the Kingdom depends on this Fail not in the speedy execution thereof as you will answer to the contrary on peril of your life Dated the last of August 1640. Mr. Glyn then said The 28 Article being still behind they are not yet resolved whether to proceed or not but they desire another day to be heard having something more to say And then the Court was adjourned and the next day appointed at 8 of the Clock Thus far in the Trial of this Noble Lord I have followed the traces of the Journals the Printed Trial by Mr. Rushworth and a Manuscript which I have by me which was found in the Chamber of a Worthy Gentleman a Fellow of Queens College in Cambridge being in the times of the Persecution hid there for upon taking up the boards to new lay the floor of the Room the Work-men found it the Author who ever he was saith he was an Eye and Ear-Witness to the whole Transaction and averrs his account in the Matters of Fact to be just and Faithfull And therefore Mr. Rushworth having not done intire right to the Memory of that Great Man wholly omitting the further proceedings till the summing up the Evidence by my Lord and the Replies upon it together with many Remarkable Circumstances conducing to the better understanding of the Management of that affair I thought my self obliged out of the Justice that is due to truth to supply those Omissions from the Relation of the said Manuscript and the concurrent Testimonies of the Journals and other Papers written and printed at that time upon this Occasion Upon Thursday the Committee of Managers having declared Thursday April 8. that for some private Reasons they would wave the Debate of the 28th Article Sir Walter Earle offered some observations upon the 22d Article and desired to be heard by their Lordships conceiving they would do much to strengthen the Evidence whereby they had endeavoured to prove that the Earl of Strafford had real designs of Landing the Irish Army in England in Order to prove what was charged upon him to the subduing of this Kingdom Though as my Author sayes had Sir Walter consulted his own Reputation which by so weak a Charge suffered more then the Earl's against whom it was intended he might with more advantage both to himself and the cause he managed have better spared his endeavours His Reasons were these First that it appears by the Earl's Commission and Instructions that he had power to Land his Army either in Wales or in any part of England or Scotland according to his Discretion and from thence he inferred that this Clause was wholly superfluous unless there had been some such Purpose or Design intended Secondly That two dayes before the Date of the said Commission Letters were dispatched to the Earl's of Bridgwater and Pembroke from Sir Francis Windebank Secretary of State to assist my Lord of Worcester in Levying Forces for the King's Service and these might well be supposed to have been intended to joyn with the Irish Army upon their Landing Thirdly That my Lord Ranulagh at the raising of the Irish Army had expressed some fears of such a design and Intention for the imploying of that Army Fourthly That the Town of Ayre in Scotland where the Lord Strafford pretended to Land the Irish Forces was fortified with Bullwarks a Garrison and a Block-House which would prohibit his landing there and that the Barr or entrance into the Haven was very dangerous and shallow That the Earl of Argyle 's bounds were a great way distant and divided from thence by the Sea The only proof of this was the reading of the Commission granted to the Earl of Strafford To this the Earl replied That his Commission was the same verbatim The Earl's Defence with my Lord of Northumberland 's for England that it was drawn up by the Council-Board here and sent over to him so that it could be no worse design in him then in the Earl of Northumberland Lord General of the English Army nor any larger Power given him by it then to my Lord General That as to the Letters to the Earl's of Pembroke and Bridgwater this was the first time that he ever heard of such Letters nor did they concern him more then any other Member of the House and for my Lord Ranulagh he was not bound to purge him of all his fears that he had his own fears too which God forbid should be evidence of Treason against any person whatsoever That it seemed the Gentleman had better information from the Kingdom of Scotland than himself yet he would be confident to say there was never such a thing as a Block-House nor then any Garrison at Aire but to remove all Scruples for indeed the Road or Landing place is not there safe he declared that it was his Intention to have Landed some Miles above Aire and to have made himself Master of the Town and then to have made it a Magazine and for the Earl of Argyle 's Bounds he hoped the Gentlemen knew that they were not to come on foot out of Ireland but had Ships to waft and transport themselves and that one of the Earl of Argyle 's prime Houses at Rosneth was within some few Miles of the same Frith The Lord Digby seeing Sir Walter Earle on ground did handsomly bring him off and told the Lords That all their proofs for that Article were not yet ready and that this was only a Superfaetation of the Charge and that in such a matter of Treason they must sometimes content themselves to make use of dark Probabilities Mr. Glyn then moved That the Earl might resume his Defences and summ up the Charge that so the Process might be closed as to matter of Fact To which the Earl replyed That in his Circumstances all slackness was speed enough that the matter touched him narrowly in no less then his Life and Estate and which he valued much above them his Honour and Posterity and he confessed he had no desire to ride Post in an Affair of that Nature and Consequence to him and that he did verily believe that the Gentlemen at the Bar if they were in his Case would think all the time they could obtain little enough except their greater Abilities and abler Judgments could sooner dispatch the matter then he found himself able to do and therefore he humbly applyed himself to their Lordships that the Remainder of that day might be granted him to recover his wasted strength and recollect his Thoughts and Spirits and that to morrow he would make his last Reply for himself This was opposed by the Committee as very prejudicial Expensive of time and that it was only to spin out unnecessary Delayes but after above an Hours debate the Lords thought it convenient to grant his Lordship that Liberty and it was Ordered he should appear the next Day Upon Friday morning about 8 of the Clock the Lieutenant of the Tower Friday April 9. and
Estate sufficient to maintain his Quality in the Rank of Reputation which he held in the World but he was also born with a Mind so Great and Generous and a Genius so Elevated above the Lower Orb wherein he moved as could not suffer him to continue long in that safe Obscurity of a private Gentleman King James dying left his Son a Discontented State and an Empty Treasury two Misfortunes then which no Prince can well be supposed to have greater Necessitous Princes having ever been forced to part with a great measure of their Prerogative to inable them to keep and support the remainder and King Charles the First coming to the Crown found it stuck with Thorns instead of many of those Jewels which had adorned the Temples of his Royal Predecessors To Extricate himself out of those Difficulties he Summons a Parliament and layes before them the Necessities of the Crown and demands their assistance by Supplies of Money for managing the Palatinate Warr in which they had involved his Father and which with the Crown was devolved upon him but the Commons instead of Money presented him with Two Petitions one about Religion the other about Grievances and in the Conclusion they fell severely upon the Duke of Buckingham who by reason of the Great Favour of his Prince was fallen under the Popular Envy and Hatred and the Debates running very high the King Dissolved the Parliament and a Second being in the same strain and no Money to be had had also the same period of which the Reader will receive a more full Account in the Introduction to these Historical Collections whither to avoid Repetition he is referred The Necessities of the King daily increasing recourse was had to Extraordinary Methods of raising Money and among the