way incase the Parliament should not supply him 22 That in the moneth of March before the beginning of the last Parliament the said Earle of Stafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a war against the Scots And gave directions for the raising of an Army consisting of 8000. foot and 1000. horse being for the most part Papists as aforesaid And confederating with one Sir George Râ—dcliffe did together with him the said Sir George trayterously conspire to employ the said Army for the
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
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
to the Lord Conttington then present said That this was a poynt worthy his Lordships consideration 27 That in or about the Moneth of August last he was made Lieutenant Generall of all his Majesties Forces in the Northerne parts against the Scots and being at York did in the Moneth of September by his owne authority and without any lawfull warrant impose a Taxe on his Majesties Subjects in the County of Yorke of eight pence perâ—iem for maintenance of every Souldier of the Trayned bands of that County which Summes of money hee caused to bee leavied by force And to the end to compell his Majesties Subjects out of feare and terrour to yeeld to the payment of the same He did declare that hee would commit them that refused the payment thereof and the Souldiers should be satisfied out of their estates and they that refused it were in very little better condition than of High Treason 28 That in the Moneth of September and October last he the said Earle of Strafford being certesild of the Scottish Army comming into the Kingdome and hee the said Earle of Strafford being Lieutenant Generall of his Majesties Armie did not provide to the defence of the Towne of New-Castle as he ought to have done but suffred the same to be lost that so hee might the more incence the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings kingdoms of England and Scotland in a Nationall and bloody Warre he did write to the Lord Conway the Generall of the Horse and under the said Earles command that hee should fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earle that his Majesties Armie then under his command was not of force sufficient to encounter the Scots by which advice of his hee did contrary to the duty of his place betray his Majesties Armie then under his command to apparent danger and losse All and every which Words Counsells and Actions of the said Earle of Strafford traiterously and contrary to his allegeance to our Soveraigne Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majesty and to set a division betweene them and to ruine and destroy his Majesties said Kingdomes For which they doe further impeach him the said Thomas Earle of Strafford of High Treason against our Soveraigne Lord the King his Crowne and Dignity The Earle of Bristowes Speech the 7th of Decemb. 1640. MAY this dayes Resolution be as happy as the Proposition which now moves me to rise seasonable and necessary for whether wee shall looke upon the King or the people it did never more behoove us the great Physitian the Parliament to effect a true consent towards all parts than now This debate carries with it a double aspect towards the Soveraigne and towards the Subject though both innocent both injured both to be cured In the representation of Injuries I shall crave your attention In the Cures I shall beseech your equall cares and better Iudgements surely in the greatest humility I speake it their illegall wayes are works and punishments of indignation The raising of Leavies strengthened by Commission with un-heard of instructions the billiting of Souldiers and by Lieutenants and their Deputies without leave have beene as if they would have perswaded Princes nay worlds the right of Empire had beene had to take away what they please by strong hands and they have endeavoured as farre as it was possible for them to doe it This hath not beene done by the King under the pleasing shade of whose Crowne I hope we shall ever gather the fruits of Iustice but the Projectors have extended the Prerogative of the King beyond the limits which mars that sweete harmony They have rent from us the light of our eyes enforced Companies of guests upon us worse than the Ordinary of France vitiated of wives and daughters before our faces brought the Crowne to greater want than ever it was by anticipating the Revenue And can the shepheard be thus smitten and the sheepe not scattered They have introduced a Privie Councell ravishing at once the spheares of all ancient government imprisoning without Bayle or Bond. They have taken from us what shall I say indeed what have they left us All meanes of supplying the King and ingratiating our selves with him taking the rootes of all propriety which if it be seasonably set into the ground by his owne hand we shall have instead of beauty baldnesse To the making of them whole I shall apply my selfe and propound a remedy to all these diseasis by one and the same thing Hath King and People beene hurt and by one and the same thing must they be cured to vindicate what new things no our ancient sober vitall libertie by reinforming our ancient Lawes made by our Ancestors by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them And shall wee thinke that a way to breake a Parliament no our desires are modest and just I speake truely both for the interest of the King and people if we enjoy not this it will bee impossible to relieve him Therefore let us feare they shall not bee accepted by his goodnesse Therefore I shall discend unto my motions which consists of foure parts two of which have relation to the persons two to the properties of goods For the persons the freedome of them from imprisonment and from imployment abroad contrary to the ancient customes for our goods that no leavies be made but in Parliament Secondly no billiting of Souldiers It is most necessary that these be resolved that the subject be secured in both Then the manner in the second place be fit to det-ermine it by a grand Committee Mr. MAINARDS Speech before both Houses in Parliament on Wednesday 24 th of March in reply upon the Earle of Straffords answer to his Articles at the Barre My Lords I Shall repeat little of that which hath beene said onely this That whereas my Lord of Strafford did answer to many particulars yet hee did not answer to that which was particularly objected against him that is that you were to heare the complaints of the whole Kingdome now the particular of our aime is to take off the vizard which my Lord hath put on wherein the truth and honour which is due to his Majestie he would attribute to himselfe My Lords there is one thing which I desire your Lordships to remember it being the maine of our complaints The alteration of the face of government and tradacing of his owne Lawes and this is the burthen upon all the Lords and Commons of Ireland Concerning the breach of Parliament he would put it on Sir George Ratcliffe but iâ—me sure he cannot put off himselfe for Sir George
studied Speech I come to speake my heart and to speake it clearely and plainely and then leave it to your clemencie and Justice and I hope if any thing shall slip from me to work contrary to my meaning or intention disorderly or ill placed you will be pleased to make a favourable construction and leave me the liberty of explanation if there shall be any but I hope there shall be no cause for it I hope for my affection in Religion no man doubteth me what my education what and under whom for many yeares is well knowne I lived neere 30 yeares in the Society of Grayes Inn and if one that was a reverend Preacher in my time Doctor Sibbs were now alive hee were able to give testimony to this House that when a party ill affected in Religion sought to weary him and tyer him out hee had his chiefest encouragement from me I have now Master Speaker been 15 yeares of the Kings Councell from the first houre to this minute no man is able to say that ever I was Author Advisor or Consentor to any project It pleased the King my gracious Master after I had served him divers yeares to preferre mee to two places to be chiefe Justice of the Common Pleas and then Keeper of his great Seale I say it in the presence of God I was so far from the thought of the one and from the ambition of the other that if my Master his grace and goodnesse had not been I had never enjoyed those Honours I cannot tell Master Speaker nor I doe not know what particulars there are that may draw me into your disfavour or ill opinion and therefore I shall come very weakly armed yet to those that either in my owne knowledge or by such knowledge as is given me and not from any in this House I shall speake somewhat that I hope being truth and accompanied with clearenesse and ingenuity will at last procure some allay of that ill opinion which may perhaps be conceived of me Master Speaker I had once the Honour to sit in the place that you doe from the first time I came thither to the unfortunate time I doe appeale to all that were here then if I served you not with candor Ill office I never did to any of the House good offices I have witnesses enough I did many I was so happy that upon an occasion which once happened I received an expression and testimony of the good affection of this House towards me For the last unhappy day I had a great share in the unhappinesse and sorrow of it I hope there are enough doe remember no man within the walls of this House did expresse more symptomes of sorrow griefe and distraction then I did After an adjournment for two or three dayes it pleased his Majestie to send for me to let me know that he could not so resolve of things as hee desired and therefore was desirous that there might be an adjournment for some few dayes more I protest I did not then discerne in his Majestie and I beleeve it was not in his thoughts to think of the dissolving of this Assembly but was pleased in the first place to give me a command to deliver his pleasure to the House for an adjournment for some few dayes till the Monday following as I remember and commanded me withall to deliver his pleasure that there should be no further speeches but forth with upon the delivery of the Message come and wait upon him hee likewise commanded me if questions were offered to be put upon my Alleageance I should not dare to doe it how much I did then in all humblenesse reason with his Majestie is not for me here to speake onely thus much let me say I was no Author of any counsell in it I was onely a person in receiving commission I speake not this as any thing I now produce or doe invent or take up for my owne excuse but that Which is knowne to divers and some Honourable persons in this house to be most true All that I will say for that is humbly to beseech you all to consider That if it had beene any mans cause as it was mine betweene the displeasure of a gracious King and the ill opinion of an Honourable Assembly I beseech you lay all together lay my first actions and behaviour with the last I shall submit to your Honourable and favourable constructions For the Shipping businesse my opinion of that cause hath layne heavy upon me I shall clearely and truly present unto you what every thing is with this protestation that if in reckoning up my owne opinion what I was of or what I delivered any thing of it be displeasing or coÌ„trary to the opinion of this House that I am farre from justifying of it but submit that and all other my actions to your wisedomes and goodnesse Master Speaker the first Writs that were sent out about Shipping businesse I had no more knowledge of it and was as ignorant as any one Member of this House or any man in the Kingdome I was never the Author nor Advisor of it and will boldly say from the first to this houre I did never advise nor counsell the setting forth of any Ship-writs in my life Master Speaker it is true that I was made chiefe Justice of the Common Pleas some foure dayes before the Ship-writs went out to the Ports and Maritine places as I doe remember the 20 of October 1634. they doe beare Teste and I was sworne Justice the 16 of October so as they went out in that time but without my knowledge or privity the God of heaven knowes this to be true Master Speaker afterwards his Majestie was pleased to command my Lord chiefe Justice of the Kings Bench that then was Sir Thomas Richardson and chiefe Baron of the Exchequer that now is and my selfe then chiefe Justice of the Common Pleas to take into consideration the Presidents then brought unto us which we did and after returned to his Majestie what we had found out of those Presidents It is true that afterwards his Majestie did take into consideration that if the whole Kingdome were concerned that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes Thereupon upon what ground his Majesty took that into his consideration I doe confesse I doe know nothing of it His Majesty did command my Lord chief Justice that now is my Lord chiefe Baron and my selfe to returne our opinions whether when the whole Kingdome is in danger and the Kingdome in generall is concerned it be not according to Law and reason that the whole Kingdome and his Majestie and all interessed therein should joyne in defending and preserving thereof This was in time about one 1634. In Michaelmas Terme following his Majesty commanded â—e to goe to all the Judges and require their opinions in particular He commanded mee to doe it to every one and to charge them upon their
