is just as reasonable in this as to root up a good tree because there is a Canker in the branches For the bold part of this Petition Sir what can there be of greater presumption than for petitioners not onely to prescribe to a Parliament what and how it shall doe but for a multitude to teach a Parliament what and what is not the government according to Gods word Besides what is the Petition against is it not against the government of the Church of England established by Acts of Parliament Is it not against the Liturgy against severall formes of Divine service ratified by the same Authority 'T is true Mr. Speaker the Parliament may mend may alter may repeale Lawes may make new and I hope in due season wee shall doe so in poynt of Church-government but in the meane time let me tell you Sir I cannot but esteeme it an irreverence an high presumption in any to petition point blank against a Law or Government in force Representment of Inconvenience may bee made as the Ministers have done such as may endure the wisedome of a Parliament to advise Lawes to rectifie to repeale them but it imports the very essence of Parliaments to keepe up the honour of its former Acts and not to suffer them to bee further blasted from abroad Beleeve me Mr. Speaker all the reverence and authority which we expect from future times to our owne Acts hereafter depends upon our upholding the dignity of what former Parliaments have done even in those things which in their due time we may desire and intend to reverse Mr. Speaker you see in what plaine language I have set forth unto you the faults of this Petition notwithstanding as great as they are so they may not obtaine any seeming countenance from us I find my selfe willing to have them past by especially when I consider how naturally prone all mankinde is when it findes it selfe opprest beyond patience to flye unto extreames for ease And indeed I doe not think that any people hath beene evermore provoked then the generality of England of late yeares by the insolencies and exorbitances of the Prelates I protest sincerely Mr. Speaker I cannot cast mine eye upon this Petiâ—ion nor my thoughts on the practises of the Church-men that have governed it of late but they appear'd to me as a scourge imployed by God upon us for the sinnes of the Nation I cannot thinke of that passage in the Booke of Kings He that escapes the Sword of Hazael shal Jehu slay and he that escapes Iehu shall Elisha slay Mee thinkes the vengeance of the Prelates hath bin so laid as if 't were meant no generation no degree no complexion of mankinde should escape it Was there a man of a nice and tender Conscience him have they afflicted with scandall in Adiaphoris imposing on him those things as necessary which hee thinks unlawfull and they themselves knew to bee but indifferent Was there a man of a legall conscience that made the establishments by Law the measure of his religion him have they netled with Innovations with fresh Introductions to Popery Was there a man of a meek and humble spirit him have they trampled to dirt in their pride Was there a man of a proud and arrogant nature him have they bereft with indignation at their superlative insolence about him Was there a man peaceably affected studious of the quiet and tranquillity of his Countrey their incepdiâ—â—riship hath plagued him Was there a man faithfully addicted to the right of the Crowne loyally affected to the Kings Supremacy how hath he beene galled by their new Oath a direct Covenant against it Was there a man tenacious of the liberty and propriety of the Subject have they not set forth Books or Sermons or Canons destructive to them all Was there a man of a pretty sturdy conscience that would not blanch for a little their pernicious Oath hath made him sensible and wounded or I feare prepared him for the Devill Was there a man that durst mutter against their Insolencies hee may inquire for his Lugges they have beene within the Bishops visitation as if they would not onely derive their Brandishment of the spirituall sword from St. Peter but of the materiall one too and the right to cut off Eares Mr. Speaker as dully as faintly as unlively as in Language these actions of the Prelates have been expressed unto you I am confident there is no man heares me but is brim-full of indignation For my part I professe I am so enflamed with the sence of them that I finde my selfe ready to cry out with the loudest of the 15000 downe with them downe with them even to the ground But M. Speaker when I cast mine eye round upon this great and wise Assembly and find my selfe a part too though the most unworthy and inconsiderable of that Senate from whose dispassionate and equall Constitutions present and future times must expect their happines or infelicity It obliges mee to the utmost of my power to divest my selfe and others of all those disturbances of Judgement which arise ever from great Provocations and to settle my thoughts in that temper which I thinke necessary to all those that would judge clearely of such things as have incenst them I beseech you Gentlemen let us not bee led on by passion to popular and vulgar Errors it is naturall as I told you before to the multitude to flie into extreames that seemes ever the best to them that is most opposite to the presentest object of their hate Wise Councells Mr. Speaker must square their Resolutions by another measure by that 's most just most honourable most convenient Beleeve mee Sir great alterations of Government are rarely accompanyed with any of these Mr. Speaker we all agree upon this that a Reformation of Church Government is most necessary and our