holy Church and of his grace and bounty he will confirme all those liberties priviledges and rights granted and given by him and his noble Progenitors to the Church by their Charters which plainly sheweth that they have their Episcopall Jurisdiction from the Kings of England and not Iure divino by divine right and this likewise is acknowledged by themselves in the Statute of 37. H. 8. cap. 17. that they have their Episcopall jurisdiction and all other Ecclesiasticall jurisdiction whatsoever solely and onely by from and under the King The second thing that is trenching upon the Crowne is this that it is holden at this day that Episcopacy is inseparable to the Crowne of England and therefore it is commonly now said No Bishop no King no Miter no Scepter which I utterly deny for it is plaine and apparant that the Kings of England were long before Bishops and have a subsistance without them and have done and may still depose them The third is likewise considerable as trenching upon the Crowne which is that was said under the Gallery that Episcopacy was a third estate in Parliament and therefore the King and Parliament could not be without them This I utterly deny for there are three estates without them as namely the King who is the first estate the Lords Temporall the second and the Commons the third and I know no fourth estate Besides the Kings of England have had many Parliaments wherein there have beene no Bishops at all as for example Ed. 1.24 of his reigne held his Parliament at Edmundbury excluso Clero and in the Parliament 7. R. 2. c. 3. 7. R. 2. c. 12. it doth appeare that they were enacted by the King with the assent and agreement of the Lords Temporall and Commons where the estates of Parliamen are mentioned and not the Clergie Divers other statutes might likewise be named to this purpose which I omit The fourth and last thing is of the Bishops holding of the Ecclesiasticall Courts in their owne names and not in the name of the King nor by Commission from him contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Bishop Ridley Coverdale and Ponnet who tooke Commissions from the KING for holding their Ecclesiasticall Courts as may be seene at this day in the Rolles And although it will be objected that by a late Proclamation in the yeare of our Lord God 1637. wherein the opinion of the Iudges mentioned it is declared upon their opinion that the act of 1 Edw. 6. was repealed and that Bishops may now keep Courts in their owne names and send processe under their owne Seales yet it is well knowne that the Statute of 1 Q. Mary which repealed the Statute of 1 Ed. 6. was it selfe repealed by the Statute of 1 Iac. cap 25. Whereupon it was holden upon a full debate of this poynt in Parliament 7 Iac. which I have seene that upon consideration of the Statutes of 1 Iac. and 1. Eliz. cap 1. and 8 Eliz. cap. 1. that the Statute of 1 Ed. 6. was revived and that Bishops ought not to keepe Courts in their owne names So that for these reasons so nearely concerning the right of the Crowne of England in the poynt of Episcopacy I am against the proposall of that question and am for the retaining of the London Petition and for a thorow Reformation of all abuses and grievances of Episcopacy mentioned in the Ministers Remonstrance which Reformation may perhaps serve the turne without alteration of the Government of England into a forme of Presbytery as it is in other Kingdomes of Scotland France Genâ—va and the Low Countries which for mine owne part had I lived in these Kingdomes I should have bin of the opinion of the Protestant party in point of Presbytery because those Kingdomes are governed by the Civill Law which maintaines the jurisdiction of the Pope and Papall Episcopacy which the ancient Lawes of England condemne being likewise in themselves opposite to the Civill and Canon Lawes And if notwithstanding all the Reformation that can be made by the Lawes of this Land a better forme of government may evidently appeare to us concerning which there is no forme now before us it is to be taken by us into consideration according to that imperiall Constitution in these words In rebus nobis constituendis evidens utilitas esse debet ut ab eo jure recedatur quod diu aequum visum est And so Mr. Speaker I shortly conclude that for these Reasons omitting divers more the London Petition is to be retained The Speeches of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker WEe are here assembled to doe Gods businesse and the Kings in which our owne is included as wee are Christians as wee are Subjects Let us first feare GOD then shall wee honour the King the more for I am afrayd wee have beene the lesse prosperous in Parliaments because wee have preferred other matters before Him Let Religion be our Primum Quarite for all things else are but Etcaetera's to it yet we may have them too sooner and surer if wee give God his precedence We well know what disturbance hath been brought upon the Church for vain petty trifles How the whole Church the whole Kingdome hath beene troubled where to place a Metaphor an Altar Wee have seene Ministers their Wives Children and Families undone against Law against Conscience against all Bowells of Compassion about not dancing upon Sundayes What doe these sort of men think will become