My Lord Keeper did first let us know that his Majesty had commanded the Lords Commissioners of the great Councell to give an account of their Treaties at Yorke and Rippon to both Houses and of his Majesties gracious intentions in a businesse so much importing the honour and safety of the Kingdome that there might be made a faithfull relation with all candor and clearnesse which was the summe of his Majesties instructions His Lordship declaring that my Lords of the upper House for the saving of time had thought fit to give this account to a Committee of both Houses which hath occasioned the meeting at this Conference and election being made of the Earle of Bristoll by the Lords Commissioners he began his Narration directed to the Lords of the upper House and to the Knights Citizens and Burgesses of the house of Commons and thus the Earle of Bristoll began That the Lords Commissioners intended not to looke further back into the businesse then the Acts of their own imployments They did intend to give no account of the pacification interrupted nor war renewed no account how the Armies in England Ireland and by Sea were designed nor of any occasion They purposed not to lay fault upon any man nor to enquire into the cause why the Scots as they pretended from necessity were drawne to enter this Kingdome nor why the Kings Army when service was to be done was out of the way But that those through whose hands these have passed might hereafter give their own account His Lordship told us that his Majesty was pleased to call his great Councell at Yorke to whom he made two propositions The first was how his Army which seemed to be in distresse for want of pay should be relieved and maintained To this to shew their duties to the King the Lords resolved to ingage themselves and to that purpose to send chosen Deputies to London to negotiate a supply The second proposition was that after the Scots had passed Northumberland taken Newcastle and possessed the Bishopricke of Duresme they sent a Petition to his Majesty which containeth in generall termes a desire to have their grievances taken into consideration Which Petition and Answer thereunto was read unto us A. N. A. and presented for our clearer understanding Upon receipt of his Majesties Answer the Scotish Lords sent his Majesty a second Petition directed in a Letter to the Earle of Lanrick K. Q. in which they made their particular demands and declared that according to his Majesties command they would advance no further and this Petition was also read and delivered unto us of which his Lordship desired that great Assembly to take especiall notice for that much of the future discourse would depend upon it The businesse thus stated at the great Councell the second proposition was what Answer should be made to that Petionary Letter and in what manner it should be carried In which his Majesty required their Councell Whereupon the Lords replyed that it was impossible for them to give any well grounded advice unlesse the true state of his affaires and the Condition of his Army were laid before them Whereupon his Majesty commanded the Earle of Traquaire N. L. to make the Narration of the Scotish businesse and their late Acts of Parliament and the Lord Lievtenant generall to give an account in what condition the Army stood and what was answered by my Lord Lievtenant was read in his owne words Besides this declaration the Earle of Bristoll delivered upon a further enquiry how the state of the businesse then stood That the Scots Army had passed Northumberland without resistance that they had disputed the passage of the River of Tyne at Newburne where our horse retyred in disorder that his Majesties foot Army consisting of twelve or fourteene thousand men in Newcastle likewise retired to Yorke whereby the Towne of Newcastle a place of great consideration was without one stroke strucken fallen into the Scots hands and the Bishopricke of Duresme drawn under Contribution That in this state the Gentry of the Bishopricke repayred to Master Treasurer who carryed them to his Majesty from whom they were referred to my Lord Lievtenant of the Army who gave them this answer positively That they could looke for no help nor protection from the King and therefore they might use the best meanes they could to preserve their lives and estates Whereby those distressed Provinces the ancient Bulwarks of this Kingdome full of brave and valiant men being now fallen into the power of an Army which of necessity must live were forced to consent to a contribution by Treaty and a very heavy one though such without which the Scotish Army could not subsist The agreement was 350. l. a day for the Bishopricke of Duresme 300. l. a day for Northumberland 200. a day for the Towne of Newcastle in all 850. l. a day which should it continue would amount unto 300000. l. for one yeare These Gentlemen much lamented their estates that the Scots should be irritated as they call it by being proclaimed Traytors His Lordship made a little digression and asked leave to speake truth in such language as the Scots had presented their state unto them That having proclamation made against them being threatned with a great Army of thirty or forty thousand men another of ten thousand out of Ireland and by Parliament declared Traytors and Rebels and having heard of another Army providing of eight or ten thousand by shipping to hinder their Trade at least their Commerce with England that they were drawne together by necessity as they pretended of defence further alledging that it was a common discourse of which they had seene papers that they should bee reduced into a Province which would be but one Summers worke and therefore they having drawne their power together as any Nation would doe and being assembled and their Country being poore taking advantage of the time and that all those Armies that should oppose them were out of the way and those unfortunate Provinces left like a list of Cloath they were forced to enter in England that thus they had lamented and thus the state stood before the Lords when it was examined in the great Councell Thus their Lordships found that the Scots had increased their confines neere fourescore miles in England and had passed the Rivers of Tweed and Tyne and that the River of Tees the boundary of Yorkeshire Duresme being possessed was not to be defended being foordable in many places by forty horse a front that if the Scots should passe that River there was no possibility to hinder them from comming to Yorke or to any part of England without hazarding a Battell which my Lord Lievtenant had declared unto them he would not advise for though the Kings Army consisted of seventeene or eighteene thousand good bodies of men yet being untrained and unused to Armes he would be loath to hazzard such an Adventure upon them but if they
This it was Master Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his accusation I was confirmed in the same beliefe during the prosecution and fortified in it most of all since Sir Henry Vaines preparatory examinations by the assurances which that worthy member Mr. Pymme gave me that his Testimony would be made convincing by some notes of what passed at the Junto concurrent with it which I ever understanding to be of some other Counsellour you see now prove but a Copie of the same Secretaries notes discover'd and produc't in the manner you have heard and those Such disioynted fragments of the venemous part of discourses no results no conclusions of Counsels which are the onely things that Secretaries should register there being no use at all of the other but to accuse and to bring men into danger But Sir this is not that which overthrowes the evidence with mee concerning the Army of Ireland nor yet that all the rest of the Iunto upon their oathes remember nothing of it But this Sir which I shall tell you is that which works with mee under favour to an utter overthrow of his evidence as unto that of the Army of Ireland Before whil'st I was a prosecutor and under tye of Secrecie I might not discover any weakenesse of the cause which now as a Judge I must Master Secretary was examined thrice upon Oath at the preparatory Committee The first time he was questioned to all the Interrogatories and to that part of the seventh which concernes the Army of Ireland he said positively in these words I cannot charge him with that But for the rest he desires time to recollect himselfe which was granted him Some dayes after he was examined a second time and then deposes these words concerning the Kings being absolved from rules of government and so forth very clearely But being prest to that part concerning the Irish Army againe can say nothing to that Here wee thought wee had done with him till divers weeks after my Lord of Northumberland and all others of the Junto denying to have heard any thing concerning those words of reducing England by the Irish Army it was thought fit to examine the Secretary once more and then he deposes these words to have beene said by the Earle of Strafford to his Majestie You have an Army in Ireland which you may imploy here to reduce or some word to that sence this Kingdome Mr. Speaker these are the circumstances which I confesse with my Conscience thrust quite out of dores that grand Article of our charge concerning his desperate advice to the King of employing the Irish Army here Let not this I beseech you be driven to an aspersion upon Master Secretary as if he should have sworn otherwise then he knew or beleeved hee is too worthy to doe that onely let thus much be inferr'd from it that hee who twice upon Oath with time of recollection could not remember any thing of such a businesse might well a third time misremember somewhat and in this businesse the difference of one Letter here for there or that for this quite alters the case the latter also being the more probable since it is confest of all hands that the debate then was concerning a warre with Scotland and you may remember that at the Bar he once said to employ there And thus Mr. Speaker I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford This was that whereupon I accused him with a free heart prosecuted him with earnestnesse and had it to my understanding beene proved should have condemned him with innocence Whereas now I cannot satisfie my conscience to doe it I professe I can have no notion of any bodies intent to subvert the Lawes treasonably or by force and this designe of force not appearing all his other wicked practises cannot amount so high with me I can finde a more easie and more naturall spring from whence to derive all his other Crimes then from an intent to bring in Tyrannie and to make his owne posterity as well as us Slaves as from revenge from Pride from Avarice from Passion and insolence of Nature But had this of the Irish Army been proved it would have diffused a complexion of Treason over all it would have beene a With indeed to bind all those other scattered and lesser branches as it were into a Faggot of Treason I doe not say but the rest may represent him a man as worthy to dye and perhaps worthier then many a Traytor I doe not say but they may justly direct us to Enact that they shall be Treason for the future But God keepe mee from giving judgement of death on any Man and of ruine to his innocent Posterity upon a Law made â posteriori Let the mark be set on the dore where the Plague is and then let him that will enter dye I know Master Speaker there is in Parliament a double power of life and death by Bill a judiciall power and a Legislative the measure of the one is what 's Legally just of the other what is prudentially and politickly fit for the good and preservation of the whole But those two under favour are not to be confounded in Judgement Wee must not peece up want of Legality with matter of convenience nor the defailance of prudentiall fitnesse with a pretence of legall Justice To condemne my Lord of Strafford judicially as for Treason my conscience is not assured that the matter will bear it And to doe it by the Legislative power my reason consultively cannot agree to that since I am perswaded neither the Lords nor the King will passe the Bill and consequently that our passing it will be a cause of great divisions and combustions in the State And therefore my humble advice is that laying aside this Bill of Attainder we may think of another saving only life such as may secure the State from my Lord of Strafford without endangering it as much by division concerning his punishment as he hath endangered it by his practices If this may not be hearkned unto let me conclude in saying that unto you all which I have throughly inculcated to mine owne conscience upon this occasion Let every man lay his hand upon his heart and sadly consider what we are going to doe with a breath either justice or murther justice on the one side or murther heightned and aggravated to its supreamest extent For as the Casuists say that he who lyes with his sister commits incest but he that marries his sister sinnes higher by applying Gods Ordinance to his crime So doubtlesse he that commits murther with the sword of Justice heightens that crime to the utmost The danger being so great and the case so doubtfull that I see the best Lawyers in diametrall opposition concerning it