Rest that of Loan by virtue of a Warrant under the Privy Seal to Gentlemen of Estates was made Use of and one of these Seals being sent to Sir Thomas Wentworth for 40 l he declined the Payment of the Money as intrenching upon the Property of the Subject whereupon he was confined as were several other Gentlemen upon the same Occasion By which suffering he became Exceeding Popular and look't upon as a Confessor for the Liberty and Property of the People and in the Following Parliament whereof he was a Member and in which he began to display his great Parts and Abilities upon this Occasion he came to be much taken notice of and observed even at the Court as a Person of uncommon Abilities and the gaining of him to the Kings Interest was by those who managed the Publique Affairs thought might contribute much to the advancement of the Kings Interest and Service But how unsuccessful this Procedure of gaining Men of Ability by Preferments and rebating the Edge of Popular Spirits by Honors and Advancements to Places of Trust proved to the Interest of the King not only the Event but Reason upon which it is Naturally Founded does most plainly manifest for Ambition or the natural Desire of Honour becomes hereby a perfect Hydra and the Prince cannot sooner remove one Head but immediately another rises in the place and at the same time that a Popular Opponent is converted by Court Preferment he becomes the Envy of all those whose Party he seems to have abandoned and the greatest Abilities and real Services he shall render to his Benefactor will not only be ill represented but by how much the greater his Interest Power and Abilities are by so much will he be Esteemed more dangerous and in proportion both Envy'd and Hated However it seems these were not the Sentiments at that time of those who managed the Affairs of State for a Train was laid for an Interview between Sir Richard Weston then Lord Treasurer and afterwards Earl of Portland and Sir Thomas Wentworth which being Effected the Interview begot an acquaintance and the acquaintance in a little time grew to a most Firm and Solid Friendship Great Minds being with little Difficulty invited to and Established in those Generous Friendships which are begotten not out of Wantonness or trifling formality but by the inward harmony and likeness which Noble Souls quickly discover in Each other It happened that in some of the divertive Entertainments of their agreeable Conversation these Two Great Men falling upon the Discourse of the Popular Humor in the Commons House which the Lord Treasurer wisely judged could never either portend or promote any real advantage to the Nation Sir Thomas declared himself to be in his Judgment an absolute Enemy to the consequences and dreadful Effects which usually attend Popular Commotions and disturbances which generally produce the very same or worse miseries then those which they pretend to redress and pursuing his ingenious discourse he offered some Expedients so rational and persuasive towards a Mediation and Reconcilement of the present Differences and some things so apposite to the present juncture of Affairs as Extremely raised the value of his Prudence and Wisdom in the Esteem of the Lord Treasurer who daily discovered more and more the penetrating Abilities of his Mind mingled with a solid firmness of Reason and Judgment It will easily be believed that the Lord Treasurer having as he could not but conclude found a Jewel fit for a Princes Cabinet was not backward in representing Sir Thomas Wentworth to his Majesty with a Character no ways disadvantagious to him nor was there any great difficulty to introduce him into his Majesties Esteem and Favour who was already possessed with a belief and knowledg of his Merit and how serviceable a Person of his Interest and Qualifications might be to his Affairs He was no sooner come under the warm influence of Majesty but he was made sensible of the Beams of Honour which are derived from the Royal Fountain of it and in a little time he was created Baron Wentworth and the Ascendant of his wisdom daily gaining upon his Majesties Favour and Esteem he was shortly advanced to the Honour of Viscount Wentworth of Wentworth Woodhouse made one of his Majesties most Honorable Privy-Council Lord Lieutenant of the County of York and Lord President of the Court and Council of the North. And here give me leave to mention a little and in appearance a trifling accident of Honour which proved the great if not the only occasion of his Ruin among the rest of his Honours he had the Title of Baron of Raby an Honour to which Sir Henry Vane one of his Majesties Secretaries of State who was possessed of the Castle of Raby and the Demeasns thereunto belonging had some pretensions and was not a little ambitious of but being overshadowed by this lofty and spreading Cedar he was so stung with the disappointment and so thirsty of Revenge that though he warily smothered his Resentments yet he was ever an Enemy to this Noble Lord and as it appeared for his sake to his Royal Master and as it may from hence be not improbably conjectured judging himself far more
of his Throne against the Common-wealth by destroying the principles of Safety and Prosperity Other Treasons are against the Rule of the Law this is against the being of the Law It is the Law that unites the King and his People and the Author of this Treason hath endeavoured to dissolve that Vnion even to break the mutual irreversal indissoluble band of Protection and Allegiance whereby they are and I hope ever will be bound together If this Treason had taken effect our Souls had been inthralled to the Spiritual Tyranny of Sathan our Consciences to the Ecclesiastical Tyranny of the Pope our Lives our Persons and Estates to the Civil Tyranny of an Arbitrary unlimited confused Government Treason in the least degree is an odious and a horrid Crime other Treasons are particular if a Fort be betrayed or an Army or any other Treasonable fact committed the Kingdom may out-live any of these this Treason would have dissolved the frame and being of the Common-wealth it is an Vniversal a Catholick Treason the venom and malignity of all other Treasons are abstracted digested sublimated into this The Law of this Kingdom makes the King to be the Fountain of Justice of Peace of Protection therefore we say the Kings Courts the Kings Judges the Kings Laws The Royal Power and Majesty shines upon us in every publick blessing and benefit we enjoy but the Author of this Treason would make him the Fountain of Injustice of Confusion of publick misery and calamity The Gentiles by the light of Nature had some obscure apprehensions of the Deity of which they made this expression that he was Deus optimus maximus and infinite goodness and an insinite greatness All Soveraign Princes have some Characters of Divinity imprinted on them they are set up in their Dominions to be Optimi Maximi that they should exercise a goodness proportionable to their greatness That Law term Laesa Majestas whereby they express that which we call Treason was never more thorowly fulfilled then now there cannot be a greater laesion or diminution of Majestie then to bereave a King of the glory of his goodness It is goodness My Lords that can produce not onely to his People but likewise to himself Honour and Happiness There are Principalities Thrones and Dominions amongst the Devils greatness enough but being uncapable of Goodness they are made uncapable both of Honour and Happiness The Lawes of this Kingdom have invested the Royal Crown with Power sufficient for the manifestation of his Goodness and of his Greatness if more be required it is like to have no other Effects but Poverty Weakness and Misery whereof of late we have had very woful Experience It is far from the Commons to desire any abridgment of those great Prerogatives which belong to the King they know that their own Liberty and Peace are preserved and secured by his Prerogative and they will alwayes be ready to Support and Supply his Majesty with their Lives and Fortunes for the maintenance of his Just and Lawful Power This My Lords is in all our Thoughts in our Prayers and I hope will be so manifested in our Endeavours that if the Proceedings of this Parliament be not interrupted as others have been the King may within a few Moneths be put into a clear way of as much Greatness