of themselves when the Master of the house shall come and finde them thus beating their fellow servants These Inventions were but Sives made of purpose to winnow the best men and that 's the Devills occupation They have a minde to worry preaching for I never yet heard of any but diligent preachers that were vext with these and the like devices They despise prophesie and as one said They would faine be at something were like the Masse that will not bite A muzzl'd Religion They would evaporate and dis-spirit the power and vigour of Religion by drawing it out into solemne specious formalities into obsolete antiquated Ceremonies new furbish'd up And this belike is the good worke in hand which Dr. Heylin hath so often celebrated in his bold Pamphlets All their Acts and actions are so full of mixtures involutions and complications as nothing is cleare nothing sincere in any of their proceedings Let them not say that these are the perverse suspitious malicious interpretations of some few factious Spirits amongst us when a Romanist hath bragged and congratulated in print That the face of our Church begins to alter the Language of our Religion to change And Sancta Clara hath published That if a Synod were held Non intermixtis Puritanis setting Puritanes aside our Articles and their Religion would soone be agreed They have so brought it to passe that under the name of Puritans all our Religion is branded and under
unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries and the fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves better before God and man The Protestation your Lordships shall have read unto you together with ground and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble Then the Protestation was read by Master Maynard Die Mercurii 5 May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Preamble togtheer with the Protestation which the Members of this House made the third of May shall be forthwith Printed and the Copies printed brought to the Cleark of the said House to Attest under his hand to the end that the Knights Citizens and Burgesses may send them down to the Sheriffes and Justices of Peace of the severall Shires and to the Citizens and Burgesses of the severall Cities Boroughes and Cinque Ports respectively And the Knights Citizens and Burgesses are to intimate unto the Shires Cities and Boroughes and Cinque Ports with what willingnesse all the Members of this House made this Protestation And further to signifie that as they justifie the taking of it in themselves so the cannot but approve it in all such as shall take it A Preamble with the Protestation made by the whole House of Commons the third of May 1641. and assented unto by the Lords of the upper House the fourth of May last past WE the Knights Citizens and Burgesses of the Commons House in Parliament finding to the griefe of our hearts that the designes of the Priests and Jesuits and other adherents to the See of Rome have of late more boldly and frequently put in practice then formerly to the undermining and danger of the Ruine of the true reformed Religion in his Majesties Dominions established and finding also that there hath bin and having cause to suspect there still are even during the sitting in Parliament endeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and tyrannicall government by most pernicious and wicked counsells practises plots and conspiracies and that the long intermision and unhappier breach of Parliaments hath occasioned many illegall Taxations whereupon the Subjects have beene prosecuted and grieved and that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of his Maiesties Dominions Jealousies raised and Fomented between the King and his people a Popish Armie leavied in Ireland and two Armies brought into the bowels of this Kingdome to the hazard of his Majesties Royall Person the Consumption of the Revenue of the Crown and the treasure of this Realme And lastly finding the great causes of Jealousie endeavours have beene and are used to bring the English Armie into mis-understanding of this Parliament thereby to encline that Armie by force to bring to passe those wicked counsells have therefore thought good to ioyn our selves in a Declaration of our united affections and resolutions and to make this ensuing Protestation The Protestation I A.B. Do in the presence of Almighty God promise vow and protest to maintain and defend as farre as lawfully I may with my life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all popery and popish Innovation within this Realm contrary to the said Doctrine and according to the duty of my Allegiance I will maintain and defend his Majesties Royall Person Honor and Estate As also the power and priviledge of Parliaments the lawfull Rights and Liberties of the Subjects And every person that shall make this Protestation in whatsoever he shall do in the lawfull pursuance of the same and to my power as farre as lawfully I may I will oppose and by all good wayes and means endeavour to bring condigne punishment on all such as shall by force practice counsels plots conspiraces or otherwise do any thing to the contrary in this present protestation contained and further that I shall in all Just and Honorable wayes endeavour to preserve the union