called them that have been the Authors of those Evils and the Troublers of our Israel doe go unpunished it will never be better with us for now during Parliament like frozen Snakes their poyson dryes up but let the Parliament dissolve and then their poyson melts and scatters abroad and doth more hurt then ever What then must be done Why what the Playster cannot doe must be done by the Law Ense recidendum est ne pars sincera trahatur I can not better English it then in the words of a King Let them be cut of in their wickednesse that have framed mischiefe as a Law My conclusion Mr. Speaker is this Let the wofull violation of the State of Monopolies and the Petition of Right be made Felony or Premunire at the least but yet in the interim let them be made examples of punishment who have been the Authors of all those miseries according to the Counsell of Salomon Take away the wicked from before the King and his Throne shall be Established in Righteousnesse To the right Honorable the Lords Spirituall and Temporall in the high Court of Parliament assembled The humble Petition of Thomas Earle of Strafford his Majesties Lievtenant Generall of Ireland Most humbly sheweth THat in obedience to your Lordships order and in due respect and acknowledgment of your noble justice you vouchsafed this your Petitioner the other day he now expresseth in writing that humble request that he then made concerning the examining of witnesses which with your Lordships favor was this 1 That there might be no admission of any examination of witnesses in the cause till your Petitioner hath put in his answer to the charge of Treason exhibited against him 2 That after answer no witnesses should be examined before your Petitioner had the names of such witnesses delivered unto him by your Lordships order to the intent as by his Councell he should be advised he might either except against such witnesses or crosse-examine them 3 That before either of these two points should be over-ruled against your Petitioners your Lordships would be honorably pleased to heare him by his Councell at the Barre to shew cause why he humbly conceives his desires herein to be just and reasonable Finally your Petitioner humbly craves your Lordships remission if his Petition be not so formall as it ought and might be had he the help of Councell And shall ever with all expression of duty and thankfulnesse retaine in full memory your Lordships most honourable Justice and noble respects to your Petitioner the other day and pay your Lordships the duties of this whole life for the same and alwayes and unfainedly pray for your most noble Lordships increase of all everlasting honour and happinesse Concerning the Prices of Wine c. Die Mercurii Maii 26. 1641. UPon the whole matter of the Report It was resolved upon the question 1 That the Patent for the payment of 40 shillings per Tun on the Wines by the Merchants is illegall in the creation and a grievance 2 That the imposition of a penny on a quart on French Wines and two pence on a quart on Spanish Wines is a grievance 3 That the Patent of the imposition of 40 shillings per Tun is a grievance in the execution 4 That Alderman Abel and Master Richard Kilvert are the principall Projectors both in the creation and execution of this illegall imposition of 40 shill per Tun. Resolved upon the question That there shal be a Bill prepared declaring the offences of Alderman Abel and Richard Kilvert to the end they may be made exemplary Resolved c That a select Committee be named to examine who were the Referrers Advisers Sharers Complotters and Contractors and those that have received any bribe or benefit by this Patent and who drew the Patent Resolved c. That the Proclamation dated the 15th of July in the 14th yeare of the King prohibiting the Wine-Coopere to buy and sell Wine is illegall and against the liberty of the Subject Resolved c. That the Decree-made in the Star-chamber in December 1633. prohibiting retailing Vintners to dresse meat in their own houses to sell againe to guests is illegall and against the liberty of the Subject Sir Thomas Rowe his Speech at the Councell Table touching Brasse-Mony or against Brasse-Money with many notable observations thereupon July 1640. MY Lords since it hath pleased this Honorable table to command amongst others my poore opinion concerning this waighty proposition of money I must humbly crave pardon if with that freedome that becometh my duty to my good and gracious Master and my obedience to your great commands I deliver it so I cannot my Lords but assuredly conceive this intended project of infeobling the Coyn will trench very far both into the honor of Justice and profit of my Royall Master All estates do stand Magis faâ—â—a quam vi as Tacitus saith of Rome And wealth in every Kingdome is one of the essentiall marks of their greatnesse and is best expressed in the measures and purity of their moneys Hence it was that so long as the Romane Empire a pattern of the best Government held up their glory or greatnesse they ever maintained with little or no change the standard of their Coyn but after the loose time of Commodus had led in need by excesse and so by that shift of changing the standard the Majesty of that Empire fell by degrees And as Vopiscus saith the steps by which that State descended were visible most by the generall alteration of their Coynes and there is no surer simptomes of consumption in State then the corruption of the Money What Renowne is left to the Posterity of Edw. 1. in amending the standard both in puritie and weight from that of elder and barbarous times it must needs stick as a blemish upon Princes that do the contrary Thus we see it was with Hen. 6. who after he had begun with abaiting the measures he afterwards fell to abasing the matter and grâ—nted Commission to Missend and others to practise Alcamie to serve his Mint The extremity the State in generall felt by this agrievance besides the dishonor it layd upon the person of the King was not the least disadvantage his disloyall kinsman tooke to ingrace himselfe into the peoples favours to his Soveraigns Reign When Hen. the 8th had gained as much of power and glory abroad of love and obedience at home as ever any he suffered a losse by this Rock When his Daughter Queene Elizabeth came to the Crowne she was happier in Councell to amend that error of her Father for in a memoriall of the Lord Treasurer Burleighs his hand I finde that he and Sir Thomas Smith a grave and learned man advised the Queen that it was the Crown and the true wealth of her selfe and people to reduce the standard to the antient party and purity of her great Grandfather Edward the 4th and that it was not the short end of wits nor starting holes
sometimes to the great discomfort of many poore soules who for want of money can get no absolution 12 They claim their Office and Jurisdiction to be jure divino and doe exercise the same contrary to Law in their own names and under their own Seals 13 They receive and take upon them temporall Honours Dignities Places and Offices in the Common wealth as if it were lawfull for them to use both swords 14 They cognizance in their Courts and elswhere of matters determinable at the Common Law 15 They put Ministers upon Parishes without the Patrons and without the peoples consent 16 They doe yearly impose Oaths upon Churchwardens to the most apparent danger of filling the land with perjuries 17 They doe exercise Oaths Ex Officio in the Nature of an inquisition even unto the thoughts of mens 18 They have apprehended men by Pursevants without ciration or missives first sent they break up mens houses and studies taking away what they please 19 They doe aw the Judges of the Land with their greatnesse to the inhibiting of prohibition and hindering of Habeas Corpus when it is due 20 They are strongly suspected to be confederated with the Roman party in this Land and with them to be Authors Contrivers or Consenters to the present Commotions in the North and the rather because of a Contribution by the Clergy and by the Papists in the last year 1639. and because of an ill-named benevolence of six Subfidies granted or intended to be granted this yeare 1640. thereby and with these monies to ingage as much as in them lay the two Nations into blood It is therefore our humble and earnest prayer that all this Hierarchicall power may be totally abrogated if the wisdome of this Honourable House shall finde that it cannot be maintained by Gods word and to his glory And your Petitioners shall ever pray c. The Petition of the Citizens of London to both house of Parliament wherein is a Demonstration of their grievances together with their desires for Justice to be excuted upon the Earle of Strafford and other DELINQUENTS To the most Honorable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHeweth that notwithstanding his Majesties gracious Answer to the humble Petition of his Loyall Subjects in summoning this Parliament with the great care and endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Commonwealth whereof the Petitioners have already received some fruit for which they desire to return their most humble and utmost thanks yet neverthelesse they are inforced with all Humility to represent to this most Honourable assemblly some of these Obstructions which doe still hinder that freedome and fulnesse of Trade in this City they have formerly had which considering the numerous Multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdome even since the troubles in Scotland hath caused both strangers and also of our own who did furnish great summs of money to Use to call it in and remit much of it by Exchange unto Forraine pars and stands now in Expectation of what the issue of things may be The stopping money in the Mint which till then was accompted the safest place and surest staple in these parts in the world still doth hinder the importation of Bullyon the Scots now disabled to pay such debts as they owe to the Petitioners and others in the City and by reason of the oppressions exercised in Ireland their debts also are detained there The English Trade by reason of our generall distractions and fears is so much decayed that Country tradesmen can not pay their debts in London as formerly The great summs of money unduly taken by his Majesties Officers and Farmers for impositions upon Merchandize exported and imported and the want of reliefe in Courts of Justice against them The drawing out from the City great summs of money which is the life and spirit of Trade for his Majesties service in the North and being there imployed is not yet returned Besides all which from what strong and secret opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still incendiaries of the Kingdoms and other notorious offenders remain unpunished the affaires of the Church notwithstanding many Petitions concerning it and long debate about it remains unsettled the Papists still armed the Laws against them not executed some of the most active of them still at Court Priests and Jesnits not yet banished the Irish Popish army not yet disbanded Courts of Justice not yet reformed and the Earle of Strafford who as now appears hath counselled the plundering of this City and putting it to fine ransome and said it would never be well till some of the Aldermen were banged up because they would not yeeld to illegall levies of moneys hath so drawn out and spent his time in his businesse to the very great charge of the whol Kingdome and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the birth of your great endeavours and that we lie under some more dangerous plot then we can discover All which premisses with their fears and distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave consideration of this most honorable assembly as being the true causes of decay of Trade discouragement of Tradesmen and of the great scarcity of monies with the consequences they labour under And do humbly pray that their said grievances may be redressed the causes of their fears removed Justice executed upon the said Earle and other incendiaries and offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their lives liberties or estates can besecured And as in duty bound they shall ever pray c. Subscribed to this Petition 20000. all men of good ranke and quality Sir John Wrayes Speech concerning Bishops 1641. THE first challenge for Lordly Primacy hath of old been grounded out of the great Charter by which they hold an Episcopall Primacy or Jurisdiction to be long to their state of Prelacy this is their temporall soundation and main object Here I demand of them unto what Church this great Charter was granted and whether it were not granted unto the Church of GOD in England Let the words of the Magna Charta decide this which are these Concessimus Deo proâ—nobis in perpetuum quod Ecclesia Anglicana libera sit habeat omnia Jura sua iutegra libertates suas illaesas Now by this Charter if it be rightly interpreted there is first provision made that honour and worship be yeelded unto God as truly and indeed belong unto him Secondly that not only such Rights and Liberties as the King and his Progenitors but also that such as