happy unity of opinions herein should be one argument unto us to stay there but Sir to strike at the Roote to attempt a totall Alteration before ever I can give my vote unto that three things must be made manifest unto me First that the mischiefes which we have felt under Episcopall Government flow from the nature of the function not from the abuses of it onely that is that no Rules no Boundaries can be set to Bishops able to restraine them from such Exorbitances Secondly such a frame of Government must be laid before us as no time no Corruption can make lyable to proportionable inconveniences with that which we abolish And thirdly it must be made to appeare that this Vtopia is practicable For the first Sir that Episcopacy a function deduced through all ages of Christs Church from the Apostles times and continued by the most venerable and sacred Order Ecclesiastical and function dignified by the learning and Piety of so many Fathers of the Church glorified by so many Martyrdomes in the Primitive times and some since our owne blessed Reformation a government admired I speak it knowingly by
publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
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
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
but shew you a way of remedie by shewing you my cleer intentions and some marke that may hinder this good worke I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church and Common-wealth and consequently that all Courts of Justice may be reformed according to Law For my intentions is cleerly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth Moreover whatsoever part of my Revenue shall be found illegall or heavy to my Subjects I shall be willing to lay down trusting in their affections Having thus cleerly and shortly set down my intentions I will shew you some rubs and must needs take notice of some very strange I know not what terme to give them Petitions given in the name of divers Counties against the established government of the Church and of the great threatnings against the Bishops that they will make them to be but a Cipher or at least taken away If some of them have incroached too much upon the Temporaltie if it be so I shall not be unwilling these things should be redressed and reformed as all other abuses according to the wisdome of former times so farre I shall go with you no farther If upon serious debate you shall shew that Bishops have some Temporall Authority not so necessary for the government of the Church and upholding Episcopall Jurisdiction I shall not be unwilling to desire them to lay it down but this must not be understood that I shall any way consent that their voice in Parliament should be taken away for in all the times of my Predecessors since the Conquest and before they have enjoyed it I am bound to maintain them in i as one of the fundamentall Institutions of this Kingdome There is one other Rock you are on not in substance but in service and the forme is so essentiall that unlesse it be reformed will split you on that Rock There is a Bill lately put in concerning Parliaments The thing I like well to have frequent Parliaments but for Sheriffes and Constables to use my Authoritie I can no wayes consent unto But to shew that I desire to give you content in substance as well as in shew that you shall have a Bill for doing thereof so that it do not trench neither against my Honor neither against the ancient Prerogatives of the Crowns concerning Parliaments Ingeniously confesse often Parliaments is the fittest means to keep correspondencie betweene Me and my People that I doe so much desire To conclude now all that I have shewen you the state of my Affairs My own cleere intentions and the Rocks I would have you shun To give you all contentment you shall likewise finde by these Ministers I have or shall have about me for the effecting of these my good intentions which shall redouble the peace of the Kingdome and content you all Concerning the conference you shall have a direct answer on Monday which shall give you satisfaction The Kings speech to both Houses of Parliament in the Lords House at the passing of the Bill for a Trieniall Parliament the 16th of November 1640. MY Lords and you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with Me at the Banquetting House at Whitehall I did declare unto you two Rocks I wished you to eschew this is the one of them and of that consequence that I thinke never Bill passed here in this House of more favour to the Subjects then this is and if the other Rocke be as happily passed over as this shall be at this time I do not know what you can aske for ought I can see at this time that I can make any question to yeeld unto Therefore I mention this to shew unto you the sence that I have of this Bill and obligation as I may say that you have to me for it for hitherto to speake freely I have had no great incouragement to doe it if I should looke to the outward face of your actions or proceedings and not looke to the inward intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concernes your selves to amend and yet those things that meerly concernes the strength of this Kingdom neither for the State nor my own particular This I mention not to reproach you but to shew you the state of things as they are you have taken the Government almost in peeces and I may say it is almost off the hinges A skilfull Watchmaker to make cleane his Watch he will take it a sunder and when it is put together it will go the better so that he leave not forth then one pin in it Now as I have done all this on my part you know what to do on your parts