and peace betwixt the three Kingdoms of England Scotland and Ireland And neither for hope fear or any other respects shall relinquish this promise vow and Protestation The Bill of Attainder that passed against Thomas Earl of STAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of high Treason for endeavouring to subvert the Ancient and Fundamentall Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own authority commanded the laying and asseising of souldiers upon his Majesties Subjects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon papâ—r Petitions in causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levie Warre against the Kings Majesty and his liege people in that Kingdome And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsell and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the Warres between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before
work and businesse of this House of Commons which was never small or mean and now like to be exceeding weighty It is a learned age wherein we live under your Majesties most peacefull government and your House of Commons is not only the representative body but the abstracted quintessence of the whol Communalty of this your noble Realme I most humbly therefore beseech your Majestie as the father of the Commonwealth and hope of the whole nation to whom the care of all our welfares appertains to have respect to your own interest have regard to your House of Commons have compassion upon me the unworthiest member of that body ready to faint with fear before the burthen lights on me I have only a hearty affection to serve you and your people little abilities for performance In the fulnesse therefore of your Royall power your piety goodnesse be gratiously pleased to command the House of Commons to deliberate upon a better choice who may be worthy of their choosing and your Majesties acceptations My Lord Keeper having by his Majesties direction confirmed him as Speaker he addrest himselfe to his Majesty as followeth Most gratious Soveraigne My profession hath taught me that from the highest Judge there lies no writ of error no appeale what then remains but that I first beseech Almighty God the author and finisher of all good works to enable me to discharge honestly and effectually so great a taske so great a trust and in the next place humbly to acknowledge your Majesties favor Some enemies I might feare the common enemy of such services expectation and jealousy I am unworthy the former and I contemn the latter Time the touchstone of truth shall teach the babling world I am and will be found an equall freeman zealous to serve my Soveraign zealous to serve my dearest Country Monarchy Royall of all governments the most illustrious and excellent whether we regard the glory wealth or safety of the governours or people I hope none of this Nation are of Antimonarchicall spirits nor friends to such if there be I wish no greater honour to this Parliament then to discover them and to assist your Majesty to suppresse and confound them To behold your Majesty in peace and safety affords compleat joy to all Loyall Subjects who cannot but conclude with me in this desire Serus in caelum redeas diúque Laetus intersis Populo Britanno England is your seat of residency Scotland is your native place and herein hath the advantage Ireland imitates England by a great and quick progression in civility and conversation in improvement of the soile and plantation France is still attendant on your Royall stile A Kings Prerogative is as needfull as great without which he should want that Majesty which ought to be inseparable from his Crown nor can any danger result thereby to subjects liberties so long as both admit the temperament of Law and Justice specially under such a Prince who to your immortall Honor hath published this to the whole world for your maxime that the peoples liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the peoples liberties Apples of gold in pictures of silver Kings as Kings are never said to Erre only the best may be abused by misinformation this the highest point of Prerogative that the King can doe no wrong if then by the subtilty of misinformers by the specious false pretences of publique good by a cunning and close contrivance of their waies to seduce the Sacred Royall Person it be surprized and overwrought to command contrary to law and be executed accordingly these commands will be void and this King innocent even in his very person and the authors of such misinformations the actors of such abuses stand exposed to just censure having nothing to defend themselves but the colour of a void command made void by just Prerogative and the fundamentall reasons of state Touching justice there is not a more certain signe of an upright Judge then by his patience to be well informed before sentence given and I may boldly say all the Judges in your Kingdome may take example by your Majesty and learn their duties by your practise my selfe have often been a witnesse thereof to my no little admiration From your patience please you give me leave to presse to your righteous judgement and exemplifie it but in one instance When your Lords and people in your last Parliament presented your Majesty a Petition concerning their rights