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
in such wayes wherein the Natives of that Kingdome were unpractised and unskilfull which Proclamations so issued were by his Commands and Warrants to his Majesties Justices of Peace and other officers and by other rigorous meanes put in execution and the Flaxe wrought or ordered in other manner than as the said Proclamation prescribed was seized and employed to the use of him and his agents and thereby the said Earle endeavoured to gaine and did gaine in effect the sole sale of that native commodity 15 That the said Earle of Strafford by Proclamation dated the sixteenth of October in the fourteenth yeare of his Majesties Raigne did impose upon the Owners Masters Pursers and Boat-swaines of every ship a new and unlawfull Oath viz. that they two or more of them immediately after the arrivall of any ship within any Port or Creek in the said Kingdom of Ireland should give in a true in-voyce of the outward bulke of Wares and Merchandises and number of goods and the qualities and condition of the said goods as farre as to them should bee knowne the names of the severall Merchants proprietours of the said goods and the places from whence they were fraughted and whither they were bound to discharge which Proclamation was accordingly put in execution and sundry persons enforced to take the said unlawfull Oath 15 That the said Earle of Strafford trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the subjects of the said Realme of Ireland to bring them under his tyrannicall power and will and in pursuance of his wicked and trayterous purposes aforesaid the said Earle of Strafford in the eighth yeare of his Majesties reigne did by his owne â—uthority without any warrant or colour of Law taxe and impose great summes of money upon the Townes of Baltemore Bandenbridge Talowe and divers other Townes and places in the said Realme of Ireland and did cause the same to bee leavied upon the inhabitants of those Townes by troopes of Souldiers with force and armes in a warlike manner And on the ninth day of March in the twelfth yeare of his now Majesties Reigne trayterously did give authority unto Robert Savile a Sarjeant at Armes and to the Captains of the Companies of souldiers in severall parts of that Realm to send such numbers of souldiers to lye on the lands and houses of such as would not conforme to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to returne to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in warlike manner with force and armes put in execution accordingly and by such warlike meanes did force divers of his Majesties Subjects of that Realme to submit themselves to his unlawfull commands And in the said twelfth yeare of his Majesties reigne the said Earle of Strafford did trayterously cause certaine troops of Horse and Foot armed in warlike manner and in warlike aray with force and Armes to expell Richard Butler from the possession of Castle Cumber in the Territory of Idough in the said Realme of Jreland and did likewise and in like warlike manner expell divers of his Majesties Subjects from their houses families possessions as namely Ed. Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield divers others to the number of about an hundred families and took and imprisoned them and their wives and carryed them prisoners to Dublin and there detained them untill they did yield up surrender or release their respective estates and rights And the said Earle in like warlike manner hath during his government of the said Kingdome of Ireland subdued divers others of his Majesties Subjects easily to his will and thereby and by the meanes aforesaid hath levied warre within the said Realm against his Majesty and his liege people of that Kingdome 16 That the said Earle of Strafford the two and twentieth of February in the seventh yeare of his now Majesties Reigne intending to oppresse the said subjects of Ireland did make a proposition and obtained from his Majestie an allowance that no complaint of injustice or oppression done in Ireland should be received in England against any unlesse it first appeared that the party made first his addresse to him the said Earle and the said Earle having by such usurped tyrannicall and exâ—rbitant power expressed in the former Articles destroyed the Peeres and other Subjects of that Kingdome of Ireland in their Lives Consciences Land Liberties and Estates the said Earle to the intent the better to maintaine and strengthen his power and to bring the people into a disaffection of his Majestie as aforesaid did use his Majesties name in the execution of his said power And to prevent the Subjects of that Realme of all meanes of complaints to his Majesty and of redresse against him and his agents did issue a Proclamation bearing date the seventeenth day of Septmber in the eleventh yeare of his Majesties Reigne thereby commanding all the Nobility undertakers and others who held estates and offices in the said Kingdome except such as were imployed in his Majesties service or attending in England by his speciall command to make their personall residence in the said Kingdome of Ireland and not to depart thence without licence of himselfe And the said Earle hath since issued other Proclamations to the same purpose by meanes whereof the Subjects of the said Realme are restrained from seeking reliefe against the oppressions of the said Earle without his licence which Proclamation the said Earle hath by severall rigorous wayes as by fine imprisonment and otherwise put in execution on his Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earle 17 That the said Earle having by such meanes as afore-said subverted the Government and Lawes of the Kingdome of Ireland did in March in the sixteenth yeare of his Majesties Reigne in scandall of his Majesty of all his Kingdomes and in further Execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare that his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainly make the same a patterne for all his three Kingdomes 18 That the said Earle of Strafford for the better effecting of his traiterous designes and wicked purposes did indevour to draw dependency upon himselfe of the Papists in both Kingdomes of England and Ireland and to that end during the time of government in Ireland he restored divers Frieries and Masse-houses which had beene formerly suppressed by precedent Deputies of that Kingdome two of which houses were in the City of Dublin and had beene assigned to the use of the Vniversity there to the pretended owners thereof who have since imployed the same to the exercise of the Popish Religion And in the Moneth of May and Iune last
ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the fundamentall Laws of this Kingdome And shortly after the said Earle of Strafford returned into England and to sundry persons declared his opinion to be that his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levie what he needed and that he should bee acquitted both of God and man hee tooke some other courses to supply himselfe though it were against the will of his Subjects 23. That upon the thirteenth day of Aprill last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of of this Kingdome both in respect of Religion and the publike libertie of the Kingdome and his Majestie referring chiefly to the Earle of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earle of Strafford with the asistance of the said Archbishop did procure his Majesty by sundry speeches and messages to urge the said Commons house to enter into some resolution for his Majesties supply for maintenance of his warre against his Subjects of Scotlaâ—d before any course was taken for the reliefe of the great and pressing grievances wherewith this Kingdome was then afflicted Whereupon a demand was then made from his Majesty of 12. Subsidies for the release of ship-money onely and while the said Commons then assembled with expressions of great affection to his Majestie and his service were in debate and consideration of some supply before resolution by them made he the said Earle of Strafford with the helpe and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5. day of May last and upon the same day the said Earle of Strafford did treacherously falsely and maliciously endeavour to incense his Majesty against his loving faithfull Subjects who had been members of the said house of Commons by telling his Majesty they had denyed to supply him And afterward upon the same did treacherously and wickedly counsell and advise his Majesty to this effects viz. that having tryed the affections of his people he was loose and absolved from all rules of government and was to doe every thing that power would admit and that his Majesty had tryed all ways and was refused and should be acquitted both of God and man that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdome to obedience 24 That in the same month of May he the said Earl of Strafford falsly treacherously and maliciously published and declared before others of his Majesties Privie Counsell that the Parliament of England had forsaken the King and that in denying to supply the King they had given him the advantage to supply himselfe by other wayes and divers other times he did maliciously wickedly and falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usuall way the King might provide for the Kingdome in such waies as he should hold fit and that he was not to suffer himselfe to be mastered by the frowardnesse of the people And having so maliciously slandered the said house of Commons he did with the helpe and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that mooved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said house of Commons 25 That not long after the dissolution of the said last Parliament viz. In the moneths of May and Iune he the Earle of Strafford did advise the King to goe on rigorously in leavying the Ship-money and did procure the Sheriffes of severall Countries to be sent for for not leavying the Ship-money divers of which were threatned by him to be sued in the Starre-Chamber and afterwards by his advice were sued in the Star-chamber for not leavying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegall payments And a great loane of a hundred thousand pounds was demanded of the City of London and the Lord Major and the Aldermen and the Sheriffes of the said City were often sent for by his advice to the Councell Table to give an account of their proceedings in raising of Ship-money and furthering of that loane and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to doe he the said Earle of Strafford did use these or the like speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and they were laid by the heeles and some of the Aldermen hanged up 26 That the said Earle of Strafford by his wicked Counsell having brought his Majesty into excessive charges without any just cause he did in the month of Iuly last for the support of the said great charges counsell and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyne with the mixtures of Brasse And accordingly we procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to bee seized on and stayed to his Majesties use And when divert Merchans of London owners of the said Bullion came to his house to let him understand the great mischiefe that course would produce here and in other parts what prejudice it would bee to the Kingdome by discrediting the Mint and hindring the importation of Ballion hee the said Earle told them that the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to helpe the Rebell than to helpe his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their occasions And when in the same Moneth of Iuly the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money hee told them that the French King did use to send Commissaries of Horse with Commission to search into mens estates and to peruse their accounts so that they may know what to levie of them by force which they did accordingly leavie and turning