and I hope you shall see cleerly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to me and this is the great expression of trust that before you do any thing for me that I do put such a confidence in you HIS MAJESTIES Letter to the Lords on the behalf of the Earle of Strafford sent by the PRINCE My Lords I Did yesterday satisfie the Justice of the Kingdome by passing of the Bill of Attainder against the Earle of Strafford but mercie being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfill the naturall course of his life in a close imprisonment yet so that if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of Publique businesse especially with me either by Message or Letter it shall cost him his life without further Processe This if it may be done without the discontentment of my People will be an unspeakable contentment to me To which end as in the first place I by this Letter do earnestly desire your approbation and to endeare it the more have chosen him to carry it that of all your House is most dear to me So I desire that by a conference you will endeavour to give the House of Commons contentment Likewise assuring you that the excuse of mercy is no more pleasing to me then to see both Houses of Parliament consent for my sake that I should moderate the severity of the Law in so important a case I will not say that your complying with me in this my intended mercie shall make me more willing but certainly t' will make me more cheerfull in granting your just grievances But if no lesse than his life can satisfie my People I must say fiat justitia Thus again recommending the consideration of my intentions to you I rest Whitehall the 11th of May 1641. Your unalterable and affetionate Friend CHARLES R. If he must dye it were charity to
security of the Subject enacted immediately before their comming to employment in the contriving whereof themselves were principall Actors The goodnesse and vertue of the King they served and yet the high and publique oppressions that in his time they have wrought And surely there is no man but will conclude with me that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times so the frequency of them is the sole Catholicke Antidote that can preserve and secure the future from the like danger Mr. Speaker let me yet draw my Discourse a little nearer to his Majesty himselfe and tell you that the frequency of Parliament is most essentially necessary to the power the security the glory of the King There are two wayes Mr. Speaker of powerfull Rule eyther by Feare or Love but one of happy and safe Rule that is by Love that Firmissinum Imperium quo obedientes gaâ—dent To which Camillus advised the Romans Let a Prince consider what it is that mooves a people principally to affection and dearnesse towards their Soveraigne He shall see that there needs no other Artifice in it then to let them injoy unmolested what belongs unto them of right If that have beene invaded and violated in any kind whereby affections are alienated the next consideration for a wise Prince that would be happy is how to regaine them To which three things are equally necessary 1. Re-instating them in their former Libertie 2. Revenging them of the Authors of those violations 3. And securing them from Apprehensions of the like againe The first God be thanked wee are in a good way of The second in warme pursuit of But the third as essentiall as all the rest till we be certain of a Trienniall Parliament at the least I professe I can have but cold hopes of I beseech you then Gentlemen since that security for the future is so necessary to that blessed union of affections and this Bill so necessary to that security Let us not be so wanting to our selves let us not be so wanting to our Soveraigne as to forbeare to offer unto him this powerfull this everlasting Philter to Charme unto him the hearts of his people whose vertue can never evaporate There is no man M. Speaker so secure of anothers friendship but will thinke frequent intercourse and accesse very requisite to the support to the confirmation of it Especially if ill offices have beene done betweene them if the raysing of jealousies hath beene attempted There is no Friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities Mr. Speaker permit mee the comparison of great things with little what friendship what union can there be so comfortable so happy as betweene a gracious Soveraigne and his people and what greater misfortune can there bee to both then for them to bee kept from entercourse from the meanes of clearing mis understandings from interchange of mutuall benefits The people of England Sir cannot open their Eares their Hearts their Mouthes nor their Purses to his Majesty but in Parliament We can neyther heare Him nor Complaine nor acknowledge nor give but there This Bill Sir is the sole Key that can open the way to a frequency of those reciprocall indearments which must make and perpetuate the happinesse of the King and Kingdome Let no man object any derogation from the Kings Prerogative by it Wee doe but present the Bill 't is to be made a Law by him his Honour his Power will be as conspicuous in commanding at once that Parliament shall assemble every third yeare as in commanding a Parliament to be called this or that yeare there is more of his Majesty in ordayning primary and Vniversall Causes then in the actuaâ—ing particularly of subordinate effects I doubt not but that glorious King Edward the Third when he made those Lawes for the yearely Calling of Parliament did it with a right sence of his dignity and honour The truth is Sir the Kings of England are never in their Glory in