and liberties the Petition being of no small weight your Majesty after mature deliberation in few but most effectuall words soit droict faict come est desire made such an answer as shall renown you for just Judgement to all posterity Let us heartily pray that this Parliament may be famous for the advancement of Sacred Religion and to that end that the most Reverend Prelates sitting on the right hand of your Kingly side be most forward therein to whom it is most proper That the Nobles girt with their swords in their creation and most especially rewarded and honored for actions military call to minde the most renowned Acts of their Ancestors whose lands and honours they inherite and how renowned this Land hath been through the whole World for Art and Armes and labor to restore it to its ancient splendor The best way to preserve peace is to be well fitted for War But were this Nation never so valiant or wealthy if Unity be not among us what good will riches doe us or your Majesty but inrich the conqueror he that commands all hearts by love he onely commands assuredly greatnesse without goodnesse can at best but command bodies It shall therefore be my hearty prayer That such a knot of love may be knit betwixt the Head and members that like Gordius knot it never be loosed That all Jesuited forrain States who look asquint upon our Hierusalem may see themselves defeated of all their subtill plots and combinations of all their wicked hopes and expectations to render us if their mischiefe might take effect a people inconsiderable at home and contemptible abroad Religion hath taught us Si Deus nobiscum quis contra nos and experience I trust will teach us Si sumus inseparabiles sumus insuperabiles It was found and I hope it still shall and will be the Tenet of the House of Commons That the King and peoples good cannot be severed And cursed be every one that goes about to divide them Secretarie Windebankes Letter to my Lord Chamberlain from Callis January 11. MY Lord I ow my selfe to your Lordship for your late favors and therefore much more the account of my self though the debt in either respect be of little consideration and the calling of both may be of greater advantage to you then to continue be Obligation This account had been presented to your Lordship at my first arrivall here with my first dispatches but I was so mortified with my hazardous passage in an open shallop
of Rome doth eate into our Religion and fret into he banks and walls of it the Lawes and Statutes of this Realme especially since these Lawes have beene made in a manner by themselves even by their owne Treasons and bloudy designes and since that Poperie is a consused masse of errors casting downe Kings before Popes the Precepts of God before the tradition of men living and reasonable men before dead and sencelesse stocks and stones I desire that we consider the encrease of Arminianisme and errors that makes the grace of God to lackie it after the will of man that makes the Sheepe keepe the Shepheard and make an immortall seed of a mortall God Yea I desire that we looke into the very belly and bowells of this Trojan horse to see if there be not in it men readie to open the gates of Romish tyranny and Spanish Monarchie for an Arminian is the spaune of a Papist and if their come the warmth of favour upon him you shall have him turne into one of those frogs that arise out of the bottomelesse pit and if you marke it well you shall see an Arminian reach out his hand to a Papist to a Jesuite a Jesuite gives one hand to the Pope another to the King of Spaine and therein having kindled a fire in our neighbors Countrey now they have brought some of it hither to set on flame this kingdome also Let us further search and consider whether these be not the men that breake in upon the goods and liberties of this Common-wealth for by these meanes they may make way for the taking away of Religion It was an old tricke of the Devills when he meant to take away Jobs Religion he began at his goods Lay thy hand on all be hath and be will curse even to thy face Rather they thinke hereby to set a distance betweene Prince and people or to finde some other way of supply to avoyd or breake Parliaments that so they may break in upon our Religion and bring in their errors but let us doe as Job did he held fast his Religion and his goods were restored with advantage and if we hold fast God and our Religion these things shall be unto us Let us consider the times past how we flourished in honor and abundance when Religion flourished amongst us but when Religion decayed so the honour and strength of our Nation decayed when the soul of this Common-wealth is dead the bodie cannot long over live it If a man meete a Dogge alone the Dog is fearefull but though never so fierce by nature if that Dog have his Master by him he will set upon that man from whom he fied before This shewes the lower natures being back't with the higher increase in courage and strength and certainly man being back't with omnipotence is a kinde of omnipotence Wherefore let it now be the unanimous consent and resolution of us all to make a vow and Covenant from henceforth to hold fast on God and his Religion and then may we from henceforth expect prosperitie in the Kingdome and Nation to this