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
which time the sayd Iustice Seate was called by adjournment the sayd Iohn Lord Finch then Lord Chiefe Iustice of his Majesties Court of Common Pleas and was one of the Iudges assistants for them he continued by further unlawfull and unjust practices to maintaine and confirme the said verdict and did then and there being assistant to the Iustice in Eyre advise the refusal of the traverse offered by the County and all their evidences but onely what they should verbally deliver which was refused accordingly IV. That hee about the Moneth of November 1635. hee being then Lord Chiefe Iustice of the Common Pleas and having taken an oath for the due administration of Iustice to his Majesties Liege people according to the Lawes and statutes of the Realme contrived in opinion in haec verba when the good and safety c. and did subscribe his name to that opinion and by perswasions threats and false suggestions did solicite and procure Sir Iohn Bramstone Knight then and now Lord Chiefe Iustice of England Sir Humfrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer Sir Richard Hutton Knight late one of the Iustices of his Majesties Court of Common Pleas Sir Iohn Denham Knight late one of the Barons of his Majesties Court of Exchequer Sir William lones Knight late one of the Iustices of the said Court of Kings Bench Sir George Crock then and now one of the Iudges of the said Court of Kings Bench Sir Thomas Trevor Knight then and now one of the Barons of the Exchequer Sir George Vernon Knight late one of the Iustices of the said Court of Common Pleas Sir Robert Barkley Knight then and now one of the Iustices of the said Court of Kings Bench Sir Francis Crawly Knight then and now one of the Justices of the said Court of Common Pleas Sir Richard Weston Knight then and now one of the Barons of the said Court of Exchequer some or one of them to subscribe with their names the said opinion presently and enjoyned them severally some or one of them secresâ— upon their allegeance V. That he the fifth day of Iune then being Lord Chiefe Iustice of the said Court of Common Pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba c. And that he contrived the said questions and procured the said Letter from his Majesty and whereas the said Iustice Hutton and Iustice Crook declared to him their opinions to the contrary yet hee required and pressed them to subscribe upon his promise that hee would let his Majesty know the truth of their opinions notwithstanding such subscriptions which neverthelesse he did not make knowne to his Majestie but delivered the same to his Majesty as the opinion of all the Iudges VI. That hee being Lord Chiefe Iustice of the said Court of Common Pleas delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money that hee the said Master Hampdâ—n upon the matter and substance of the case was chargeable with the money then in question a Coppy of which proceedings the Commons will deliver to your Lordships and did solicite and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden and after the said Baron Denham had delivered his opinion for Master Hampden the said Lord Finch repaired purposely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet and after the said Master Baron Denham had declared and expressed his opinion urged him to retract the said opinion which hee refusing was threatned by the said Lord Finch because hee refused VII That hee then being Lord chiefe Justice of the Court of Common Pleas declared and published in the Exchequer Chamber and westerne circuit where he went Judge that the Kings right to Ship-money as aforesaid was so inherent a right to the Crowne as an Act of Parliament could not take it away and with divers malicious speeches inveighed against and threatned all such as refused to pay Ship-money all which opinions contained in the foure five sixth Articles are against the Law of the Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which said resolutions and petition of right were well knowne to him and resolved and enacted in Parliament when he was Speaker of the Commons house of Parliament VIII That hee being Lord chiefe Justice of the Court of Common Pleas did take the generall practice of that Court to his private Chamber and that hee sent warrants into all or many shires of England to severall men as to Francis Giles of the County of Devon Rebert Renson of the County of Yorke Attorneys of that Court and to divers others to release all persons arrested on any utlawry about 40. shillings fees whereas none by Law so arrested can be bailed or released without Supersedeas under seale or reversall IX That hee being Lord Chiefe Iustice of the Court of Common pleas upon a pretended suit begun in Michaelmas Terme in the 11. yeare of his Majesties Reigne although there was no plaint or Declaration against him did notoriously and contrary to all Law and Iustice by threats menaces and imprisonment compell Thomas Laurence an Executor to pay 19 pound 12 shillings and likewise caused Richard Bernard being onely over-seer of the last Will of that Testator to bee arrested for the payment of the said Money contrary to the advice of the rest of the Iudges of that Court and against thâ— knâ—wne and ordinary course of Iustice and his said Oath and knowledge and denyed his Majesties Subjects the common and ordinary Iustice of this Realme as to Mr. Liâ—â—rick and