Plenty and Glory as any of his Royal Ancestors have enjoyed A King and his People make one Body the Inferiour Parts confer Nourishment and Strength the Superiour Sense and Motion If there be an interruption of this necessary intercourse of blood and spirits the whole Body must needs be subject to decay and distemper therefore Obstructions are first to be removed before Restoratives can be applyed This My Lord is the end of this Accusation whereby the Commons seek to remove this Person whom they conceive to have been a great cause of the Obstructions betwixt his Majesty and his People for the Effecting whereof they have Commanded me to desire your Lordships that their Proceedings against him may be put into as speedy a way of dispatch as the Courses of Parliament will allow First That he may be called to answer and they may have liberty to Reply That there may be a quick and secret examination of Witnesses and they may from time to time be acquainted with the Depositions that so when the Cause shall be ripe for Judgment they may collect the several Examinations and represent to your Lordships in one entire Body the state of the Proofs as now by me they have presented to your the state of the Charge Of which Mr. Pym having given an account to the House had the Thanks of the House returned for his well delivery of the Charge against the Earl of Strafford After this Impeachment was Read Earl of Strafford sent to the Tower the Earl was sent for to the House of Lords and acquainted with the Order of their Lordships for his Commitment to the Tower upon which occasion he made a most Moving and Eloquent Speech but I have not been able to retrieve it the Journal where it is Entred being according to an Act of Parliament after the Restauration of King Charles the Second wholly obliterated The Earl being thus Committed Friday Nov. 27. he Petitioned the Lords to have Counsel assigned him which was allowed and Mr. Richard Lane the Prince's Attorney Mr. Recorder of London Mr. Jo. Lightfoot Mr. Hugh Windham Serjeant Rolles Mr. Platt and Mr. Geo. Love were appointed to be his Counsel Upon the 30 of November a Conference was between a Committee of the Two Houses concerning the Examination of Witnesses and other things preparatory to the Trial of the Earl Monday Novemb. 30. where the Lords agreed That such Members of the House of Commons as they shall appoint shall be present at the Examination of Witnesses and the Lords who were appointed to take the Examination of the Witnesses were Earl of Bath Earl of Bedford Earl of Hartford Earl of Essex Lord Wharton Lord Kimbolton Lord Brook Lord Roberts Lord Savile Thursday Dec. 3. Committee to Examine Evidence an Oath of Secrecy administred Lord Viscount Say and Seal who were impowered to give an Oath to the Attendants Witnesses and the Commons who were to be present of Secresie till the publication of the Evidence The Commoners chosen by their House to be present at this Examination were Mr. Selden Mr. Dutton Mr. Crew Sir Peter Hayman Mr. Grimston Commons to be present at the Examination their Protestation Sir Henry Anderson Sir Nevil Pool Sir Tho. Barrington who were all required to declare That by their Duty they owe to this House they are obliged to keep all those Examinations secret who accordingly did every one make an open protestation that they would The Earl also Petitioned to be heard at the time of the preparatory Examinations but was denied Among the Rest of the Witnesses Examined against the Earl Sir David Fowles was one who at the same
he goes into Ireland you will find his Temper and Spirit not a whit Allayed but now being further from His Majestie 's Person he is higher in his Power and in his Will It is true that Kingdom was annexed to this many years ago but they that now possess the greatest part of it are Subjects of this Kingdom descended from them that went from hence thither Yet he tells them in a solemn Speech not suddenly but solemnly That Ireland is a Conquered Nation and the King might do with them what he would and that their Charters were nothing worth and bind the King no longer than he pleases Surely My Lords We might see what he would do if he had Power But God be blessed we find not the disposition any where resented by His Majesty and we hope that such Councels shall never have Access to so good and gracious an Ear. 4. The next thing he stays not in words but will be as good as his word if he can and he begins high For that we presents next is a Peer of the Kingdom thrust out of his Possession by my Lord of Strafford 's Order and when he Sues at Law for recovery of his Right my Lord Threatens him Truly Threatnings are not good in such a case where a man Sues for Justice And from him that ought to Administer Justice and further him in it yet he Threatens him Imprisonment to which Peers are not ordinarily liable First my Lord tells him He will not have Law nor Lawyers question his Orders he might debar the Lawyers in some Cases but why a man should have a Spleen at the Law that his Orders should not be examined by that I know not And he goes higher for when there was an occasion to speak of an Act of State he tells him That he will make him and all Ireland know that as long as he had the Government there any Act of State made or to be made should be as binding as an Act of Parliament My Lords He cannot go higher in Speeches than this That an Act of State of his own making and his own Power should be as binding as an Act of Parliament Nay he tells them in Parliament That they were a Conquered Nation and must expect Laws as from a Conquerour 5. Next we shall shew divers Instances wherein he exercises Power over the Lives Lands and all that is the Subjects deduced into several Articles viz. the 5th the 6th the 7th and the 8th In particular one I shall be bold to open That is the Case of my Lord Mountnorris another Peer of that Kingdom and a great Officer there Some words fell from that Lord speaking of one that had trodden on my Lord of Strafford 's Toe That he hoped the Party did it not in Revenge for he had a Brother that would not have sought such a Revenge For these words spoke at a private Table half a year yea seven months before my Lord of Strafford calls a Council of War and judges his Lordship to death My Lords It is no wonder that he would make the King 's little Finger so heavy that could make his own Toe heavy enough to tread the Life of a Peer under his Feet And he did not only give Sentence in that Case but caused Execution to be done in another Case upon one D. who was condemned by Martial Law and hanged at Dublin where there was no War at all Other particulars will follow when I fall upon proof 9. Then he comes to make Laws and that is in the 9th Article By the Laws of England and Ireland too the Ecclesiastical Power is distinct from the other it not extending to the Imprisonment of the Person but is to attend the King's Courts and to receive directions from thence yet he makes a Warrant to the Bishop of Downe and he made it to others too That if any of the poorer sort did not appear upon the Bishop's Citation or not obey when they did appear they should be Attached and Imprisoned Here he makes a Law of himself and subjects the Liberties of the Subjects to his own Pleasure but this was for the poorer sort of People though Justice sees no difference in matters of Estate betwixt Poor or Rich But when he hath brought it on the Poor he will afterwards bring it on the Rich. 10. The next is a Power of laying Impositions on the Subjects First he is a Farmer of the Customs he puts excessive Rates upon the Commodities that which is worth but 5 s. as the Hydes he will have valued at 20 s. and the Wool which is worth 5 s. he will have it valued at 13 s. 4 d. and by this he takes away in effect whatsoever the Commodity is worth for the Customs come very near the Value Another particular in this I shall be bold to open and I hope his Lordship will provide to give an Answer He hath advanced by this the King's Customs and a Rent of 1350 l. is encreased to the Crown But it will appear to your Lordships that the Crown hath lost and he only hath gained And whereas my Lord of Strafford says there was no other Defalcations in his Patent than in the former that will fall out to be otherwise for this is the State of the bargain There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this