Covenant Let every one of us say Amen The Accusation and Impeachment of Sir George Ratcliffe by the Commons in this present Parliament Assembled Charging him with High-Treason and other misdemeanours as ensue 1640. IMprimis That he had conspired with the Earle of Strafford to bring into Ireland an Arbitrary Government and to subvert the fundementall Lawes and did joyn with the Earle to bring in an Armie from Ireland to subdue the Subjects of England Secondly That he hath joyned with the Earle to use Regall power and to deprive the Subjects of their liberties and properties Thirdly That he hath joyned with the Earle to take _____ thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profits to their own uses Fourthly That he had Trayterously confederated with the Earle to countenance Papists and build Monasteries to alienate the affections of the Irish Subjects from the subjection of England Fiftly That he had Traiterously confederated with the Earle to draw the Subjects of Scotland from the King Sixthly That to preserve himselfe and the sayd Earle he had laboured to subvert the liberties and priviledges of Parliament in Ireland The Charge of the Scottish Commissioners against the Prelate of CANTERBVRY NOvations in Religion which are universally acknowledged to be the maine cause of commotions in Kingdomes and States and are knowne to be the true cause of our present troubles were many and great beside the book of Ordination and Homilies 1. Some particular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgy or booke of Common-prayer which did also carry with them many dangerous errors in matters of Doctrine Of all which we challenge the Prelate of Canterburie as the prime cause on earth And first that this Prelate was the Author and urger of some particular changes which made great disturbance amongst us we make manifest 1. By fourteen letters subscribed W. Cant. in the space of two yeares to one of our pretended Bishops Bannatine wherein he often enjoyneth him and other pretended Bishops to appeare in the Chappell in their whites contrary to the custome of our Kirk and to his promise made to the pretended Bishop of Edinburgh at the Coronation that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappell twice a day for his neglect shewing him that he was disappointed of the Bishopricke of Edinburgh promising him upon the greater care of these Novations advancement to a better Bishoprick taxing him for his boldnesse in Preaching the sound Doctrine of the reformed Kirks against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senators of the Colledge of Justice who did not communicate in the Chappell in a forme which was not received in our Kirk commending him when he found him obsequious to these his commands telling him that he had moved the King the second time for the punishment of such as had not received in the Chappell and wherein he upbraided him bitterly that in his first Synod at Aberdein he had only disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seen in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
in that behalfe shall bee onely answered with Prisons and Pillories and hard Censures that I may speake most softly of them I hold therefore that the other way of satisfaction is the safest the easiest and the onely way And that is to take into consideration the severall heads of the evills which are causes of these complaints and to finde out and apply the proper remedies thereunto For the furtherance whereof I shall make bold with your patience which I am very unwilling to tire but must tire my owne Conscience if I should not discharge it upon this occasion to represent a briefe Modell of the severall heads and springs from whence the evills which are causes of these complaints doe naturally or occasionally arise The evils complained of doe either arise from persons or from things those faults that are personall are besides the poynt that I intend to speake to there is one onely remedy for them that is by punishment and removall of such persons and the putting of better in their roome As for those evills which proceed from things they also are remedied by a removall of such things as are evill and the putting of better in their roome the evills and inconveniences of this kinde doe principally flow either from the Clergies Offices and functions or from their Benefices and Dignities those that arise from their Offices and functions doe arise naturally either from the Lawes and Constitutions whereby and according to which they exercise their Offices and functions or from the Government it selfe wherein they exercise those functions The faults that I note in the Ecclesiasticall Lawes are that they hold too much of the Civill Law and too much of the Ceremoniall Law Of the Civill Law in respect of all those Titles concerning Wills and Legacies tithes marriages adulteries which all belonging to the Civill jurisdiction and are no more of spirituall consideration than rapes thefts fellonies or treasons may bee Sir it is good that every bird should have his owne feather and I remember when one came to our Saviour Christ to desire him that hee would cause his Brother to divide the inheritance with him hee asked him who made him a Iudge of such things and may not we aske