others and for his private benefit endammaged and ruined the estates of very many of his Majesties Subjects contrary to his oath and knowledge X. That hee being Lord Keeper of the great Seale of England and sworne one of his Majesties Privie Counsell did by false and malicious slanders labour to incense his Majestie against Parliaments and did frame and advise the publishing the Declaration after the dissolution of the last Parliament All which Treasons and misdemeanors above mentioned were done and committed by the said Iohn Lord Finch Baron of Fordwich Lord Keeper of the great Seale of England and thereby he the aforesaid Finch hath trayterously and contrary to his allegiance laboured to lay Imputations and Scandalls upon his Majesties government and to alienate the hearts of his Majesties liege people from his Majestie and to set a division betweene them and to ruine and destroy his Majesties Realme of England for which they doe impeach him the said Lord Finch Baron of Fordwich Lord Keeper of the Great Seale of England of high Treason against our Soveraigne Lord the King his Crowne and Dignity of the misdemeanours above mentioned And the said Commons by Protestation saving to themselves the libertie of exhibiting at any time
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
should advance to Yorke hee might make good that Citie This being the case as it was presented my Lords advised his Majesty that they conceived the fittest way was that the Scots and their grievances might bee heard And whereas their maine Complaint had beene that their Petitions to his Majesty had beene conveyed by Conduits of an evill rellish that there might be chosen such Lords Commissioners of whose integrity they could not doubt Whereupon his Majesty was pleased to referre the choyce of the Commissioners to the great Councell who made the election with the assent of his Majesty The Commissioners names N. B. to whom power was given under the great seale of England to heare whatsoever the Scots would lay before them and to enter into Treatie with them and to give safe conducts and to do all things preparatory to a Treaty The first place of meeting was appointed at North-Allerton but some inconveniences being found it was by consent transferred to Rippon For the inducement of this meeting N. B. a Letter of the Lord Lanricks to the Scots Commissioners was read and given unto us The Treaty thus settled the Lords to be imployed receiving instructions from his Majesty by the consent of the great Councell it was agreed they should treat upon the whole businesse propounded by the Scots and left to their discretion to treate of a Cessation of Arms as the ordinary fore-runner of all Treaties of Peace When their Lordships came to Rippon the Cessation of Armes was the first proposed but being entered upon it the Scots Commissioners did let their Lordships know that there was something necessary first to be done that the Countreys where they lay were become poore that they could not thinke as their affaires stood of returning home that his Majesty had restrayned them from passing further so that a Treaty in this Exigent was worse then a Warre unlesse meanes might be thought upon how they might subsist and hereupon they did propound that if it were expected that they made no further progresse therein obeying his Majesties command which nothing but invincible necessity should force them to transgresse by plundring the Countreys they must have maintenance for their Army This motion seemed very strange to their Lordships that it should be demanded to provide a maintenance for the Scots when the Kings owne Army was in great distresse yet the necessity seemed to be such on both sides that the Lords appointed some of their Company to repaire to the King at Yorke to acquaint his Majesty with the Scots demand Upon debate of the businesse though it were of hard digestion to his Majesty the Lords and the whole Kingdome that they whose Ancestors had been called to advise upon the Ransome of Kings should now come to consult how to maintaine an Army got into our owne bowels Therefore their Lordships would not proceed without the knowledge of his Majesty and the great Councell where it was found necessary not for maintaining the Scots Armies for they might easily supply their owne wants by plundring in which course they might get a million whereas five thousand pounds would serve but for two months but to preserve the Countreys from utter ruine and the Scots from further advancing to give to their Lordships Commission to treate for a competency of maintenance during the Treaty The first demand was forty thousand pounds a moneth which by Treaty was reduced thus That instead of giving them any allowance they should bee left to their proportion of that contribution already agreed upon by the Counties as lesse dishonourable then to assigne them maintenance This point being thus settled N. D. E. their Lordships proceeded to the Treaty of Sessions and both were agreed and concluded his Lordship proposing the Articles themselves to bee read for more satisfaction His Lordship proceeded that these preparatives being settled at Rippon twenty miles from Yorke and the time far spent and the Parliament approaching their Lordships resolved to bee humble suitors to his Majesty that the generall Treaty might be transferred to London by consent of both parties thereunto agreeing Here his Lordship