their Splendour in their Majesticke Soveraignty but in Parliaments Where is the power of imposing Taxes Where is the power of restoring from incapacities Where is the legislative Authority Marry in the King Mr. Speaker But how In the King circled in fortified and evirtuated by his Parliament The King out of Parliament hath a limitted a circumscribed jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling Grievances Mr. Speaker in chasing ill Ministers we doe but dissipate Clouds that may gather againe but in voting this Bill we shall contribute as much as in us lyes to the perpetuating our Sunne our Soveraigne in his verticall in his Noone day lustre A Speech of the Honourable NATHANAEL FIENNES In the House of Commons the 9. of Febr. 1640. Mr. Speaker TWO things have fallen into debate this day The first concerning the Londoners Petition whether it should bee committed or no. The other concerning the government of the Church by Arch-bishops Bishops c. whether it should bee countenanced or no. For the first I doe not understand by any thing that I have yet heard why the Londoners Petition should not be committed or countenanced The exceptions that are taken against it are from the irregularities of the delivery of it and from the Subject matter contained in it For the first it is alledged that the long taile of this blazing starre is ominous and that such a number of Petitioners and such a number that brought the Petition to the House was irregular Hereunto I answer that the fault was either in the multitude of the Petitioners or in their carriages and demeanours if a multitude finde themselves agrieved why it should be a fault in them to expresse their grievances more than in one or a few I cannot see nay to me it seemes rather a reason that their Petitions should be committed and taken into serious consideration for thereby they may receive satisfaction though all bee not granted that they desire But if wee shall throw their Petition behind the door and refuse to consider it that it may seeme an act of will in us And whether an act of will in us may not produce an act of will in the people I leave it to your consideration Sure I am acts of will are more dangerous there than here because usually they are more tumultuous All Lawes are made principally for the quiet and peace of a Kingdome and a Law may be of such indifferent nature many times that it is a good reason to alter it onely because a great number desires it if there were nothing else in it and therefore I doe not see that the number of Petitioners is any good reason why it should not bee committed but rather the contrary Now for their carriage there came indeed three or foure hundred of the 15000 some of the better sort of them
and there might bee good reason for it I have heard that there was brought a Petition to some privie Counsellours with a thousand hands to it and being brought onely with sixe men they were answered that they sixe might write those thousand hands if there were a thousand that joyned in the Petition why did they not come too And we heard it objected but the other day in this house against the Ministers Petition that there were indeed seven or eight hundred names to it but two hands onely Therefore it was not without cause that a considerable number should come with a Petition signed by so many but for any disorder in their carriage I saw none for upon an intimation in one word from this house they forthwith retired to their dwellings As for the subject matter of the Petition three exceptions are taken against it First that divers things are contemptible in it as that about Ovid de Amore set forth in English and other such things Secondly that in many things their discourse was altogether irrationall for that they argue from personall faults of Bishops against the office it selfe of Bishops and in other things argue from effects that proceed from it by accident as if they did flie out of it And in the last place that their prayer and conclusion is bold and presumptuous desiring so boldly an abolition of standing Lawes To the first I answer that some things may seeme contemptible in themselves which are not so in their causes nor in their effects as the suffering of such lascivious pamphlets to be printed and published when other profitable writings are suppressed doth discover a principle that loosenesse and prophanesse which will helpe to bring in superstition is more sutable to their hierarchy than the contrary which makes them connive at such things as are apt to produce loosenesse and lewdnesse and this is no contemptible effect nor doth it proceed from a contemptible cause In the next place for that which seemes irrationall in the way of their discovery divers things may seeme to bee personall faults which indeed are derived unto the persons from the office or from the circumstances thereof I meane their revenues and dignities on the one side and the ceremonies on the other side For most of the things complained of as silencing and thrusting out of godly and painfull Preachers bringing in Innovations in Doctrine and worship and the like although they may seeme personall and accidentall faults yet if wee follow them to their last resort wee shall find that their worldly wealth and dignities stirre them up to doe this that their sole and arbitrary power over the Clergy and in matter Ecclesiasticall enable them to effect it and the ceremonies both new and old serve as instruments and meanes whereby they effect it In the last place that their Prayer in the conclusion of their Petition is bold or presumptuous I doe not see there is any reason so to esteeme