who made them that take themselves to bee successours of Christ and his Apostles Judges of such things Many inconveniences arise from hence First that the mindes of Clergie men are inured unto Civill Dominion and to meddle with civill matters Secondly the manner of their proceedings is turned from a Spirituall way into the fashion of Processes in Temporall Courts And lastly which is worst of all by this meanes the Spiâ—iâ—uall Sword comes to bee unsheathed about such things as doe not at all fall under the stroake thereof Many are excommunicated for Pigges Apples and Nuts and such like things But the other fault which I noted in the Ecclesiasticall Lawes and Constitutions pincheth us more which is that they hold too much of the Ceremoniall Law And here Mr. Speaker give me leave to lament the condition of this our Church of England beyond that of all other reformed Churches A certaine number of Ceremonies in the judgement of some men unlawfull and to bee rejected of all Churches in the judgement of all other reformed Churches to bee rejected by them and in the judgement of our owne Churches but indifferent Ceremonies and yet what difference yea what distractions have these indifferent Ceremonies raised among us What hath deprived us of so many faithfull able and godly Ministers since the Reformation as able and as fit in all other respects to discharge that function as any age ever produced in the Christian Word since the time of the Apostles I say what hath deprived us of them but these indifferent Ceremonies What hath deprived us of so many thousand Christians which desired and in all other respects deserved to hold communion with us I say what hath deprived us of them and scattered them into I know not what places and corners of the World but these indifferent Ceremonies What hath caused so many hard censures and harder executions but these indifferent Ceremonies What hath occasioned those calamities and dangers which we feele and which wee feare but those indifferent Ceremonies I shall say no more of them but I pray God that now at length it may please his Majesty with thâ— his great Councell of Parliament to take a view of them and if there be a necessity to retaine them let them be retained but if not then let us remove them before they ruine us As to the evills and inconveniences that arise out of the government it selfe I should have noted something amisse as well in the legislative part as in the executive part but in the former I am prevented by what hath beene already voted concerning the Power of making Canons which votes if they bee brought to perfection they will set us right in great part in that respect for surely before the power was neither in the hands of such as were representative of that which is truely the Church of England nor yet in the hands of those that were truely representative of the Clergy of England if they were the whole Church as indeed they are not As to the executive part which consisteth in the exercise of Ecclesiasticall Jurisdiction therein I note also two disorders Confusion and Corruption Confusion of the Spirituall Sword with the Temporall Lay-men strike with the Spirituall sword and Spirituall men with the Temporall sword nay out of the same mouth and at the same time proceedeth an Excommunication and a fine or commitment or both I will not say positively that it is unlawfull for Clergie-men to exercise civill jurisdiction because I know it is a question but yet such a question as hath bin determined by divers Canons of generall Councels and by some that were made in Synods of the Church of England that it is unlawfull and that upon grounds which are not contemptible As first that it is contrary to the precept and practice of Christ and his Apostles And secondly That it is not possible for one man to discharge two Functions whereof either is sufficient to imploy the whole man especially that of the Ministery so great that they ought not to entangle themselves with the affaires of this world A third ground not so well observed generally as in one part thereof is this That Ministers of the Gospell being sent especially to gaine the Soules of men they are to gaine as great interest as possible may be in their minds and affections Now we know that the nature of all men is such that they are apt to think hardly of those that are any Authors of their pain and punishment although it bee in a way of Iustice and therefore as it is well knowne that Clergy men are not to be present in judicio sanguinis so the same reason extends it selfe to the administration of all Civill jurisdiction and therefore we may