proposed the reading of a Letter whereby this translation of the Treaty was moved which was done and delivered unto us To this Letter his Majesty made a gracious answer and consented to transferre the Treaty to London where some of the Scots Commissioners are already arrived and the rest within a day or two expected Their Lordships having proceeded in the Treaty as far as they could goe repaired to Yorke and both Articles concluded were read in his Majesties presence and that they declared that they had in all things punctually observed their Instructions whereupon his Majesty required them to give their counsell whether he should ratifie and signe these Articles or not To which the Lords made answer that they had served his Majesty in quality of Commissioners Ambassadours and had duly observed their Instructions but now He being pleased to aske their advice they would bee glad to serve him according to their consciences and therefore besought his Majesty for leave to retire themselves and consult of the businesse to which his Majesty was graciously pleased to consent Upon resolution considering the great strait into which his Majesties affaires were reduced they concluded to advise his Majesty to signe and craved leave to present unto his Majesty a declaration of their reasons which were accepted and read in the great Councell And their Lordships held it necessary to bee read againe in that great Assembly N. G. as the rest of their Councell These reasons being read his Majesty was pleased to ratifie the Articles in expresse words also read unto us His Lordship concluded this Narrative as the full account of the Treaty N. D. and proceeding in it to his Majesties ratification and craved leave in the next place to present the hard and wofull condition in which his Majesties affaires then stood in the North First that by consent a contribution of 850. l. a day was agreed That there was already some doubt that the Countries were not able to beare it On the other side it was objected by the Scots that it was impossible if the payment should faile to keepe their promise or to obey his Majesty but that they should be necessitated against their will to plunder the Country These doubts considered it was declared by my Lord Lievtenant that the Counties of Cumberland and Westmerland being at pleasure under the Scots power it was reasonable that in subsidium they should contribute some helpe to their Neighbours But hee declared since their Lordships coming away the Commissioners left at Duresme had written that it was impossible for them to proceed in the agreement which if it were broken on their part the Scots would alledge an impossibility to consent to starve so that if some meanes were not found by which those Counties engaged might bee relieved hee was affraid all their labour and Treaty
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
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
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
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
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
enacted as fulgura ex vitrio or as bugbears to inforce the obedience of Children no my Lords the just execution of it upon their Predecessors though in breaches not so capitall might have warned them to have strangled their ill born resolutions in the Cradle before they now proclaim their infancie and petition for their punishment Witnesse Sir Thomas Weyland his banishment confiscation of his goods and lands only for his mercenarie Justice contrary to his oath who was Chief Justice of the Common Pleas in the time of Edward the first Witnesse Sir William Thorpe Cheif Iustice of the Kings Bench in the time of Edward the third who was adjudged to be hanged because he had broken the Kings oath made unto the people wherewith he was intrusted in the Roll. Now my Lords though Magna Charta be sacred for antiquity though its confirmation be strengthned by oath though it be the proper Dictionarie that expounds meum tuum and assignes a Subiect his birth right yet it only survives in the Rolls but now miserable rent and torn in the practice These words Salvo cantenemento live in the Rolls but they are dead in the Castle Chamber These words Nullus liber bujus ejicitur è libero sue tenemento in praejudicium parium live in the Rolls but they are dead where property and free-hold are determined by paper Petitions These words Nulli vendemus nulli differemus Justitiam live in the Rolls but they are dead when the Suites Iudgements and excecution of the Subiect are wittingly and illegally suspended retarded and avoyded Shall we desire to search the mortall wounds inflicted upon the Statute Lawes who sees them not lying upon their death bed stab'd with Proclamations their primitive and genuine tenures escheated by Acts of State and strangled by Monoplies Will you surveigh the liberties of the Subiects every prison spues out illegad attachments and commitments every Pillory is dyed with the forced bloud of the Subiects and hath ears though not to hear yet to witnesse this complaint Do you doubt of the defacement of the amiable Offices of his Maiesties most transplendent and renowned Iustice and grace let then that Microcosme of Letters Patents confirmed under his Maiesties and his Predecessors broad Seale of the Kingdome being the publique faith thereof and yet unchristened by frivolous and private opinions rise