house is all glorious within If we which are Heires to their lawes as unto their lands will strive to make no addition to the rich inventurie of those priviledges they have bequeathed unto us yet with united spirits let us all at least prevent the dilapidation nay the diminution of the least of them This present occasion of debating Mr. Fitz-Gerralds petition exhibited to this honorable house sets before us blessings and cursings and is the first leafe as wee may terme it of the house of commons Almanak not made to serve for one but for many yeers and calculated to serve indifferently for all latitudes in which our carriage makes this and all succeeding dayes but servil and working daies or otherwise imprints this day and our priviledges in a conspicuous plausive rubrique to posterity whilest the Palladium was in Troy neither the power nor the long siege of the Grecians could prevaile against it whilest Minoes purple lockes curled from their native roots Creete was unvanquished The Morall of these affictions emphatically preach and teach us this Doctrine that the safety pregnancy glory and strength of this house is but only sent us upon this condition whilest we keepe preserve and defend our liberties our rights our priviledges unbetrayed unsuppressed and uncontrolled if any more allyed to the corruptions of our owne distempers then challenging an interest in us by a legitimate birth could involve this grave and great assembly in such epidemicall liturgie as directly to snore or at lest to wink whilest our priviledges cloathed in a purple robe of glory like a word never to be recalled escape from among us I say if ungratefull I should out off the inheritance of these immunities entailed upon us and confirmed as a monument all portion upon this younger brother of state this House of Commons what can we expect but that our Fathers Ghosts apparelled with indignation should appear unto us with this or the liking branding phrase Most ungratefull and unfortunate posterity O aetas parentum pejor Avis better had it bin for you not to live then to out-live your owne infamie If there had been a necessity you should involve your selves in a general-guilt the election ought to have beene of such a one as might have died with your selves but this like originall sinne binds your posterity to sigh for a redemption Did we bequeath unto you those faire ornaments to be stolne or snatched from you Oh where where was your vigilancy and boldnesse to present so disasterous and fatall a consequence Did we with no better successe of imitation by your labour and even unto hoarsenesse contend in the Parliament held 39. Hen. 6. as Prophecying your weakenesse leave you a record to build upon Where we admitted and priviledged one Walter Clarke a Burgesse of Chepengham though at that time in execution ad sâ—ct Reg. Did we for this purpose recommend unto you Ferrars case and our proceecings against the disturbers of his right Did we for this purpose recommend unto you Belgraves case 43. of the Queene Who notwithstanding be procured his election in Winchester by collusion yet Maugre the great opposition raised by the Earle of Huntington upon the sight of the Sheriffes returne a sufficient amerment to satisfie us we admitted and câ—nfirmâ—d him in the protection of our house did we for this purpose exemplifie unto you the case of Richard Chidder 5. Henry 4 who being arrested in his journey towards the Parliaments where note that the date of the election is the date of the priviledge They are twins of one birth wee ingraft them as a twig to bee writh'd by our common roote and quickly lopt off that so perilous authority which would prunne our branches Nay Mr. Speaker our fellowes labouring Parliament in England with their hearty commendation have transmitted unto us a precedent from each house The house of the Lords opening the gates of the Tower to prepare an entry to the censured Bishop of Lincolne and the house of Commons with like imitation and like successe having performed the same in Sir John Elliot and innumerable others But now I will endeavour to allay the distempered spirits of our Fathers whilest with more patience and duty we attend the modest corrections of our indulgent King And so exeunt Patres and Intr. H. 8. in his owne person commending the resolution and zeale of the house of Commons in preserving the lustre of their owne Priviledges from being Eclipsed aledging himselfe to be interessed in them since that he and they knit together compleated one body who in this our deserved calamities would not rather imitate us by scofs then qualifie our untimely repentance by absence of our owne murdering wrongs What may not E. 4. exprobrate unto us who in the 3. yeare of his raigne records his regall pleasure to posterity That all Acts Suites judgements censures qui dicit omne excludit nullum awarded against any Member of Parliament should be utterly void and frustrate crowning the Act with an Emphaticall epiphonema and this act to endure for ever And surely common reason is pregnant in the justification thereof That where the publique service and good is primarily intended a supersedias must issue to private respects since they cannot stand in competition and inhabit our sâ— heare If their judgements are not yet calmed and setled behold his Majesty that now is cloathed in his royall Robes and thus speaking unto you from underneath his state Gentlemen why stagger you thus that are your selves the pillars of the common-weale you are not upon breaking the Ice nor bound upon the discovery of the unknowne world each leafe reports your precedents that are like Maps that secure and expedite your fortunate Navigation From me you can expect no more satisfaction then what I have declared in the third yeer of my Raign in answer to the Petition of Right in Parliament that I am interested in the maintaining of the Priviledges of this House being a main Pillar of the liberty of my Subject the goods of one _____ being seised in my name and for my use for denying Tonnage and pondage they reassumed he being at the time of that seisure a Member of the House and whether I distasted sure I am I had no redresse As for the tender care of my interest in the fine of 10000 l. and that you admitted my Atturney generall to a favourable hearing in my behalf though against your selves a Parliamentary custome not to be written in small Print I thank you Gentlemen yet I think you know as well as I that these great sounding Fines to me have in their effects but short and little accounts if there be 3. bags the little one is mine the 5000 l. dammages to the party a summe equall or more to the defendants estate is as much as Magna Charta by those words of salvo contenemento would warrant Therefore my Judges by dividing it might have considered me somewhat whereas now the old proverbe
publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
offences were contrived committed perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their oathes of the same at such times as the said Sir R. Bolton Kt. was Lord Chancellor of Ireland or chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord chief Justice of the said Court of Common Pleas and against their Oathes of the same and at such time as the said John L. Bishop of Derry was actuall Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their allegiance severall and respective oathes taken in that behalf IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn L. B. of Derry Sir Gerard Lowther Kt. L. chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the liberty of exhibiting at any time hereafter any accusation or impeachment against the said Sir Rich. Bolton Iohn L. Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their answers which they and every of them shall make to the said Articles or any of them and of offering proof also of the premisses or of any other impeachment or accusation as shall be by them exhibited as the case shall according to the course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerard Lowther Knight Lord chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Knight and every of them be put to answer to all and every of the premisses and that all such Proceedings Examinations Triall and Iudgement may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Sir Thomas Wentworths speech XXij d. Martij 1627. MAy this dayes resolution be as happy as I conceive the proposition which now moves me to rise is seasonable and necessary for whether we shall look upon the King or the people it did never more behove this great Physitian the Parliament to effect a true consent towards the parties then now This debate carryes with it a double aspect towards the Soveraign towards the Subject though both innocent both injured both to be cured In the representation of injuries I shall crave your attention in the Cures I shall beseech your equall cares and better judgements surely in the greatest humility I speak it these illegall waies are marks and punishments of indignation The raising of Leavies strengthned by Commission with unheard of instructions the billetting of Souldiers by Lievetenants without leave have been as if they could have perswaded Christian Princes nay Worlds the right of Empire had been to take a way by strong hand and they have endeavoured as far as was possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors They have extended the prerogative of the King beyond the just Center which was the sweet harmony of the whole They have rent from us the light of our eyes inforced a company of Guests worse than the Ordinaries of France vitiated our wives and daughters before our faces brought the Crown to greater want than ever it was by anticipating the Revenue and can the Shephard be thus smitten and the flock not scattered They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government imprisoning us without Bail or Bond. They have taken from us what shall I say indeed what have â—hey left us all mean of supplying the King and ingratiating our selves with him taking up the roots of all propriety which if it be not seasonably set into the ground by his Maiesties hand we shâ—ll have instead of beauty baldnesse To the making of them whole I shall apply my self and propound a remedy to all these diseases by one and the same thing hath the King and people been hurt and by the same must they be cured to vindicate what New things No. Our ancient sober vitall liberties by reinforcing of the ancient Lawes made by our Ancestors by setting such a Character upon them as no licentious spirit shall dare hereafter to enter upon them And shall we thinke this away to break a Parliament Nâ— Our desires are modest and iust I speak truly both for the interest of the King and People If we enjoy not those it will be impossible to relieve him Therefore let us never fear that they shall not be accepted by his goodnesse Wherefore I shall descend to my motions which conconsists of four parts two of which have relation to the persons two to the propriety of goods for the persons the freedome of them from imprisoning Secondly from employments abroad contrary to the ancient customes for our goods that no leavies may be made but in Parliament Secondly no billetting of Souldiers It is most necessary that these be resolved that the Subiects may be secured in both Then for the manner in the second place it will be fit to determine it by a Grand Committee Sir Thomas Wentworths Speech 21. of Aprill Anno 1628. Right wise Right worthy TOo many instigations importune the sequell of my words First the equitie of your proceedings Secondly the honesty of my request for I behold in all your intendments a singularity grounded upon discretion and goodnesse and your consultations steered as well by Charity as extremity of justice This order and method I say of your procedings together with the importunity offered of the Subject in hand have emboldned me to solicite an extension of the late granted protections in generall The lawfulnesse and honesty of the propositions depends upon these two particulars I. The present troubles of the parties protected having run themselves into a further and almost irrecoverable hazards by presuming upon and feeding themselves with the hopes of a long continuing Parliament II. Let the second be this consequence That that which is prejudiciall to most ought to minister matter of advantage to the rest sith then our interpellations and disturbances amongst our selves are displeasing almost to all if any benefit may be collected let it fall upon those for I think the breach of our Session can befriend none but such nor such neither but by means of the grant before hand And because it is probable that his Majesty may cause a Remeeting