Farm On the Earl of Strafford 's Patent that Rent is reserved and as much as came to 1350 l. more but in lieu of 1350 l. advanced to the King my Lord of Strafford hath in his Grant the Surplusage of Wines which were not in the Duke's Patent worth 3400 l. a year besides a Rent paid for the Term of the Wine of 1400 l. And whereas there was no defalcation of the Customs of London-Derry and Colerane in the Duke's Lease which amounted to 1500 l. a year my Lord of Strafford must have a defalcation for them And then the Seizures which were 500 l. a year and for Knockvergus and Straniford 2500 l. a year so here is above 5000 l. a year less to the Crown in lieu of the advance of 1350 l. a year besides the increased Customs amounting to 12000 l. a year And yet he again hath far exceeded this proportion We say further he doth not only impose on the Subjects but takes away that which is the Subjects utterly and entirely as in the case of the Flax. It is true the Employment of it belongs to Women but it is the greatest Commodity one of them of that Kingdom and of greatest profit the Revenue of the Custom of it being 800 l. a year and this he hath gotten into his own hands and possession This he got from the Natives and took it to himself He doth for that purpose issue out a Proclamation That they shall use it in such a way wherein the Natives were unskill'd and if it were not so done it should be seized and it was seized
beseech you call to mind how he hath attempted to deprive the Subject of all means to discover this danger by insinuating to your Lordships what a dangerous thing it were if Counsellors should be called in question for giving of Counsel for who then saith he would be a Counsellor where is your safeguard where is the King's service Is not this as much as in him lies to deprive the People of the means whereby they must make themselves happy and whereby the King must be happy that is by his having good Counsellors about him and yet he infuses that venom that the questioning of Counsellors is dangerous both to King and Peers if it should be brought into Example My Lords for many years by-past your Lordships know an evil spirit hath moved amongst us which in truth hath been made the Author and ground of all our distractions and that is necessity and danger this was the bulwark and the battery that serves to defend all exorbitant actions the ground and foundation of that great invasion of our Liberties and Estates the judgment in the Ship-money and the ground of the Counsel given of late to do any thing and to perswade the King That he was absolved from all Rules of Government and yet your Lordships have observed in the course of his Defence how often he hath raised this spirit that God be thanked hath been laid to the great Comfort of King and Kingdom by your Lordships and all the Commons in Parliament And when he stands under this question and goes about to justify his exorbitant actions how often hath he created this Idol again and therefore I am afraid he discovers too much his own heart in it My Lords I may not omit some other passages in his Defence How he hath cast Scandals upon three Nations in this place that is in his first day of Defence when the Irish Remonstrance made by all the Commons of Ireland was produced by the Commons of England he expressed in a passion that things were carried against him by Faction and Correspondence and if he had time he would make it appear with a strong Conspiracy Here is a scandal cast upon the Parliament of Ireland with a reflection on the Commons of England howsoever it is true your Lordships may remember the recantation he made that day which I will not omit desiring not to lay any thing to his charge but what is true but it is the reflection of a scandal that I cannot omit to put your Lordships in mind of and the rather because this Remonstrance presented from the Parliament of Ireland did bear date before my Lord of Strafford was charged here which is very remarkable viz. the 7th of November and therefore though he pretends a correspondence certainly there could be none then for he is not charged here till the Tenth And the same day justifying a Sentence in the Castle-Chamber your Lordships remember he affirmed that unless a strict hand were kept upon the Nation there they would find it hard to prevent Perjury one of the most crying Sins in Ireland Now to lay an aspersion upon the Subjects of Ireland being under the Government of the same King with us how fit this is to be done by a man in that condition that my Lord of Strafford is I refer to your consideration Another passage I remember whereby in his Defence he fell upon that Nation in answer of which I may not omit to do the service I owe to the Commons for whom I am trusted and that is that talking of an Arbitrary and Tyrannical Government in reference to some Orders of the Commons-House in Ireland he used words to this purpose You talk of an Arbitrary Government look upon these Orders here is an Arbitrary Government and yet when he produced the Orders they appeared to have so much justice and discretion in them that he can lay nothing to the charge of them though in a passion he is not backward to asperse them My Lords If this Lyon to use his own language now that he is chained and muzled under the restraint and question of High Treason will here take the boldness to vent this Language and express this Malignity How would he do if he were unchained How would he devour How would he destroy c. My Lords Something concerns your Lordships your Lordships remember that he was not backward in his own answer to fix a Charge of High Treason upon the Lords of the Great Council and howsoever he hath affirmed this day I must open it again That the Charge of the Seven and twentieth Article he fixes in his Answer to be by consent of the Lords of the Great Council though he hath since recanted it and yet you have heard him alledge That he will stand and fall by the truth of his answer My Lords I am now at an end You have my Lord of Strafford here questioned for High Treason for going about to Subvert the Fundamental Laws of both Kingdoms in defence whereof your Noble Ancestors spent their Lives and Bloods My Lords You are the Sons of those Fathers and the same Blood runs in your veins that did in theirs and I am confident you will not think him fit to live that goes about to destroy that which protects your Lives and preserves your Estates and Liberties My Lords You have the Complaints of Three Kingdoms presented before you against this Great Person whereby your Lordships perceive that a great storm of Distemper and Distraction hath been raised that threatens the Ruin and Destruction of them all The Commons with much Pain and Diligence and to their great Expence have discovered the Jonas that is the Occasion of this Tempest they have still and will discharge their Consciences as much as in them lies to cast him out of the Ship and allay the Tempest They Expect and are Confident your Lordships will perfect the Work and that with Expedition lest with the Continuance of the Storm both Ship and Tackling and Mariners both Church and Commonwealth be Ruined and Destroyed It was certainly as appeared by the sequel a great mistake in making this Comparison and when by Tumults they threw this Noble Jonas overboard they threw one of the ablest Pilots the Storm being so far from ceasing that from that Unhappy Moment it was changed to a Tempest which did actually Ruin and Destroy both the Ship Tackling and Mariners the Church and Commonwealth When Mr. Glyn had concluded his Replication Mr. Pym stood up and with all the power of studied and malitious Rhetorique endeavoured to aggravate the Earl of Strafford's guilt in a set Oration which he would have made the Audience believe was the Extempore product of his Parts and Abilities as an immediate Reply to the Earl's Defence but it was his Misfortune which gave occasion to some of the Noble Audience to smile to fall into a great Disorder and Confusion insomuch that by pulling out his Paper to recollect