of it for if they had taken upon them to have altered any thing upon their owne authority or had imperiously required the Parliament to doe it then it might deserve such a stile but when they come as humble suppliants by way of Petition desiring the altering of Lawes that have been found burdensome unto them and that of the Parliament where and wherein onely old lawes may bee repealed and new Lawes may be made they come in the right manner to their right and proper place and therefore have done nothing boldly or presumptuously but orderly and regularly and therefore ought not to receive any check or discouragement in the way that they have taken Now Sir concerning the government of the Church by Arch-Bishops Bishops c. which also hath beene spoken unto whereas it is desired that the evills and inconveniences should be shewed which arise not from the persons but from the office it selfe of Bishops I shall apply my discourse particularly to that poynt But first I shall crave leave to say a word or two in answer to what hath beene alledged for the credit of the Government by Bishops First that it is as ancient as Christian Religion and that it hath continued ever since the time of Christ and his Apostles as for this I doe not pretend to have so much knowledge in antiquity as to confute this out of the Fathers and Ecclesiasticall Histories although there are that undertake that onely one sentence I have often heard cited out of Saint Ierome that in the Primitive times Omnia communi Clericorum Concilio regebantur and truely so farre as the Acts of the Apostles and the New Testament goeth which was the ancientest and most primitive time of Christianity I could never find there any distinction betweene a Bishop and a Presbyter but that they were one and the very same thing In the next place that which is alledged for the credit of Episcopacy is that our Reformers and Martyrs were many of them Bishops and practised many of those things now complaiâ—ed of and that in other Reformed Churches whâ—re Bishops are not they are desired For the Martyrs and Reformers of the Church that were Bishops I doe not understand that that was any part of their Reformation nor of their Martyrdome I have read that whereas Ridley and Hooper had some difference betweene them in their life time about these things when they came both to their martyrdome he that had formerly beene the Patron of this Hierarchy and Ceremonies told his brother that therein his foolishnesse had contended with his wisedome As for that which is said that other Reformed Churches where they have not Bishops yet they are desired I will not deny but some among them may desire Bishopricks I meane the Dignities and Revenues of Bishops but that they desire Bishops as thinking it the fittest and best Government of the Church I cannot beleeve for if they would have Bishops why doe they not make themselves Bishops I know not what hindreth why they might not have Bishops when they would In the last place for that which is alledged in relation to the government of this Kingdome that Bishops are so necessary as that the King cannot well let them goe with the safety of Monarchy and that if Bishops bee taken away Assemblies or something must come in the roome thereof And if Kings should bee subject thereunto and should happen to be excommunicated thereby that after they would bee little esteemed or obeyed as Kings for this if it shall be cleared as it is affirmed or if any thing therein doe strike at Monarchy I shall never give my vote nor consent thereunto as long as I live But to cleare that this is not so I offer to your consideration that by the Law of this Land not onely all Ecclesiasticall Jurisdiction but also all superiority and preheminence over the Ecclesiasticall state is annexed to the Imperiall Crowne of this Realme and may bee granted by Commission under the great seale to such persons
made but my Oath once being taken doth binde mee in all places and in all conditions so long as I live Thus much I thought good to speake concerning the power of imposing new Oathes as to the matter of this new Oath it is wholly illegall Jt is against the Law of this Land it is against the Law and light of Nature it is against the Law of God it is against the Lawes of this Kingdome and that no obscure Lawes nor concerning any meane or petty matters It is against the Law of the Kings Supremacy in that it maketh Arch-bishops Bishops Deanes Arch-Deacons c. to bee jure Divino whereas the Law of this Land hath annexed to the Imperiall Crowne of this Realme not onely all Ecclesiasticall Iurisdiction but also all superioritie over the Ecclesiasticall State and it is to bee derived from him by Câ—mmission under the Great Seale and consequently it is Jure humano Again it is against the Oath of Supremacy established by Law poynt blanke for therein I am sworne not onely to consent unto but also to assist and to the uttermost of my power to defend all Iurisdictions Preheminences c. anneâ—ed to the Imperiall Crowne of this Realme of which this is one and that which immediately precedeth this Oath in the Statute and whereunto it doth especially relate That his Majesty may exercise any Iurisdictions or Ecclesiasticall Government by his Commission under the great Seale directed to such persons as he shall thin 〈◊〉 meet so that if he shall thinke other persons more meet then Arch-bishops Bishops c. I am sworne in the Oath of Supremacy not onely to assent thereunto but to assist and to the uttermost of my power to defend such an appoyntment of his Majesty and in this new Oath I shall swear never to consent unto such an alteration In