this next Michaelmas Let thither also reach their prescribed time for liberty And that till then their protections shall remain in as full vertue and authority as if the Parliament were actually sitting To the Right Honorable the LORD Deputie SHewing that in all ages past since the happy subiection of this Kingdome to the imperiall Crown of England it was and is a principall study and Princely care of his Maiesty and his most Noble Progenitors Kings and Queens of England and Ireland to the vast expence of Treasure and bloud that their loyall and dutifull people of this land of Ireland being now for the most part derived from the Brittish Ancestor should be governed according to the municipiall and fundamentall lawes of England that the Statute of Magna Charta or the great Charter for the liberties of England and other laudable lawes and Statutes were in severall Parliaments here enacted and declared that by the means thereof and of the most prudent and benigne government of his Maiestie and his royall Progenitors this Kingdome was untill of late in its growth to a flourishing estate whereby the said people were hertofore enabled to answer their humble and naturall desires to comply with his Maiesties Royall and Princely occasions by the free gift of 150000 l. ster and likewise by another gift of 120000 l. ster more during the government of the Lord Viscount Faulk-land and after by the gift of 40000. l. and their free and chearfull gift of 6. entire Subsidies in the 10. year of his Maiesties Reign which to comply with his Maiesties then occasions signified to the then H. of Commons they did allow should amount in the collections unto 250000. l. although as they confidently beleeve if the sayd Subsidies had not been levied in a moderate Parliamentary way they would not have amounted to much more than half the said sum besides the four entire Subsidies granted in this present Parliament So it is may it please your Lordship that by the occasion of the ensuing and other grievances and innovations though to his Maiestie no considerable profit this Kingdome is reduced to that extreme and universall poverty that the same is now lesse able to pay a Subsidie then it was heretofore to satisfie all the before recited great payments and his Maiesties most faithfull people of the same do conceive great fears that the grievances and the consequences therof may hereafter be drawn into precedents to be perpetuated upon their posterity which in their great hopes and strong belief they are perswaded is contrary to his Maiesties Royall and Princely intention towards his said people some of which said grievances are as followeth I. First the generall and apparent decay of Trades occcasioned by the new and illegall raysing of the book of Rates and Impositions as xii d. a piece custome for Hides bought for 3.4 or 5. s. and many other heavie Impositions upon native and other commodities exported and imported by reason thereof and of the extream usage and sensures Marchants are beggered and both disinabled and discouraged to trade and some of the honorable persons who gain thereby are often Iudges and parties and that in conclusion his Maiesties profit therby is not considerably advanced II. Secondly the arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lievetenant and Lord Deputy and infinite other Iudicators upon references from them derived in the nature of all actions determinable at the Common-law not limited unto certain times seasons causes and things whatsoever and the consequence of such proceedings by receiving imomoderate and unlawfull fees by Secretaries Clerkes Pursivants Serjants at Armes and otherwise by which kinde of proceedings his Majesty loseth a considerable part of his Revenue upon originall writs and otherwise and the Subject loseth the benefit of his writ of error Bill of reversall vouchers and other legall and just advantages and the ordinary course and Courts of Justice declined III. Thirdly the proceedings in civill causes at the Councell boord contrary to the law and great Charter and not mitted to any certain time or season IV. Fourthly that the Subject is in all the materiall parts thereof denyed the benefit of the principall graces and more especially of the Statute of Limitations of the 21. Jan. granted by his Majesty in the 4 year of this Reign upon great advice of the Counsell of England and Ireland and for great consideration and th n published in all the Courts of Dublin and in all the Courts of this Kingdome in open Assizes whereby all persons do take notice that contrary to his Majesties plous intention his Subiects of this Land have not enioyed the benefit of his Maiesties Princely promise thereby made V. Fiftly the extraiudiciall avoyding of Letters Patents of estates of a very great part of his Maiesties Subiects under the great Seale the publique faith of the Kingdome by private opinions delivered at Councell Boord without legall Evictions of their estates contrary to the Law and without precedent or example of any former age VI. Sixtly the Proclamation for the sole exemption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means wherof thousands of Families within this Kingdome and of his Maiesties subiects in severall Islands and other parts of the West Judies as your Petitioners are informed are destroyed and the most part of 〈◊〉 Coyne of this Kingdome is ingrossed into particular hands Insomuch that your Petitioners do conceive that the profit arising and ingrossed thereby doth surmount his Maiesties Revenues certaine and casuall within this Kingdome and yet his Maiestie receiveth but very little profit by the same VII Seventhly the unusuall and unlawfull increasing of Monopolies to the advantage of few to the disprofit of his Maiesty and the impoverishment of his people VIII Eighthly the extream and cruell usage of certain late Commissioners and other towards the Brittish Farmers and Inhabitants of the City and County of London-derry by meanes whereof the worthy plantation of that Country is almost destroyed and the Inhabitants are reduced to great poverty and many of them forced to forsake the Country the same being the first and most usefull Plantation in the large Province of Vlster to the great weakning of the Kingdome in this time of danger the sayd Plantation being the principall strength of those parts IX Ninthly the late erection of the Court of high Commission for causes Ecclesiasticall in these necessitous times the proceedings of the sayd Court in many causes without legall warrant and yet so supported as prohibitions have not been obtained though legally sought for and the excessive fees exacted by the ministers thereof and the incroaching of the same upon the iurisdiction of other Ecclesiasticall Courts of this Kingdome X. Tenthly the exorbitant and Barbarous Fees and pretended Customes exacted by the Clergie against the Law some of which have beene formerly represented to your Lordship XI Eleventhly the
of their own harvest But now the poor mans Plough goes to surrow the Seas to build Ships we labour not for our selves but to feed the excressions of Nature things grown up out of the ruines of the naturall members Monopolists Sir these are Maxima vitalia Religion Iustice property The Heart the Head the Liver of this great body and these distempered or obstructed can the subordinate parts be free No sir the truth is all is so farre out of frame that to lay open every particular grievance were to drive us into despair of cure In so great confusion where to begin first requires not much lesse care than what to apply Mr. Speaker I know 't is a plausible motion to begin with setting Gods House in order first who presses that moves with such advantage that he is sure no man will gain-say him 'T is a welbecoming zeal to prefer Religion before our own affairs and indeed 't is a duty not to be omitted where they are in equall danger But in cure of the body politique or naturall we must prefer the most pressing exigents Physitians know that Consumptions Dropsies and such like lingering diseases are more mortall more difficult to cure then slight externall wounds yet if the least Vein be cut they must neglect their greater cures to stop that which if neglected must needs exhaust the stock of nature and produce a dissolution of the whole man A Defection from the duties of our Religion is a Consumption to any State no foundation is firm that is not laid in Christ The Deniall of Iustice the abridgement of our liberties is such an obstruction as renders the Common-wealth Leprous but the wounds in our property lets out the life-blood of the people The Reformation of Church-Government must necessarily be a work of much time and God be thanked the disease is not desperate We serve one God we believe in one Christ and we all acknowledge and professe one Gospel The difference is onely de modo we vary but in Ceremonies to reduce which to the Primitive Practice must be a work of great debate is not a work for us alone to settle The stop of Iustice can yet injure but particulars 'T is true there may be many too many instances of strange oppressions great oppressors but 't will be hard to judge the Conclusion Et sic de caeteris But take from us the propriety of our estates our subsistence we are no more a people This is that veyn which hath bin so deep cut so farre exhaust that to preserve our being we must doubtlesse stop this current Then settle Rules to live by when we are sure to live Mr. Speaker he that well weighes this little word Property or propriety in our estates will finde it of a large extent The Leeches that have suckt this blood have bin Excise Benevolences Loans Impositions Monopolies Military Taxes Ship-money cum multis aliis all which spring from one Root And is it not high time to grub up that root that brings forth such fruit Shall we first stand to lop the branches one by one when we may down with all at once He that to correct an evill tree that brings forth bad fruit shall begin at the master bough and so lop downwards is in danger to fall himself before the tree falls The safer and speedier way is to begin at the root and there with submission to better judgements would I lay the Axe The Root of most of our present mischiefs and the ruine of all posterity do I hold to be that extraiudiciall Iudgement I cannot say but rather doom delivered by all the Iudges under their hands out of Court yet recorded in all Courts to the subversion of all our Fundamentall Laws Liberties and Annihilation if not Confiscation of our estates That in case of danger the King may impose upon his subiects and that he is the â—ole Iudge of the danger necessity and proportion which in brief is to take what when and where he will which though delivered in the time of a gracious and mercifull Prince who we hope will not wrest it beyond our abilities yet left to the Interpretation of a succeeding Tyrant if ever this Nation be so fortunate to fall into the hands of such it is a Record wherein every man might reade himself a slave that reades it having nothing he can call his own all prostistute to the will of another What to do in such a case we are not to seek for precedents our Honorable Ancestors taught us in the just and exemplar punishments of chief Iustice Tresilian and his Complices for giving their judgements out of Parliament against the established Laws of Parliament how tender they were of us how carefull we ought to be to continue those Laws to preserve the Liberty of our Posterity I am far from maligning the person nor in my heart wish I the Execution of any man but certainly it shall be a Iustice well becoming this House to lay their Heads at his Maiesties mercy who laid us under his feet who had made us but tenants at will of our Liberties and Estates And though I cannot but approve of Mercy as a great Vertue in any Prince yet I heartily pray it may prove a Precedent as safe and usefull to this oppressed State as that of Justice Mr. Speaker blasted may that tongue be that shall in the least degree derogate from the glory of those Halcyon dayes our fathers enjoyed during the Government of that ever blessed never to be fogot Royall Elizabeth But certainly I may safely say without detraction it was much advantage to the peace and prosperity of her Raign that the great examples of Empson and Dudley were then fresh in memory The Civility of our Laws tell us that Kings can do no wrong and then is the State secure when Judges their Ministers dare do none Since our times have found the want of such examples 't is fit we leave some to posterity God forbid all should be thought or found guilty there are doubtlesse some Ring-leaders let us sift them out In publique Government to passe by the Nocent is equall injustice as to punish the Innocent An omission of that duty now will be a guilt in us render us sham'd in History curst by Posterity our gracious and in that act of voluntary Justice most glorious King hath given up to the satisfaction of his afflicted People the authors of their Ruines the power of future preservation is now in us Et qui non servat patriam cum potest idem facit destruenti patriam What though we cannot restore the damage of the Common-wealth we may yet repair the breaches in the bounds of Monarchy Though it be with our losse and charge we shall so leave our childrens children fenced as with a wall of safety by the restauration of our Laws to their ancient vigor and lustre 'T is too true and 't is to be feared the Revenues of the Crown sold out-right
unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries and the fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves better before God and man The Protestation your Lordships shall have read unto you together with ground and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble Then the Protestation was read by Master Maynard Die Mercurii 5 May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Preamble togtheer with the Protestation which the Members of this House made the third of May shall be forthwith Printed and the Copies printed brought to the Cleark of the said House to Attest under his hand to the end that the Knights Citizens and Burgesses may send them down to the Sheriffes and Justices of Peace of the severall Shires and to the Citizens and Burgesses of the severall Cities Boroughes and Cinque Ports respectively And the Knights Citizens and Burgesses are to intimate unto the Shires Cities and Boroughes and Cinque Ports with what willingnesse all the Members of this House made this Protestation And further to signifie that as they justifie the taking of it in themselves so the cannot but approve it in all such as shall take it A Preamble with the Protestation made by the whole House of Commons the third of May 1641. and assented unto by the Lords of the upper House the fourth of May last past WE the Knights Citizens and Burgesses of the Commons House in Parliament finding to the griefe of our hearts that the designes of the Priests and Jesuits and other adherents to the See of Rome have of late more boldly and frequently put in practice then formerly to the undermining and danger of the Ruine of the true reformed Religion in his Majesties Dominions established and finding also that there hath bin and having cause to suspect there still are even during the sitting in Parliament endeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and tyrannicall government by most pernicious and wicked counsells practises plots and conspiracies and that the long intermision and unhappier breach of Parliaments hath occasioned many illegall Taxations whereupon the Subjects have beene prosecuted and grieved and that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of his Maiesties Dominions Jealousies raised and Fomented between the King and his people a Popish Armie leavied in Ireland and two Armies brought into the bowels of this Kingdome to the hazard of his Majesties Royall Person the Consumption of the Revenue of the Crown and the treasure of this Realme And lastly finding the great causes of Jealousie endeavours have beene and are used to bring the English Armie into mis-understanding of this Parliament thereby to encline that Armie by force to bring to passe those wicked counsells have therefore thought good to ioyn our selves in a Declaration of our united affections and resolutions and to make this ensuing Protestation The Protestation I A.B. Do in the presence of Almighty God promise vow and protest to maintain and defend as farre as lawfully I may with my life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all popery and popish Innovation within this Realm contrary to the said Doctrine and according to the duty of my Allegiance I will maintain and defend his Majesties Royall Person Honor and Estate As also the power and priviledge of Parliaments the lawfull Rights and Liberties of the Subjects And every person that shall make this Protestation in whatsoever he shall do in the lawfull pursuance of the same and to my power as farre as lawfully I may I will oppose and by all good wayes and means endeavour to bring condigne punishment on all such as shall by force practice counsels plots conspiraces or otherwise do any thing to the contrary in this present protestation contained and further that I shall in all Just and Honorable wayes endeavour to preserve the union and peace betwixt the three Kingdoms of England Scotland and Ireland And neither for hope fear or any other respects shall relinquish this promise vow and Protestation The Bill of Attainder that passed against Thomas Earl of STAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of high Treason for endeavouring to subvert the Ancient and Fundamentall Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own authority commanded the laying and asseising of souldiers upon his Majesties Subjects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon papâ—r Petitions in causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levie Warre against the Kings Majesty and his liege people in that Kingdome And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsell and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the Warres between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before
the levying of the Subsidies the houses leave to your Majesties consideration It is found that Goodman the Priest hath been twice formerly committed and discharged That his residence now about London was in absolute contempt of your Majesties Proclamation as the Houses are credibly informed that he hath been sometimes a Minister in the Church of England and consequently is an Apostate both Houses are very sensible that any man should presume to intercede with your Majesty in a case of so high a nature They humbly desire that a speedy course may be taken for the due execution of the laws against the Priests and Jesuits that all mischiefes before mentioned may be timely remedied by your Majesties great wisdome And lastly that Goodman the Priest be left to the justice of the law The Earle of Straffords Letter to his most Excellent Majesty dated from the Tower the 4th of May 1641. May it please your sacred Majesty IT hath been my greatest griefe in all these troubles to be taken as a person which should endeavour to represent and set things amisse between your Majesty and your People and to give counsels tending to the disquiet of the three Kingdomes Most true it is that this mine own private Condition considered it had been a great madnesse since through your grations favour I was so provided as not to expect in any kind to mend my fortune or please my mind more then by resting where your bounteous hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poore and humble advises concluded still in this That your Majesty and your people could never be happy till there were a right understanding betwixt you and them no other means to effect and settle this happinesse but by the Counsell and assent of the Parliament or to prevent the growing Evils upon this state but by intirely putting your self in the last resort upon the loyalty and good affections of your English subjects Yet such is my misfortune this truth findeth little credit the contrary seemeth generally to be believed and my selfe reputed as some thing of Separation between you and your people under a heavier censure then which I am perswaded no Gentleman can suffer Now I understand the minds of men are more incensed against me notwithstanding your Majesty hath declared that in your princely opinion I am not guilty of Treason nor are you satisfied in your conscience to passe the Bill This bringeth me into a very great straight there is before me the ruine of my Children and family hitherto untouched in all the branches of it with any foule Crimes Here is before me the many ills which may befall your Sacred person and the whole Kingdome should your selfe and Parliament part lesse satisfied one with the other then is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortall man Life or Death To say Sir that there hath not been a strife in me were to make me lesse man then God knoweth my infirmities give me And to call a destruction upon my selfe and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easie consent from Flesh and blood But with much sadnesse I am come to a resolution of that which I take to be best becomming me to look upon that which is most principall in it selfe which doubtlesse is the prosperity of Your sacred Person and the Common-Wealth infinitely before any private mans interest And therefore in few words as I put my selfe wholly upon the honour and justice of my Peers so clearly as to beseech your Majesty might please to have spared that declaration of yours on Saturday last and intirely to have left me to their Lordships so now to set your Majesties conscience at liberty I doe most humbly beseech your Majesty in prevention of mistakes which may happen by your refusall to passe this Bill And by this means remove praised be God I cannot say this accursed but I confesse this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever Establish between you and your subjects Sir my consent shall more acquit you herein to God then al â—he world can do besides To a willing man there is no injury done And as by Goâ—s grace I forgive all the world with a calmnes and meeknes of infinite Contentment to my dislodging soule So Sir to you can I give the life of this world with all the cheerfulnesse imaginable in the just acknowledgement of your exceeding favours And only beg that in your goodnesse you would vouchsafe to cast your gratious regard upon my poor Sonne and his three Sisters lesse or more and no otherwise then as their in present unfortunate Father may hereafter appeare more or lesse guilty of this death God long preserve your Majesty Your Majesties most faithfull and humble Subject and Servant STRAFFORD Tower 4 May 1641. The Petition of the EARLE of STRAFFORD unto the Lords before he Dyed To the Right Honourable the Lords Spirituall and Temporall in this present Parliament assembled THE humble Petition of Thomas late Earle of Strafford Sheweth that seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that duty which we allow to our fraile nature He shall in all Christian Patience and Charity conform and submit himselfe to your Justice in a comfortable assurance of the great Hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty GOD beseeching Your Lord-ships to finish your Pious intentions towards them And desiring that the reward thereof may be fulfill'd in You by him that is able to give above all we are able either to aske or think Wherein I trust the Honourable House of Commons will afford their Christian assistance And so beseeching your Lord-ships charitably to forgive all his omissions and infirmities he doth very heartily and truly recommend Your Lordships to the Mercies of Our Heavenly Father and that for his goodnesse he may perfect you in every good work Amen Tho. Wentworth Lord FAULKLANDS first speech in Parliament I Rejoyce very much to see this day and the want hath not lain in my affections but my lungs If to all that hath bind past I have not been as loud with my voice as any mans in the house yet truly my opinion is we have yet done nothing if we doe no more I shall add what I humbly conceive ought to be added as soone as I have said something with references to him that saies it I will first desire the forgivenesse of the House if ought I say seem to entrench upon anothers