Episcopacy which was the general Common Place of declaiming against the Hierarchy and I do it the rather because this Calumny hath like a Leprosie infected not only the Vulgar Minds of all the Schismaticks in the English Dominions but also many Persons of better quality and more abilities and opportunities to free themselves from being imposed upon by such foolish Impostures He tells you The Root of it was Pride the Bishop exalting himself above the Presbyter the Metropolitan above the Bishop and so on And that the very spirit of this Order is a spirit of Pride Exalting it self in the Temple of God over all that is called God which is the very Character the Apostle gives of The Anti-Christ Now that this Prelacy or Order of Episcopacy was not that Antichrist is most manifest from both the Scriptures and the Ecclesiastical History for either the beloved Apostle Saint John who lived and dyed Bishop of Ephesus and himself faw and doubtless Ordained many of those Bishops of Asia must either be himself a member of Anti-Christ or the Order is not Now let the Anti-Episcopal Men take hold of which Horn of the Dilemma they please I am sure the Foundation of their Argument and all the Babel of Confusion which is built upon it must fall It was an unlucky appeal which in the End of his Speech he seems to make to Providence and the Signal Hand of Heaven in Restoring that Government and this Church together with the Fatal Catastrophe of this unfortunate Gentleman and others his Colleagues who were so violently bent upon Ruin of Root and Branch are certainly if Arguments must be drawn from Providence such irrefragable ones in favour of Episcopacy as no Age Ever saw since Israel passed through the Red Sea to the Land of Promise For the Reader 's better Satisfaction in this important Matter the want of a true and good Understanding whereof gave no small Assistance to those dismal Calamities which afterwards befell the Miserable Nations I will present him with a short Abstract of the Judgment of Archbishop Vsher whose Testimony I rather make Use of in this particular because Even the Presbyterian Faction at that time seemed to set a great Value upon him as a Moderate Learned and Pious Man The Reverend and Learned Prelate James Lord Archbishop of Armagh An Abstract of Arch-Bishop Ushers Opinion of Episcopacy being of Apostolical Institution 1641. Primate of Ireland did in the Year 1641. when this Debate was most Violent the Presbyterian Faction indeavouring to Extirpate Episcopacy Root and Branch and to Introduce the Scottish or rather the Old Heretick Aërius his Parity and Identity of Priest and Bishop write a small Pamphlet upon this subject shewing from the Records of Antiquity That the Apostles Ordained Bishops to succeed them in all Churches Which may for Ever Silence these Gainsayers who have nothing in their Mouths but the Antichristian and Lordly Prelacy a Reproach which if traced to the Original of this Institution will at last fall upon the Apostles themselves if not upon Him whom St. Peter stiles The Shepherd and Bishop of our Souls The Book was Printed by G. M. for Thomas Downes and to be sold by William Lee at the Turk's Head in Fleetstreet 1641. To prove that those whom our Translation calls Elders the Greek Presbyters were subordinate to the Bishop he proves That the same Persons whom St. John in the Revelation calls the Angels of the Churches were those whom the Primitive Fathers and the Church then called Bishops and particularly that Timothy was Bishop of Ephesus and that one of those Angels to whom St. John writes was Successor to him which he proves First by the Succession of Bishops Secondly by the Testimony of Ignatius and others For the first it was publickly declared by Leontius Bishop of Magnesia in the General Councel of Chalcedon Act. 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That from Timothy and therefore by undeniable consequence from the very dayes in which the Apostles lived there had been a Continued Succession of Twenty seven Bishops all of them Ordained in Ephesus That Beza himself in his Commentaries confesseth as much that Timothy had been sometimes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Antistes or President of the Ephesian Presbytery which is the Appellation which Justin Martyr gives unto him whom the other Fathers term a Bishop and that Timothy was Ordained Bishop of the Church of the Ephesians is confirmed by the Testimony of Eusebius Hist lib. 3. c. 4. as also by Two Ancient Treatises concerning the Martyrdom of Timothy one Anonymous in the Library of Photius the other bearing the name of Polycrates who was himself Bishop of Ephesus and born within 37 Years after St. John wrote the Revelations That Onesimus was Bishop of Ephesus and consequently the Angel of that Church to whom St. John writ the Epistle in the Revelation he proves from Ignatius Now Ignatius whom Theodoret in Dialogo 1. Foelix 3. in Epistola ad Zenonem Imperatorem recitata in 5 Synodo Costantinopol Act 1. Tomo 2. Concil pag. 220. Edit Binii Anno 1606. As also Johan Antiochenus Chronic. lib. 10. M. S. report to have been Ordained Bishop of Antioch by St. Peter without all controversie did sit in that See the very same time when St. John writ that Epistle to the Angel of the Church of Ephesus for St. John writ his Revelation towards the End of the Empire of Domitian as Ireneus testifies or in the 14th Year of his Reign as Eusebius and Hierom say from thence there are but 12 Years to the 10th of Trajan wherein Ignatius in that last Journey which he made for the consummation of his Glorious Martyrdom at Rome wrote another Epistle unto the Church at Ephesus making mention therein of Onesimus as their Bishop and puts them in mind of their duty to him and concurring with him as their worthy Presbytery did He further tells us that Polycarpus was then Bishop of Smyrna when St. John wrote to the Angel of the Church there of whom Irenaeus who did no tonly know those worthy men who succeeded Polycarp in that See but also was present when he himself did discourse of his Conversation with St. John and of those things which he heard from those who had seen our Blessed Lord Jesus saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polycarpus saith he was not only a Disciple of the Apostles and conversed with many of those who had seen Christ but was also by the Apostles themselves constituted in Asia Bishop of the Church in Smyrna whom we our selves also did see in our Younger Years for he continued long and being very aged he most Gloriously and Nobly suffering Martyrdom departed this life Iren. lib. 3. cap. 3. He gives us an Account of what Irenaeus and Tertullian write concerning the Bishops succeeding the Apostles writing against the Hereticks of those Early Ages Habemus annumerare eos qui ab Apostolis Instituti sunt Episcopi in Ecclesiis
ever hitherto done to advance their own wicked Intendments and rather then fail of them to raise a more desperate Rebellion in England instead of applying themselves vigorously as they were in Duty Honor and Conscience bound to assist his Majesty to suppress the other in Ireland and let their Pretences be never so glorious for the Preservation of the Reformed Religion and Interest yet it is evident that even from the very first Eruption of this Rebellion they had a Design to make their own Terms with the King and to oblige him under the Pretence of abandoning Evil Counsellors to devolve the intire Trust of the whole Nation and consequently his Crown and Dignity into their Hands and to leave him only the vain shaddow of Sovereignty and Majesty and unless he would Consent to this they must as they say be obliged to take other Measures for the fecuring themselves from such mischievous Councils and Designs as have lately been in Practice and Agitation against them and a little time discovered what ways those were for in Reality this was no new Design the crucifying Remonstrance of the State of the Kingdom had been long hewing and these were but some Chips of that Block only they were wanting a fit Occasion and this offering it self they were resolved to lay fast hold upon it But in regard though they had sorely shaken and disabled the third Estate of the Lords Spiritual in Parliament by the repeated Batteries of Impeachments and Bills to take away their Voices yet there was a great Number of the Lords Temporal whose unstained Loyalty and Fidelity to the Crown and Royal Interest might prove dangerously Obstructive to their wicked Intentions they were resolved to attempt to deceive as many of them as they could by their popular Rhetorick upon this Topique of the danger of evil Counsels