the like manner it is against the Law and Light of Nature that a man should sweare to answer c. to he knowes not what It is against the Law and light of Nature that a man should sweare never to consent to alter a thing that in its owne nature is alterable and may prove inconvenient and fit to bee altered Lastly it is against the Law of God for whereas there are three rules prescribed to him that will sweare aright that he sweare in Iudgement in Truth and righteousnesse hee that shall take this new Oath must needs breake all these three Rules He cannot sweare in Iudgement because this Oath is so full of ambiguities that he cannot tell what he sweares unto not to speak of the unextricable ambiguity of the c. There is scarce one word that is not ambiguous in the principall parts of the Oath as first What is meant by the Church of England whether all the Christians in England or wherher the Clergie onely or onely the Arch-Bishop Bishops Deanes c. Or whether the Convocation or what In like manner it is as doubtfull what is meant by the Discipline and what by the Dotirine of the Church of England for what some call Superstitions Innovations if others affirme to be consonant to the Primitive and that the purest Reformation in the time of Edward the 6. and in the beginning of the Reigne of Queene Elizabeth and so for the Doctrine of the Church of England if all the Positions that of later yeares have beene challenged by some of Divines to bee Arminian and Popish and contrary to the Articles of our Religion and which on the other side have beene asserted and maintained as consonant to the Doctrine of our Church and if the Articles of Religion were gathered together they might make a pretty volume Nay Sancta Clara will maintaine it in despight of the Puritanes that the Doctrine of the Church of Rome is the Doctrine of the Church of England Truely it were very fit that wee knew what were the Doctrine and Discipline of the Church of England before we sweare to it and then Sir give me leave to say that I should be very loath to sweare to the Discipline or to the Doctrine and Tenents of the purest Church in the World as they are collected by them farther than they agree with the Holy Scriptures Lastly it is as doubtfull what is meant by the Doctrine and Discipline established and what by altering consenting to alter whether that is accompted or established which is estalished by a Act of ParliameÌ„t or wether that also that is established by Canons Injunctions c. and whether it shall not extend to that which is published by our Divines with the allowance of authority so for consenting to alter whether it be only meant that a man shall not bee active in altering or whether it extend to any consent and so that a man shall not submit to it nor accept of it being altered by the State More ambiguities might be shewne but these are enough to make it cleare that hee that shall tâ—k this Oath cannot sweare in Iudgement Nor can he sweare in Truth for it is full of untruths It is not true that Discipline is necessary to salvation It is not true that Arch-Bishops Bishops Deanes Arch-Deacons c. are jure Divino as they must needs bee if the Law-mamakers ought of right to establish them as they are established for the Law-makers are not bound as of right to frame their Lawes to any other than the Lawes of God alone Now whether Bishâ—ps be jure Divino we know it is a dispute among the Papists and never did any Protestant hold it till of late yeares but that Arch-bishops Deanes Arch-Deacons c. should be jure Divino I doe not know that ever any Christian held it before and yet he that taketh this Oath must sweare it Lastly as hee that taketh this Oath cannot sweare in Iudgement nor in Truth so neither can hee sweare in Righteousnesse for it is full of unrighteousnâ—sse being indeed as hath beene well opened a Covenant in effect against the King and Kingdome for if the whole State should finde it necessary to alter the Government by Arch-Bishops Bishop c a great part of the Kingdome especially of the Gentry for not onely the Clergy but all that take Degrees in the Vniversities are bound to take it will be preingaged not to consent to it or admit of it Againe it is a great wrong to those that shall bee Parliament-men that their freedome shall be taken away being bound up by an Oath not to coâ—sent to the altering of a thing which it may befit and proper for a Parliament to alter And suppose that for the present it bee no hinderance to the service of God nor yet burdensome to the King and Kingdome yet if it should prove so hereafter for a man to bee bound by an Oath never to consent to alter it may bee a great wrong to God in his service and to the King and Kingdome in their peace and welfare and therefore this Oath cannot be taken in
thereunto required by the House Or to adjourne the House upon any command whatsoever without the consent and approbation of the House it selfe were breaches and violations that highly impeached our priviledges And having passed the vote I conceive it were fit wee should now proceed a little further and consider of a way how to be repaired against them that have beene the violaters For Execution does animare Legem The putting of an old Law in Execution you know Mr. Speaker does oftentimes doe more good then the making of a new one As concerning the violations of the other sort done out of Parliament in Courts of Justice and at the Councell board where neither our persons nor our proceeding ought to have beene controlled or medled withall And as concerning matters of Religion and the property of our goods and estates there were divers things then