Speaker who can frame an argument aright unlesse he can tell against what he is to argue Would you confute the Convocation-house they were a holy Synod they were Commissioners will you dispute their Commission they will mingle all power together and perhaps answer they were something else that we neither knew nor imagined unlesse they would unriddle themselves and owne what they were wee may prosecute non-concludent Arguments Mr. Speaker I have conferred with some of the Founders of those Canons but I professe here that I could never meet with any one of that assembly who could well answer to that first question of the Catechisme What is your name Alas they were parted before they knew what they were when they were together The summe of all the severall answers that I have received do all together amount unto this They were a Convocationall Synodicall Assembly of Commissioners Indeed a threefold Chaemera a Monster to our Lawes a Cerberus to our Religion A strange Commission where no Commissioners name is to be found A strange Convocation that lived when the Parliament was dead A strange holy Synod when the one part never saw nor conferred with the other But indeed there needed no conference if it be true of these Cannons which I read of the former Quis nescit Canones Lambethae formari priusquam in Synode ventilentur Well Mr. Speaker they have Innovated upon us wee may say it is Lex talionis to Innovate upon them and so I hope we shortly shall doe In the meane time my humble motion is that every member of that assembly who voted their Cannons may come severally to the Barre of this House with a Book of Cannons in his hand and there unlesse he can answer that Catechisme question as I called it better then I expect he can conceptis verbis in such expresse termes as this honourable house shall then think fit he shall abjure his owne Issue and be commanded to give fire to his owne Canons And this motion I take to be just The fourth Speech of Sir Edward Deering Concerning the Arch-Bishop and divers other Grievances Mr. Speaker YEsterday we did regulate the most important businesse before us and gave them motion so that our great and weighty affaires are now on their feet in their progresse journying on towards their several periods where some I hope will finde their latest home Yet among all these I observe one a very maine one to sleepe sine die give me leave to awaken it it is a businesse of an immense weight and worth such as deserves our best care and most severe circumspection I meane the Grand Petition long since given in by many thousand Citizens against the domineering Clergy Wherein for my part although I cannot approve of all that is presented unto you yet I do clearely professe that a great part of it nay the greatest part thereof is so well grounded that my heart goes cheerefully along therewith It seemes that my Countrey for which I have the honour to serve is of the same minde and least you should thinke that all faults are included within the walls of Troy they will shew you Iliacos intra muros peccatur extrae The same grievances which the City groanes under are provinciall unto us and I much feare they are Nationall among us all The pride the avarice the ambition and oppression by our ruling Clergie is Epidemicall it hath infected them all There is not any or scarce any of them who is not practicall in their own great cause in hand which they impiously doe mis call the Piety of the times but in truth so wrong a Piety that I am bold to say In facinus jurasse putes Here in this Petition is the disease represented here is the cure intreated The number of your Petitioners is considerable being above five and twenty hundred names and would have been foure times as many if that were thought materiall The matter in the Petition is of high import but your Petitioners themselves are all of them quiet and silent at their owne houses humbly expecting and praying the resolution of this great Senate upon these their earnest and thrice hearty desires Here is no noyse no numbers at your doore they will be neither your trouble nor your jealousie for I doe not know of any one of them this day in the towne so much they doe affie in the justice of their Petition and in the goodnesse of this house If now you want any of them here to make avowance of their Petition I am their servant I doe appeare for them and for my selfe and am ready to avow this Petition in their names and in my owne Nothing doubting but fully confident that I may justly say of the present usage of the Hierarchy in the Church of England as once the Pope Pope Adrian as I remember said of the Clergy in his time A vertice capitis ad plantam pedis nihil est sanum in toto ordine Ecclesiastico I beseech you read the Petition regard us and relieve us Master BAGSHAWES Speech in Parliament Febr. 9 th 1640. Concerning Episcopacy and the London Petition Mr. Speaker I Was yesterday and the time before for the retaining of the London Petition and am in the same minde still and therefore doe now rise up against the proposall of that question which is now called for Whether Episcopacy it selfe be to be taken into consideration by the Committee wherein I doe distinguish of a twofold Episcopacy the first in Statu puro as it was in the Primitive times the second in Statu corrupto as it is at this day and is so intended and meant in the London Petition Now I hold that Epistopacy in this latter sence is to be taken into consideration as a thing that trencheth not onely upon the right and liberties of the Subject of which I shall have occasion to speake hereafter But as it is now it trencheth upon the Crowne of England in these foure particulars wherein in I know this House will willingly heare me First it is maintained by the Bishop of Exeter in a Booke which he hath writ to this purpose that Episcopacy it selfe both in the office and in the jurisdiction is de Iure Divino of Divine right which position is directly contrary to the Lawes of England of which I will cite but two or three in stead of many more The Statute of Carlisle 35. Ed. 1. mentioned in Caudries case in the fifth Report saith that the Church of England is founded in the state of Prelacie by the Kings of England and their Progenitors Which likewise appeares by the first Chapter in Magna Charta in these words Concessimus Deo Ecclesiae Anglicanae omnes libertates c. and in the twentie fifth yeare of Edward the third in the French Roll which I have seene there the Archbishop and Clergie petition the King for their liberties in these words thus Englished That for the reverence of God and