and Counsellors and if any proved refractory or had Constitutions too strongly amuletted with Loyalty against this insinuating Poison they had other more severe Methods of purging the Body Politick and Representative to be made use of upon Occasion as we shall see hereafter Upon this Subject of evil Councils and Counsellors Mr. Pym the great Oracle of the Faction took Occasion at this last Conference to display his Talent in these Terms HE said he was to speak touching the ill Councils Mr. Pym's Speech at the Conference concerning ill Councils November 10. which he laid down in these several Steps 1 First That the Dangers which come to the State by ill Councils are the most pernitious of all others and since it is usual to compare Politick Bodies with the Natural the Natural Body is in danger divers Wayes either by outward Violence and that may be foreseen and prevented or else by less appearing Maladies which grow upon the Body by Distempers of the Air immoderate Exercise Diet c. and when the Causes of the Disease are clear the Remedy is easily applied but Diseases which proceed from the inward Parts as the Liver the Heart or the Brains the more noble Parts it is a hard thing to apply Cure to such Diseases Ill Councels they are of that Nature for the Mischiefs that come by evil Councel corrupt the Vital Parts and overthrow the Publick Government 2 * If this had been applied to himself and his Faction he never spoke more truth in his whole life The second Step is That there have been lately and still are ill Councils in this Kingdom and about the King 1 That there hath been lately you will not doubt when the main Course of the Government hath been so imployed as Popery thereby hath been maintained the Laws subverted and no distinguishing between Justice and Injustice and that there is still reason to doubt is apparent by the Courses taken to advance mischievous Designs but that his Majesties Wisdom and Goodness kept them from the Heart though they were not kept out of the Court so most Principal and mischievous Designs have been practised by such as had near Access unto his Majesty though not to his Heart and the Apologists and Promoters of ill Counsels are still preferred 3 The third Step is That the ill Counsels of this Time are in their own Nature more mischievous and more dangerous then the ill Counsels of former Times former Counsels have been to please Kings in their Vices * A remarkable Testimony from an Enemy of the King's Innocence from which our King is free and sometimes for racking of the Prerogative if it had gone no further it had brought many Miseries but not Ruine and Destruction but the ill Counsels of this Time are destructive to Religion and Laws by altering them both therefore more Mischievous in their own Nature then those of former Times 4 The fourth Step is That these ill Counsels have proceeded from a Spirit and Inclination to Popery and have had a Dependance on Popery and all of them tend to it the Religion of the Papists is a Religion incompatible with any other Religion destructive to all others and doth not indure any thing that opposeth it whosoever doth withstand their Religion if they have Power they bring them to Ruin There are other Religions that are not right but not so destructive as Popery is for the Principles of Popery are destructive to all States and Persons that oppose it with the Progress of this mischievous Councel they provide Counsellors fit Instruments and Organs that may execute their own Designs and to turn all Councils to their own Ends and you find that now in Ireland that those Designs that have been upon all the Three Kingdoms do end in a War for the maintenance of Popery in Ireland and would do the like here if they were able they are so intentive to turn all to their own Advantage 5 The fifth Step That unless these ill Councils be changed as long as they continue it is impossible that any Assistance Aid or Advice that the Parliament can take to reform will be effectual for the Publick Orders and Laws are but dead if not put in Execution those that are the Instruments of State they put things into Action but if acted by Evil Men and while these Counsels are on foot we can expect no good it is like a Disease that turns Nutritives into Poyson 6 The sixth Step is That this is the most proper time to desire of his Majesty the Alteration and Change of the evil Counsellors because the Common-Wealth is brought into Distemper by them and so exhausted that we can indure no longer Another Reason why we cannot admit of them is to shew our Love and Fidelity to the King in great and extraordinary Contributions and Aids when God doth imploy his Servants he doth give some Promise to rouse up their Spirits and we have reason now to expect the King's Grace in great abundance this is the time wherein the Subject is to save the Kingdom of Ireland with the hazard of their Lives and Fortunes And
with the Earl of Strafford trusting too much on the same so High is Pride that at length he presumed to oppose and set himself against the proceedings of the whole House against the said Earl Obstinately refusing to be admonished concerning the same and yet keeping his Friends many of the Lords was by his Majesty as a Baron called to their House and aspiring yet higher obtained his Princes favour not being yet acquainted with his secret Intentions by which means too confident of his safety and security in his Designs adventured openly to comply with the publick Enemies both of King and Country As especially now with this other Person of whom I am to speak this Collonel being by his Majesty advanced to that dignity and trust could not so content himself but imitating the water Toad seeing the Shadow of a Horse seem bigger then it self Swell to compare with the same and so Burst even so this Gentleman having obtained first this Place of Command and afterwards Lieutenant of the Tower and being found of such a Malignant Spirit that he was unfit and uncapable for that great Place of Trust and therefore removed taking the sameâ—â— great dishonour to his worth now endeavours by Traiterous and Desperate Actions to defend himself and be revenged of his pretended Adversaries and to that purpose they have between them joyntly raised Arms against the State met together in peaceable Consultations for the good of Church and Common-wealth Mr. Speaker These attempts made by these Persons are of dangerous consequence and this their Insurrection by taking up of Arms without Warrant both from his Royal Majesty and this High Court of Parliament only to do Mischief in raising Sedition and Contention thereby to preserve themselves from being called to an account for their desperate Actions and Disloyal taking up Arms will prove harder to Appease and Suppress then any Troubles we have yet suffered Mr. Speaker I conceive quick dispatch in our Intentions for the Apprehending and Suppressing these Persons is the only means to prevent future danger And to that purpose I desire to present to your considerations these particulars 1. That Warrants may Issue forth for the speedy and private apprehending of them in what places soever they shall be found and immediately to bring them before the House 2. If this cannot be effected to Issue forth Proclamations for their calling in within a certain time perfixed under penalty of being Prosecuted and Proceeded against as Traytors to their King and Country 3. That Warrants be forthwith sent for the Guarding and Securing of all the Ports of this Kingdom and for the Intercepting of all Paquets or Letters intended to be conveyed into Forraign Kingdoms or any brought from thence hither 4. That Order be sent down into the several Counties of this Kingdom where it is suspected either of these Persons have any Friends or Favorites well-wishers to their Cause with command to the Sheriffs and several Officers of such Counties to stand upon their Guard and to raise Force for their own Defence and Safety and to endeavour by all means Possible to apprehend and suppress them and such of their Conspiracy as shall be taken presently to be sent up to this House to be Examined and Prosecuted according as they shall be found 5. That Order may be made by the Parliament that no Officer that shall be found to have a hand in this Plot may be imployed in any Service of publick Command either for Ireland or any