likewise agreed upon by vote whereupon a conference was desired to have â—eene with the Lords But what interjections and rubs wee met withall by the way and how the Lords countervoted the precedency of our grievances and how our Speaker was taken away from amongst us and what an unhappy conclusion we had at the last the remembrance of it were a subject too sad to begin another Parliament wi hall Therefore Mr. Speaker I shall passe from what was done the last Parliament and come to what hath beene done since that Parliament ended M. Speaker there are some worthy Gentlemen now of this House that were members of the last Parliament that carried themselves in the matters and businesses then and there agitated and debated with great Wisedome and unexampled moderation But what had they at last for all their paines in attending the publique strince of the Common-wealth As soone as ever the Parliament was ended their Studies and Pockets were searched as if they had beene Fellons and Traytors and they committed to severall Goales with an intention I am confident of their utter ruine and destruction had they not fore-seene a danger approaching For Master Speaker if I be truly informed an information was drawne or at least directions given for the drawing of it against them in the Starre-Chamber Master Speaker there hath beene since the last Parliament a Synod and in that Synod a new Oath hath beene made and framed and enjoyned to be taken Master Speaker they might as wel have made a new Law and enjoyned the execution of that as enjoyned and urged the taking of the other not being established by Act of Parliament and in point of mischiefe the safety of the Common-wealth and the freedome and liberties of the Subject are more concerned in the doing of the one then if they had done the other The next exception I shall take to it is to the matter contained in the Oath it selfe Master Speaker they would have us at the very first dash sweare in a damnable Heresie that matters necessary to salvation are contained in the Discipline of our Church Whereas Master Speaker it hath ever beene the tenet of our Church that all things necessary to salvation are comprehended and contained in the Doctrine of our Church only And that hath alwayes beene used as an Argument untill this very present against Antidisciplinarians to stop their mouthes withall And therefore that for that reason they might with the lesse regret and offence conforme and submit themselves to the Discipline of our Church And Master Speaker for prevention in case the Wisedome of the State in this great Councell should at any time think fit to alter any thing in the government of our Church they would anticipate and fore-stall our judgements by making us sweare before-hand that wee would never give our consent to any alteration Nay Master Speaker they goe a little further for they would have us sweare that the government of the Church by Archbishops Bishops Deanes Archdeacons c. is Jure divino Their words are as of right it ought to stand Whereas Master Speaker wee meet not with the name of an Archbishop or a Deane or an Arch-deacon in all the new Testament And whatsoever may bee said of the Function of Bishops it is one thing But for their Jurisdiction it is meerely Humana institutione and they must thank the King for it As for their grosse absurd c. wherein they would have men sweare they know neither what nor how many fathome deepe There is neither Divinity nor charity in it and yet they would put that upon us Master Speaker what they meant and intended by this new Oath and their Booke of Canons and their Booke of Articles which they would have our Church-wardens sworne unto to enquire of and to present thereupon I must confesse I know not unlesse they had a purpose therein to blow up the Protestant Religion and all the faithfull professors of it and to advance their Hierarchie a step higher which I suppose we all feare is high enough already Master Speaker they have likewise in this Synod granted a benevolence but the nature of the things agrees not with the name for in plaine English it is six Subsidies to be paid by the Clergie in six yeares And the penalty they have imposed upon the refusers for none-payment is to be deprived of their Functions to be stripped of their free-hold and to be excommunicated and this Act of their Synod is not published amongst their Canons for which they might have some colourable seeming authority But it comes out in a Booke alone by it selfe in the Latine tongue supposing as I conceiue that Lay-men are as ignorant as they would have them And thus they think they dance in a Net And as in this so in most of their new Canons if they bee throughly considered any judicious man may easily discerne and perceive that they doe therein like Water-men that looke one way and rowe another they pretend one thing but intend nothing lesse And certainly Mr. Speaker in this they have flowne a high pitch For a Synod called together upon pretence of reconciling and setling Controversies and matters in Religion to take upon them the boldnesse thus out of Parliament to grant Subsidies and to meddle with mens Free-holds I dare say the like was never heard of before and they that durst doe this will doe worse if the current of their raging Tyrannie be not stopped in time Who are they Master Speaker that have countenanced and cherished Popery and Armianisme to that growth and height it is now come to in this Kingdome Who are they Master Speaker that have given encouragement to those that have boldly preached those damnable Heresies in our Pulpits Who are they Master Speaker that have given authoritry and licence to them that have published those Heresies in Print Who are they Master Speaker that of late dayes have beene advanced to any dignity or preferment in the Church but such as have beene notoriously suspitious in their Disciplines corrupt in their Doctrines and for the most part vitious in their