up in iudgement let the abortive Iudgement of the tenure in Capite where no tenure was exprest nay let the Hereticall and Traiterous opinions where the Tenure was exprest yet to draw in all by Markets and Faires granted in the same Patents rise up in Iudgements What glasse hath this unhappy divided Kingdome from his Maiesties presence and andience to contemplate the fair and ravishing form of his royall intentions in but in the cleer and diaphanous administration of his Iustice and what do these traytrous and illegall practise ayme at but in affront to his Maiesty which we most tenderly resent and discontent to his Subiects to multiply as by a Magick glasse the royall dispensation of his favours into the ugly and deformed visage of their suppression of the liberties devastations of the estates and the deprivation of the lives of his loyall Subiects so that it may be sayd Regali Capiti cervicem consul equinanâ— Jungere sic vellet variasque inducere plumas My Lords these ought to be considered with as serious an eare as they were practised by mischievous experiments Inquire of the Netherlands why their fields are growne fertile by the inundation of bloud why the pensive Matrons solemnize too too frequent funeralls of their Husbands and issue and they will answer you it was for the preservation of their hereditary Lawes which Tyranny would have innovated This Kingdome personated in the sable habit of a widdow with dishelved hayrs seems to Petition your Lordships that since she is a Mother to most of us yet cerâ—ainly a Nurse unto us all that you would make some other for redresse of her Tyrannicall oppression These persons impeached resemble the opacious body of the earth interposed to eclipse that light and vigour which the solar aspect of Maiesty would communicate unto his Subiects They imitate the fish Sepia that vomits a darke liquor out of her mouth to cloud the waters for her securer escape They are those to whom the keyes have been committed yet they have barred the door to them that knoc't They are those unnaturall Parents that give their children stones in stead of bread and scorpions for fish Was it for this purpose that the royall authority scituated them in these eminent places that like Beacons upon high Hills they should discover and proclaim each innovation and stratagem against the publique weale whilest they in the mean time imploy therein fire to publique Incendiary or like Ignes fatui seduce the easie and beleeving Traveller into pits and unexpected Myres Were they sworne to seale their damnation and not their confirmation of our libertie estates and lives Shall a man be censured for perjury in that breach of his private Faith and those be justifiable in Treason aggravated by perjury against the dignity of the Crownes and publique faith of the Kingdomes No my Lords the grave judicious and mature examination and deserved punishment of these traiterous proceedings will speak these times as glorious to posterity in their information as they are now lamented in their persecution The bloud-thirsting sword of an hostile enemy by a timely union and a defensive preparation may be prevented The thin rib'd Carcasse of an universall famine may have his consumption restored by a supply from our neighbouring Nations The quick spreading venome of infectious pestilence may be prevented by Antidotes and qualified by phisicall remedies But this Catholick grievance like a snake in the most verdant walks for such are the unblemished lawes truly practised stings us to death when we are most secure and like the Kings evill can only be cured by his Majesties free and gracious permission of our modest and gentle proceedings for his vindication and our preservation therein concluded Spencer and Gamston who have left their names monumentally odious for the evill counsell they fed the Kings ear with yet did possibly advantage their own friends while these dart their envie and Treason for a common Center equally touching the bounds of every superficies for as concerning the valide estates they have illegally overthrown when the Lawes by your Lordships industry receive their native vigour they will re-assume their confirmation but the estates happily in themselves legall that they have in an extrajudiciall forme established will haste as speedily to their dissolution so that Judas-like they betray their best friends with a kisse My Lords I cannot finde any surviving Cronologie of times this season to be parallel'd with all circumstances which makes me view the Records amongst the infernall spirits to finde if match't there I might extenuate their facts where 1. they appear like the false spirit sent
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
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