price of moneys must rise and fall to fit their occasions we see this by raising the Exchange of Franckford and other places of their usuall time of the Marts This frequent and daily change in the Low-Countries of their moneys is no such injustice to any there as it would be here for there they being all Merchants or mechanicks they can rate accordingly their labour and their Ware whether it be Coyne or other merchandize to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongeth do so according to their just intrinsique valew of their forreign Coyn in all barter of commodities or Exchange except usance which we that are rated and tyed by the extrinsiques measure of moneys in all our constant reckonigs and annuall bargains at home cannot do And for us then to raise our Coyn at this time to equall their proportions were but to render our selves to a perpetuall incertainty for they will raise upon us daily them again which we of course shall follow else receive no profit by this present change and so destroy the Policie Justice honor and tranquilitie of our State for ever To the Right Honourable the Lord Deputy The â—â—mble and just Remonstrance of the Knights Cittizens and Burgesses in Parliament assembled SHewing that in all ages since the happy subjection of this Kingdome to the Imperiall Crowne of England it was and is a principall study and Princely care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast expence of treasure and blood That their loyall and dutifull people of this Land of Ireland beeing now for the most part derived from Brittish Ancestors should be governed according to the municipall and fundamentall Lawes of England That the statute of Magna Charta or the great Charter of the liberties of England and other laudable lawes and statutes were in severall Parliaments heere enacted and declared that by the means thereof of the most prudent benign government of his Majestie his Royall Progenitors this Kingdome was untill of late in its growth a flourishing estate whereby the said people were heretofore enabâ—ed to aâ—â—iver their humble and naturall desires to comply with his Majesties Princely and royall occasions by their free gift of 150. thousand pounds sterling and likewise by another free gift of 120. thousand pounds more during the government of the Lord Viscount Faulkland and after by the gift of 40. thousand pounds and their free and cheerefull gift of siâ—â— intire Subsidies in the tenth yeare of his Majesties Reignâ— which to comply with his Majesties then occasions signified to the then house of Commons they did allow should ammount in the Collections unto 2 hundred and fifty thousand pounds although as they confidently believe if the Subsidies had been levyed in a moderate Parliamentary way they would not have amounted to much more then halfe the sum aforesaid besides the foure intire Subsidies graunted in this present Parliament Soe it is may it please your Lordship by the occasion of insuing and other grievances and Innovations though to his Majesty no considerable profit this Kingdome is reduced to that extreame and universall poverty that the same is lesse able to pay 2 Subsidies then it was hertofore to satisfie all the before-recyted great payments his Majesties most faithfull people of the Land do conceive great fears that the said grievances and consequences thereof may be hereafter drawne into presidents to be perpetuated upon their posterity which in their great hopes and strong beliefe they are perswaded is contrary to his Royall and Princely intention towards his said people of which greivances are as followeth 1 First the generall apparant decay of Trades occasioned by the new and illegall raising of the booke of rates and impositions upon native and other Commodities exported and imported by reason whereof and of extreame usage and censures Merchants are beggered both and disinabled and discouraged to Trade and some of the honourable persons who gaine thereby often Iudges and parties And that in the conclusion his Majesties profit thereby is not considerably advanced 2. The arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lieutenant and Lord Deputy and infinite other Iudicatories upon references from them derived in the nature of all actions determinable at the Common Law not limited into certaine time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawfull fees by Secretaries Clarkes Pursivants Serjeants at Armes and otherwise by which kinde of proceedings his Majesty looseth a considerable part of his revenue upon originall writs and other wise and the Subject looseth the benefit of his writ of Error bill of reversall vouchees and other legall and just advantages and the ordinary course and Courts of Iustice declined 3. The proceedings in civill causes at Counsell board contrary to the Law and great Charter not limited to any certaine time or season 4 That the Subject is in all the materiall parts thereof denyed the benefit of the Princely graces and more especially of the statute of limitations of 21. of Iac. Graunted by his Majesty in the fourth yeare of his Raigne upon great advice of Counsell of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdome in open assizes whereby all persons doe take notice that contrary to his Majesties pious intentions his Subjects of this land have not enjoyed the benefit of his Majesties Princelie promise thereby made 5. The extrajudiciall avoyding of Letters Pattents of estates of a very great part of his Majesties subjects under the great Seale the publique faith of the Kingdome by private opinions delivered at the Counsell board without legall evictions of their estates contrary to the law and without president or example of any former age 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at every low rates and uttered at high and excessive rates by meanes whereof thousands of families within this Kingdome and of his Majesties Subjects in severall Ilands and other parts of the West Indies as your Petitioners are informed are destroyed and the most part of the coyn of this Kingdome is ingross ed into particular hands Insomuch as the petitioners do conceive that the proffit arising and engrossed thereby doth surmount his Majestyes revenue certain or cosuall within this Kingdome and yet his Majesty receiveth but very little profit by the same 7. The universall and unlawfull increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his people 8. The extream and cruell usage of certain late Commissioners and other stewards the Brittish Farmers and Inhabitants of the City and County of London Derry by meanes whereof the worthy Plantation of that Country is almost destroyed and the
into the mouth of the Prophet to Abab to speak delusions to subvert the host of God The most vehement and trayterous encounter of Sathan is lively deci hered in the true example of Job where first I observe the dismologie he overthrowes not Jobs Magna Charta he dâ—sseizes him not of his inheritance nor dispossesses him of his Leases but only disrobes him of some part of his personall estate when he proceeds to infringe Jobs liberty he doth not pillorie him nor cut off his ears nor bore him through the tongue he only spots him with some ulcers here Sathan stains when these persons by their traiterous combinations envie the very bloud that runs unspilt in our veines and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the lives of the Subjects by their arbitrary Judicature I would not my Lords be understood to impute to the Judges and infallibilitie of error nor in impeaching these to traduce those whose candor and integrity shine with more admired lustre then their white furres who like trophees of virgin-justice stood fixt and unmov'd in the rapid torrent of the times while these like strawes and chips plai'd in the streams untill they are devolv'd in the Ocean of their deserved ruine No my Lords humanum est errare and the Law allowes Writs of Error and arrest of Judgement but where there is crassa ignorantia against their Oath against the Fundamentall Elementary and known Lawes of the Kingdome Nay my Lords where it is rather praemeditaâ—a malitia where there is an emulating policie who should raze and embessell the Records in the practique that are for the tender preservation of our liberties estates and lives seeking only to be glorious in a nationall destruction as if their safety were only involved in our ruine there I have command to pitty but not excuse them To kill a Judge quatenus a Judge is not Treason but to kill a Judge sitting in the place of Iudicature is Treason not for that the Law intends it out of any malice against the party but for the malice against the Law where then can an intensive or an extensive malice be exprest or implyed against the Law then the practicall dialect of these persons impeach't speaks with a known and crying accent The Benjamites slang stones with their left hands yet they would not misse a hairs breadth these extrajudiciall proceedings are slung with the left I meane they are sinistrious and imprint their blacke and blew marks more certaine and more fatall for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable body of Iudicature should swell up into such a vast and ulcerous dimension but why should I considering this excentrick motion of the body of the Law had his birth obscure resembling the tares that were sowed in the night time but here is the difference they were sowne by the enemy in the absence of the Master but these are sowne by the Grand-masters themselves purposely to overtop and choak the expected Harvest Innovations in Law and consequently in government creep in like heresies in Religion slily and slowly pleading it the end a sawcy and usurp't legitimacy by uncontrol'd prescription My Lords this is the first sitting and I have onely chalked out this deformed body of high Treason I have not drawn it at length least it might fright you from the further view thereof in conclusion it is the humble defire of the Commons that the parties impeached may be secured in their persons sequestred from this House from the Counsell Table and all places of Iudicature as being Civiliter mortui that they may put in their answers to the Articles ready now to be exhibited against them and that all such further proceedings may be secretly expedited as may be sutable to Iustice and the precedents of Parliaments so his Majesty may appeare in his triumphant goodnesse and indulgency to his people and his people may be ravisht in their dutifull and cheerefull obedience and loyalty to his Maiesty your Lordships may live in Records to Posterity as the instrumentall reformers of those corrupted times and that the Kingdome and Common-wealth may pay an amiable sacrifice in retribution and acknowledgement of his Maiesties multiplyed providence for our preservation herein Articles of the Knights Citizens and Burgesses in the Parliament assembled against Sir Ric Bolton Kt. Lord Chancellor of Ireland John Lord B. of Derry and Sir Gerard Lowther Kt. L. Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Kt. in maintenance of the accusation whereby they and every of them stand charged with high Treason FIrst that they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John L. Bishop of Derry Sir Ger. Lowther Kt. Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight intending the destruction of the Common-wealth of this Realm have trayterously confederated and conspired together to subvert the Fundamentall Laws and Government of this Kingdom and in pursuance thereof they and every of them have trayterously contrived introduced and exercised an arbitrary and tyrannicall Government against Law thorowout this Kingdom by the countenance and assistance of Thomas Earl of Strafford then chief Governour of this Kingdom II. That they and every of them the said Sir Richard Bolton Kt. L. Chancellor of Ireland John L. Bishop of Derry Sir Gerard Lowther Kt. L. chief Justice of the Common Pleas and Sir George Radcliffe Kt. have trayterously assumed to themselves and every one of them regall power over the goods persons lands and liberties of his Majesties Subjects in this Realm and likewise have maliciously perfidiously and trayterously given declared pronounced and published many false unjust and erroneous opinions Judgements Sentences and Decrees in extrajudiciall manner against Law and have perpetrated practised and done many other trayterous and unlawfull acts and things whereby as well divers mutinies seditions and rebellions have been raised as also many thousands of his Majesties liege people of this Kingdom have been ruined in their goods lands liberties and lives and many of them being of good quality and reputation have been utterly defamed by Pillory mutilation of members and other infamous punishments By means whereof his Majesty and the Kingdom have been deprived of their service in Juries and other publike imployments and the generall trade and traffique of this Island for the most part destroyed and his Majesty highly damnified in his customes and other revenues III. That they the said Sir Rich. Bolton John L.B. of Derry Sir Ger. Lowther K. and Sir G. Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other trayterous courses have laboured to subvert the rights of Parliament and the ancient course of Parliamentary proceedings all which