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
Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester transferre his suit against Leostine from the County ad generale placitum in the time of King Etheldred Queen Edgine against Goda from the County appealed to King Etheldred at London Congregatis principibus sapientibus Angliae a suit between the Bishops of Winchester and Durham in the time of Saint Edward Coram Episcopis principibus Regni inpresentia Regis ventilate finita In the tenth yeer of the Conqueror Episcopi Comites Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis tractandis Convocati saith the book of Westminster And this continued all along in the succeeding Kings raigne untill towards the end of Henry the third AS this great Court or Councell consisting of the King and Barons ruled the great affairs of State and controlled all inferiour Courts so were there certain Officers whose transcendent power seemed to be set to bound in the execution of Princes wills as the Steward Constable and Marshall fixed upon Families in Fee for many ages They as Tribunes of the people or explori among the Athenians grown by unmanly courage fearfull to Monarchy fell at the feet and mercie of the King when the daring Earle of Leicester was slain at Evesham This chance and the deare experience H the 3. himselfe had made at the Parliament at Oxford in the 40. yeare of his Raign and the memory of the many straights his Father was driven unto especially at Rumny-mead neere Stanes brought this King wisely to begin what his Successour fortunately finished in lessoning the strength and power of his great Lords and this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were as the booke of St. Albans termeth them Quot Domini tot Tiranni And by the weakning that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Councell Now began the frequent sending of Writs to the Commons their assent not only used in money charge and making Lawes for before all ordinances passed by the King and Peeres but their consent in judgements of all natures whether civill or criminall In proofe-whereof I will produce some few succeeding Presidents out of Record When Adamor that proud Prelate of Winchester the Kings half brother had grieved the State by his daring power Liber S. Alban fol. 20.7 An 44. H. 3. he was exiled by joynt sentence of the King the Lords and Commons and this appeareth expressely by the Letter sent to Pope Alexander the fourth expostulating a revocation of him from banishment because be was a Church-man and so not subject to any censure in this the answer is Si Dominus Rex Regnimajores hoc vellent meaning his revocation Communit as tamen ipsius ingressum in Angliam jam nullatenus sustineret The Peers subsign this answer with their names and Petrus de Mountford vice totius Communitatis as Speaker or Proctor of the Commons For by that stile Sir John Tiptofe Prolocutor Charta orig sub figil An. 8. H. 4. affirmeth under his Arms the Deed of Intaile of the Crowns by King Henry the 4. in the 8. year of his Raign for all the Commons The banishment of the two Spencers in the 15. of Edward the second Prelati Comites Barones les autres Peeres de la terre Communes de Roialme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widdow of Sir John de Burgo complained in Parliament Rot. Parl. 15. E. 3 vel 2. that Hugh Spencer the younger Robert Boldock and William Cliffe his instruments had by duresse forced to make a Writing to the King wherby she was dispoyled of all her inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones autres grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le det escript per agard del Parliam dampue elloquens al livre a ladit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope Prelâ— Parliam 1. Ed. 3. Rot. 11 that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super his discernerent judicarent quod rationi justitiae conveniret habere prae oculis solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesae Majestatis morti adjudicarent ejus sententia c. When in the 50 yeere of Edw. 3. the Lords had pronounced the sentence against Richard Lions Parl An. 5. Edw. 3. otherwise then the Commons agreed they appealed to the King and had redresse and the sentence entred to their desires When in the first yeere of Richard the second William Weston Parl. An. 1. Rich. 2 11 3.8 3.5 and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Hen. the 4. although the Commons refer by protestation the pronouncing of the sentence of deposition against King Rich. the 2. unto the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one E. one Baron and 2. Knights Gray and Erpingham for the Commons and to infer that because the Lords pronounced the sentence the point of judgement should be only theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Hen. 5. the Petition of the Commons importeth no lesse than a right they had to act and assent to all things in Parliament Rot. Parl. An. 2. H 6. and so it is answered by the King and had not the adjourned Roll of the higher House beene left to the sole entry of the Clark of the upper House who either out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those who immediately served there would have been frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed bodie knit under one