subscribing our National oath which was not only impiety and injustice in it self and an utter undoing of his Majesties Subiects but was a weakning of the Scots Plantation to the prejudice of that Kingdome and his Majesties service and was a high scandall against the Kings honour and intolerable abuse to his Majesties trust and authority his Majesties Commission which was procured by the Lievetenant bearing no other penalty then a certification of noting the names of the refusers of the oath But by this his restlesse rage and insatiable cruelty against our Religion and Countrey cannot be kept within the bounds of Ireland By this means a Parliament is called And although by the six subsidies granted in Parliament not long before and by the base means which himself and his Officers did use as is contained in a late Remonstrance that Land was extreamly impoverished yet by his speeches full of oathes and asseverations That we were Traytors and Rebels casting off all Monarchicall Government c. he extorted from them foure new Subsidies and indicta causa before we were heard procured that a Warre was udertaken and forces should be levied against us as a rebellious Nation which was also intended to be an example and president to the Parliament of England for granting subsidies and sending a joynt Armie for our utter ruine According to his appointment in Parliament the Armie was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion liberties and Lawes and thereby laying upon us a necessity of vast charges to keep forces on foot on the West coast to wait upon his comming And as the War was denounced and forces leavied before we were heard So before the denouncing of the War our Ships and goods on the Irish Coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts which did take some and burn others of our Barques Having thus incited the Kingdome of Ireland and put his forces in order there against us with all haste he commeth to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I returne to that honourable Sword I shall leave of the Scots neither root nor branch How soon he commeth to Court as before he had done very evill offices against our Commissioners cleering our proceedings before the poynt So now houseth all means to stir up the King and Parliament against us and to move them to a present war according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designes succeeded not that way in his nimblenesse he taketh another course that the Parliament of England may be broken up and despising their wisedome and authority not onely with great gladnesse accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as generall Captain with power to invade kill slay and save at his discretion and to make any one or moe Deputies in his stead to do and execute all the power and authorities committed to him According to the largenesse of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their declarations sent before them were comming in a peaceable way far from any intention to invade any of his Majesties Subiects and still to supplicate his Majesty for a setled peace he gave order to his Officers to fight with them on the way that the two Nations once entred in bloud whatsoever should be the successe he might escape triall and censure and his bloudy designs might be put in execution against his Maiesties Subiects of both Kingdomes When the Kings Maiesty was again enclined to hearken to our petitions and to compose our differences in a peaceable way and the Peers of England conveened at Yorke had as before in their great wisedome and faithfulnesse given unto his Maiesties Counsels of peace yet this firebrand still smoaketh and in that honorable Assembly taketh upon him to breath out threatnings against us as Traytors and enemies to Monarchiall government that we be sent home again in our bloud and he will whip us out of England And as these were his speeches in the time of the Treaty appointed by his Maiesty at Rippon that if it had been possible it might have been broken up So when a Cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for war His under officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governour of Barwicke and Carlile can shew from whom they had their warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to passe that the Ports of Ireland are yet closed our Country-men for the oath still kept in prison traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great incendiary upon these and the like offences not against particular persons but against Kingdomes and Nations may be put to a tryall and from their knowne and renowned justice may have his deserved punishment 16. December 1640. THE SCOTTISH Commissioners Demand concerning the Sixt ARTICLE COncerning our Sixt demand although it hath often come to passe that these two have been joyned by the bonds of Religion and nature have suffered themselves to be divided about the things of this World and although our Adversaries who no lesse labour the division of the two Kingdomes then we do all seek peace and follow after it as our Common happinesse do presume that this will be the partition wall to divide us and to make us lose all our labours taken about the former demand wherein by the help of God by his Maiesties Princely goodnesse end Iustice and your Lordships noble and equall dealing we have so fully accorded and to keep us from providing for a firm and well grounded Peace by the wisedome and justice of the Parliament of England which is our greatest desire expressed in our last Demand We are still confident that as we shall concerning this Article represent nothing but what is true just and honorable to both Kingdomes So will your Lordships hearken to us and will not suffer your selves by any slanders or suggestions to be drawn out of that straight and safe way wherein ye have walked since the beginning It is now we suppose known to all England especially to both the honorable Houses of Parliament and by the occasion of this Treaty more particularly to your Lordships That our distresses in our Religion