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

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A SPEECH Delivered by Sir AVDLEY MERVIN Knight His Majesties PRIME SERJEANT AT LAW AND SPEAKER OF THE HOUSE of COMMONS TO His Grace JAMES Duke of Ormond Lord Lieutenant of Ireland IN THE PRESENCE CHAMBER in the Castle of Dublin The Seventh of November 1665. DVBLIN Printed by John Crook Printer to the Kings Most Excellent Majesty Re-printed at London and are to be sold at the Ship in Saint Pauls Church-yard 1665. May it please your Grace THE House of Commons retaining a fresh and grateful memory of the repeated advantages devolved upon them by their Addresses to your Grace have commanded me in all humility to present unto you this Instrument now in my hand being entituled A Declaration of the Knights Citizens and Burgesses in the Commons House of Parliament assembled The Importance of it voted it as to be performed with no less Solemnity then by the attendance of the whole House with their Speaker upon your Grace so to embalm it for Posterity and that by Survivorship it might speak when they were silent That it should be Entred in the Journal of their House This premised with a due respect to the Sands in your Graces Hour-glass that are not to be estimated in gross but by retail whispers unto me this Caution Not to light my Candle to the Sun or to fully the Margin of their Text with any Gloss of my own as also not to intrench on that time that measures the safety of a Kingdom I shall therefore keep up my Sails brailed and only spread a Mizen to keep me from falling off from the Sense of the House upon three Considerations that were before them which divides this Instrument into three essential parts First The Knights Citizens and Burgesses lawfully by the Kings Writ Assembled in Parliament knew themselves to be the Grand Inquest of this Kingdom who in discharge of their Duty had two things in their prospect first such occurrences at large as were conusable by them during their recess and secondly the present constitution of their House To them intent on the first of these there was a Presentment made That certain Persons not capable of a Definition for they want the specifical difference of a Rational Soul and if of a Description it would swell the Period in too great a bulk I will therefore follow the words of a Presentment That certain WICKED Persons not having the Fear of God before their eyes but being seduced by a Diabolical instigation had traiterously combin'd and confederated to raise a new Rebellion against his Majesties Crown and Dignity Had we consulted Reason only we must have suppress'd our belief of it and endors'd an Ignoramus but except we will dismember our selves and not owne our ears at their Tryal and our eyes at their Execution we must find it Billa vera Treason Sir is so comprehensive a Crime that aggravations cannot heighten it or excuses lessen it and the Laws of God of Nature and Nations have ever raised the strongest boundances to prevent the inundation of it especially such a Treason as would invert the use of Arms and alienate the hearts of Subjects to the subversion of that Government for the preservation whereof only they can be lawfully exercised and intent This turns our Cordials into poyson and our waters into bloud Kings being Gods Vicegerents upon Earth nay in Holy Writ stiled Gods the Laws have allowed that Analogy that in reference to this Crime we are to be accountable for our thoughts and since S. Austin tells us Inanis est illa Legum Censura nisi divine Legis imaginem gerit this judgment of our Law is founded on the Word of God who lodgeth the Crown and Scepter of our King in that security that he will issue Summons to the Birds of the Air to give in Evidence thoughts rebellibus against the Throne Observable is the Roman Law reported by Tacitus Qui dubitant disciverunt To scruple doubt or hesitate in performance of our Allegiance was Treason unpardonable Apostasie inexcusable The House more distinctly considered this in two instances of that Design To surprize His Majesties Castle And to seize your Graces Person Unfortunate Fortunate Castle Unfortunate to be the level mark in the eye of every Rebellion Thus the Dam paced on the three and twenty of October 1641. and now the Colt ambles such such a Colt that had not your Grace in breaking of it broke the neck of it would in a small tract of time become a resty and stubborn Monster what was this but a complicated malice in one act to disarm all His Majesties good Subjects to arm Traitors to take the Childrens bread and give it to Dogs to make the Asylum of Innocency to be the Seat of Rapine and the Palace of the King to be a Den of Thieves But Fortunate art thou yet for thou hast taken them that would have taken thee and those that by seizing thy dear Dukes Person would have beheaded thee thou bearest their heads as Trophies of thy Victory did I say Sir they would seize your Person I fear I am in some mistake did they behold your Brow either smooth or rough Love or Fear would have restrained them Tigers would have fled you upon the first account Lions have fled you upon the last May not I take up the expression of Tully against Cataline Nihil hic te ora nihil hic tc vultus moverunt Could they imagine that Spirit which courted Dangers and espoused Miseries in defence of his Great Masters Rights would tamely have surrendred up that Royal Fort and Ensigns of Royalty Could they dream that those Officers and Guards under whose vigilancy the Golden Fleece had been secure were all dreaming or if awake would have presented them with their matches put out to have pinion'd your arms which so carefully had supported theirs They knew you were Gold in the Mine Honourable by many Streams of ancient and untainted Bloud they knew also this Gold was heightned by the Stamp of Royal Authority I have read Witchcraft so improved as that they could transfer tortures from the Effigies to the Person represented Rebellion is as the sin of Witchcraft why then this were to stab the King in Effigie But had they enjoy'd a temporary Success could they think that no voice would sound out one Revengeful Obsequy That this day a great Prince was fallen in Ireland And shall Abner dye so But Sir on recollection maugre these considerations it is too true they would have seiz'd your Person and in that all ours O precipitate desire of Innovation that held the dark side of the Lanthorn unto our Reason and the light side to our Passion I conclude this with the well borrowed Caution of our House Fear God and the King and meddle not with those that are given to change Sad and fatal would this change have proved our wounds were scarce scarified the cheeks of the Widows and Fatherless scarce dry the bones and sculls silently declaiming against