other of his Majesties Dominions or any private Affairs of this Kingdom 6. That we may without further delay proceed to Sentence against all Delinquents by this Honourable House accused for any Crime whatsoever in whose Defence or for whose cause these Persons now accused pretend to take up Arms. 7. That his Majesty may be moved Graciously to be pleased to declare himself against these Persons and all others that do any ways pretend to his Authority or Warrant for what they do 8. And Lastly His Majesty may be moved to avert his intended Journey for Portsmouth for the safety and security of his Royal Person til such time as their dangers be removed and the Peace and Vnity of all his Majesties Loyal Subjects be procured and settled And thus Mr. Speaker having presented such things to this House which I humbly conceive to be necessary to suppress and prevent this new danger threatned by those two Disaffected and Male-contented Persons the Lord Digby and Collonel Lunsford I leave the same to the further consideration of this Honourable House desiring from my heart that it would please God to end all the Troubles and Distempers of this Common-wealth and that this High Court of Parliament may prove the firm Settlement of all things amiss both in Church and State After this Mr. Pierpoint Reports from the Committee appointed yesterday for putting the Kingdom into a Posture of Defence That the Opinion of the Committee was Mr. Pierpoint's Report concerning Posture of Defence and the Commons Vote upon it and so it was by the House Resolved upon the Question That the Knights and Burgesses of the several Counties shall by two of the Clock this afternoon deliver in the Names of such Noble Persons as they think fit to be appointed Lord Lieutenants in the several Counties and that those Gentlemen of this House that have Estates in the Bishoprick of Durham shall nominate such a one as they shall think fit to be Lord Lieutenant in that County Sir Richard Cave then acquainted the House That according to the Command of the House he had returned thanks to the States Embassador for his affections Expressed to the service of this State Who answered That he thinks himself much honoured by the acknowledgements of his service from this House and knows that the desires of this House will be upon all occasions very acceptable to his Masters the States It was also Ordered That Alderman Pennington and Mr. John Goodwin do speak with the Executors of Sir James Cambell and to desire them from this House that in the disposing of the Estate which Sir James Cambell hath given for Charitable Vses they will specially take into consideration the War in Ireland which will be an acceptable service to the Common-wealth Serjeant Wild then Reported the Conference had on Thursday night last with the Lords concerning Mr. The Examination of Mr. Attorney General Reported by Serjeant Wild. Attorney's Exhibiting Articles in the Lords House against Members of this House The Conference consisted of two Parts First the Narrative Part That these Articles Exhibited by Mr. Attorney and entred in the Lords House was a Breach of Priviledge of Parliament and that in due time this House would desire that Justice may be done upon Mr. Attorney The Second Part was to Examine Mr. Attorney upon certain Questions and to receive his Answer First He being asked Whether he Contrived Framed or advised the said Articles or any of them if not then
Yea 170. Mr. Arthur Goodwinn Tellers for the Yea 170. Whereupon It was Resolved c. That a Committee shall be named by this House to fit at Guild-Hall and all that shall come to have Voices at this Committee That this Committee shall have Power to direct and appoint such Monies to be paid as shall be necessary for the Troops at Chester That the Committee for Munster shall have power to sit when they will and to put in Execution all such Propositions as are already agreed upon by both Houses of Parliament Then this following Paper drawn by the forementioned Committee was read and afterwards Voted A Paper concerning his Majesties coming to the House of Commons in vindication of Privileges their adjournment to Guill-Hall London Whereas his Majesty in his Royal Person Yesterday being the 4th of Jan. 1641. did come to the House of Commons with a great multitude of Men Armed in a War-like Manner with Halberds Swords and Pistols who came up to the very Door of this House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then thereof sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of that House to be delivered unto him It is this Day declared by the House of Commons That the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof And therefore the House doth conceive they cannot with Safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit here any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble Suitors to his Majesty and cannot as yet obtain Notwithstanding which this House being very sensible of the great Trust reposed in them Especially at this time of the manifold * Which they had occasioned Distractions of this Kingdom and the lamentable and distressed Condition of the Kingdom of Ireland doth Order That the House shall be adjourned until Tuesday next at One of the Clock in the Afternoon and that a Committee to be named by this House and all that will come to have Voices shall sit at Guild-Hall in the City of London to morrow Morning at 9 of the Clock and shall have Power to consider and resolve of all things that may concern the Good and Safety of the City and Kingdom and particularly how our Priviledges may be vindicated and our Persons secured and to consider of the Affairs and Relief of Ireland and shall have Power to advise and consult with any Person or Persons touching the Premisses and shall have Power to send for Parties Papers and Records And it is further Ordered That the Committee for Irish Affairs shall meet at the Guild-Hall aforesaid at what time they shall think fit and consult and do touching the Affairs of Ireland according to the Power formerly given them by this House And that both of the said Committees shall report the Results of their Considerations and Resolutions to the House Then it was resolved upon the Question That it shall be thus Ordered The Committee appointed to sit at Guild-Hall Mr. Chancellor of the Exchequer Mr. Glyn Mr. Whitlock L. Falkland Sir Philip Stapleton Mr. Fiennes Sir Ralph Hopton Sir John Hotham Sir Walter Earl Sir Robert Cooke Sir Thomas Waslingham Sir Samuel Rolls Mr. Pierrpoint Mr. Walther Long Sir Richard Cave Sir Edward Hungerford Mr. Grimston Sir Christopher Wray Sir Benjamin Rudiard Sir John Hippesley Mr. Herbert Price Sir John Wray Sir Thomas Barrington Mr. Wheeler Sir William Litton And this Committee are appointed by the former Order and are to pursue the Directions of the former Order and all that will come are to have Voices at this Committee These Resolutions following Orders concerning Ireland to exhaust the King's Stores being the Sum of what was agreed upon by the Committee of both Houses for Irish Affairs were this Day presented to the House and read and by Vote upon the Question ordered accordingly That the Arms and Ammunition of all Sorts with the Ordnance at Carlisle be sent into Ireland to Carrickfergus for Supply of those Parts of the North of Ireland and the Arms to be Ordered as my Lord Lieutenant shall direct That for a further Supply of those Parts and for the Arming of those two Regiments under the Lord Conway and Sir John Clotworthy that there be sent from the Tower 1000 Muskets with Bullet and Match proportionable 1500 Swords 10 Last of Powder these Arms and Ammunition to be sent thither and ordered and disposed of as the Lord Lieutenant thinks fit That 10 Last of Powder with Bullets and Match proportionable be sent from the Tower to Munster to be delivered to the Lord President of Munster or whom the Lord Lieutenant thinks fit That 2000 l. be Ordered to be delivered to Sir William Brereton upon Account for Payment of the 300 Horse now at Chester and for their transportation out of the Subsidies or Poll-Money That 3000 l. be assigned to be received in Cheshire or Wales out of the Subsidy or Poll-Money by the Victualler for the present Relief of Dublin and Drogheda That 2000 l. be delivered to the Victualler of Carrickfergus who is ready to set on the Work here having a Ship at his Charges in the River The Commons had as a Committee sate at Guild-Hall in the Morning where it seems there were great Debates concerning the Breach of Priviledges upon which Subject I find in the Prints of those times some Speeches enumerating some of the Priviledges of Parliament at least then reputed so which whether they remain so still I leave to the decision of those who are concerned The Speeches were as follows Mr. Speaker THere are no Courts of Judicature in this Kingdom of England Mr. Grimston's Speech at the Committee sitting at Guild-Hall Jan. 5. concerning Breach of Priviledges c. but they have several Rights and Priviledges appertaining and belonging unto them and have such Power and Authority in the several Jurisdictions of the same Offices that they may call to an account prosecute and bring to Judgment the Infringers and Breakers of the same Of all these Courts there is none yea put them all together they are not of such Power and Jurisdiction but inferior and subject to the Ordinances and Statutes of the High Court of Parliament Mr. Speaker of such awful predominancy is the very Name of a Parliament to this Nation that it strikes with Terror and Despair all such Evil Doers as are Male-factors in the State On the contrary side it cherishes and comforts the drooping spirits of men
groaning under the Burden of Tyrannical Oppression inflicted on them unjustly and maliciously by Unmerciful and Wicked Men that have Usurped unto themselves Places and Offices of Power and Authority both in Church and State Mr. Speaker This Great and high court is not only the Powerfullest of all other Courts whatsoever but the Prudentest and Wisest made and compacted not only of Men sound in Religion well Learned but Ripe in their Judgments contracted from all Parts of this Kingdom Elected Chosen with the free consent of the whole body Politique of the Kingdom this great and high Council is not only of such Power and Wisdom but indued and attended with the most and greatest Priviledges thereof that not only the meanest of his Majesties Subjects but the greatest Personages of the Kingdom are in danger if infringers of the same to be called in Question and by them punished therefore give me leave Mr. Speaker to speak somewhat of the Priviledges in this particular incident and appertaining to this Wise Senate and in speaking thereof I shall observe these three particulars 1. The Rights and Priviledges belonging to the same in the free Votes and Judicature thereof 2. The Rights and Priviledges belonging to the Power and Jurisdiction thereof 3. The Rights and Priviledges in the Continuances thereof being freely called and assembled by his Majesties Authority not to be dissolved or broken off till all things agitated therein for the good both of Church and Common-Wealth be fully concluded and determined First Mr. Speaker concerning the Priviledges of a Parliament belonging to the free Votes and Judicature thereof I shall observe these three particulars First To speak freely without Interruption or Contradiction in any Debate Dispute or Argument upon any business agitated in the same being a Member thereof I conceive to be one Priviledge of a Parliament Secondly Not to be questioned or any such free Dispute Argument or Debate to be taxed or accused for the same either during the free sitting thereof or after is another Priviledge of Parliament Thirdly Freely to give Vote Judgment or Sentence upon the Reading of any Bill to be made a Law or any Bill either of attainder or other Charge against Delinquents and Criminous Persons against the State at their Tryal upon the same is a third Priviledge of Parliament Fourthly To defend and Maintain the Free Vote Judgments and Sentences of the whole House by Protestation Remonstrance or other Declaration if not consented unto or opposed by the House of Lords is a Fourth Priviledge Fifthly For any Member of the House not to be accused of any Crime or Impeached for Treason by any Person whatsoever during the continuance of the Parliament for things done in the same without Legal Accusation and Prosecution of any such Member by the whole House is another Priviledge of Parliament Sixthly Not to be apprehended upon such Impeachment or arrested by any Officer or to have studies broken open their Books and Writings seized upon without consent or Warrant of the whole Parliament is another Priviledge of the same and thus much Mr. Speaker shall suffice to be spoken concerning the Priviledges and Rights of Parliament pertinent to the Subjects of which I am to speak I come now to the Second thing I proposed to your Audience which was the Rights and Priviledges belonging to the Power and Jurisdiction of the Parliament in which I shall observe these particulars First to consult and consider of what Laws are fit to be made and Enacted in this Kingdom for the good Government thereof is one Priviledge belonging to the Power and Jurisdiction of this High Court. Secondly to Justifie or abrogate repeal make Void to ratifie and Confirm Establish and Maintain Laws Statutes and Ordinances made and Enacted by precedent Parliaments by Councils of State or other Courts of Judicature is a second Priviledge pertaining to the Power and Jurisdiction of the Parliament Thirdly To give Subsidies to raise Taxes to impose Loans and other charges upon the Subject is another Priviledge belonging to the Power Jurisdiction of the Parliament Fourthly to Accuse or Impeach any Incendiaries or Delinquents in this Kingdom of any Crime notorious tending to the prejudice of his Majestie or any of his Loyal Subjects whether it be for Treason or other wayes be they Members of the Parliament or no is another Priviledge belonging to the Power and Jurisdiction of the Parliament Fifthly and lastly To prosecute and bring to Judgment such Persons so Accused or Impeached for any Crime whatsoever is another Priviledge belonging to the Power and Jurisdiction of this Court. And thus much of the Rights and Priviledges belonging to the Power and Jurisdiction of a Parliament And now Mr. Speaker I come to the last thing I Mentioned to you concerning the Priviledges belonging to the Continuance and Free sitting till all things be concluded of for the Good Government of Church and State in which I shall also observe these particulars First that for a Parliament when Freely called and Assembled by Royal Authority not to be to debate or argue any one particular business appointed by any person whatsoever is one Priviledge belonging to the Continuance of a Parliament Secondly Not to break off or dissolve a free Parliament until all the Grievances and oppression of all his Majesties Loyal Subjects be fully redressed and Remedied is a Second Priviledge belonging to the continuance of Parliament Thirdly Not to break off or dissolve a Parliament till all Incendiaries and Delinquents in the State be brought to condigne punishment for their Crimes Fourthly and lastly To Accuse or Impeach any Member of the Parliament thereby to hinder and interrupt the Legal Proceedings thereof in the Weighty Affairs of the Common-Wealth is another Priviledge belonging to the Continuance of a Parliament And thus having briefly declared to you the Power and Jurisdiction of a Parliament above all other Courts of Judicature in this Land the Wisdom and Policy of a Parliament above all other Councils the Rights and Priviledges of a Parliament in respect of the free Votes and Judicature thereof the Power and Jurisdiction thereof and the free continuance thereof I humbly leave to the Consideration of this House whether the accusation of these Gentlemen accused by his Majesty and the illegall breaking open upon this their Accusation of thir Chambers Truncks and studies be not a breach of some of the Priviledges of Parliament which I have Mentioned unto you I have nothing to say against the Real Priviledges of the High Court of Parliament but certainly that of a Parliaments sitting till all pretended Grievances are Redressed which is tantamount to sitting perpetually since there will be alwayes such Pretences is so far from being a Real Privilege of Parliament that among all the Rolls and Records of our Parliaments there cannot be found one single Instance of any Parliament that pretended or laid Claim to such a Privilege And there cannot be a more demonstrative Agreement against this