their office then is to governe But in my opinion they governe worse than they Preach though they preach not at all for wee see to what passe their government hath brought us In conformity to themselves They silence others also though Hierom in one of his Epistles saith that even a Bishop let him be of never so blamelesse a life yet he doth more hurt by by his licence then he can doe good by his example Mr. Speaker It now behooves us to restraine the Bishops to the duties of their Function as they may never more hanker after heterogeneous extravagant employments Not be so absolute so single and solitary in actions of Moment as Excommunication Absolution Ordination and the like but to joyne some of the Ministry with them and further to regulate them according to the usage of Ancient Churches in the best times that by a well-temper'd Government they may not have power hereafter to corrupt the Church to undoe the Kingdome When they are thus circumscribed and the publique secur'd from their Eruptions then shall not I grudge them a liberall plentifull subsistence else I am sure they can nevâ—â— be given to Hospitality Although the calling of the Clergie be all glorious within yet if they have not a large considerable outward support they cannot be freed from vulgar Contempt It will alwaies be fit that the flourishing of the Church should hold proportion with the flourishing of the Common-wealth wherein it is If we dwell in houses of Ceaar why should they dwell in skins And I hope I shall never see a good Bishop left worse than a Parson without a Gleab Certainly Sir this superintendencie of eminent men Bishops over divers Churches is the most Primitive the most spreading the most lasting Government of the Church Wherefore whilest we are earnest to take away Innovations let us beware wee bring not in the greatest Innovation that ever was in England I doe very well know what very many doe very servently desire But let us well bethinke our selves whether a popular Democraticall Government of the Church though fit for other places will be either sutable or acceptable to a Regall Monarchicall Government of the State Every man can say It is so common and knowne a Truth that suddaine and great changes both in naturall and Politick bodies have dangerous opperations and give mee leave to say that we cannot presently see to the end of such a consequence especially in so great a Kingdome as this and where Episcopacie is so wrap'd and involv'd in the Lawes of it Wherefore Mr. Speaker my humble Motion is that we may punish the present offenders reduce and preserve the Calling for better men hereafter Let us remember with fresh thankfulnesse to God those glorious Martyr-Bishops who were burn'd for our Religion in the times of Popery who by their learning zeale and constancy upheld and convey'd it downe to us We have some good Bishops still who doe Preach every Lords Day and are therefore worthy of double honour they have suffered enough already in the Disease I shall bee sorry we should make them suffer more in the Remedy 〈…〉 A message delivered from the Commons to the Lords of the Vpper House in Parliament by Mr. Pym Novemb. 11. 1640. My Lords THe Knights Citizens and Burgesses now assembled for the Commons in Parliament have received information of divers traiterous designes and practices of a great Peere of this House and by vertue of a command from them I doe here in the name of the Commons now assembled in Parliament and in the name of all the Commons of England accuse Thomas Earle of Strafford Lo. Lieutenant of Ireland of high Treason and they have commanded me further to desire your Lordships that he may be sequestred from Parliament and forthwith committed to prison They have further commanded mee to let you know that they will within a very few dayes resort to your Lordships with the particular Articles and grounds of this accusation And they doe further desire that your Lordships will thinke upon some convenient and fit way that the passage betwixt England and Ireland for his Majesties subjects of both Kingdomes may be free notwithstanding any restraint to the contrarie The Lord Lieutenant being required to withdraw and after a debate thereof called in kneeled at the Bar and after standing up the L. Keeper spake as followeth My Lord of Strafford THe House of Commons in their owne name and in the name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of high treason The articles they will within a very few dayes produce In the meane time they have desired of my Lords and may Lords have accordingly resolved that your Lordship shall be committed to safe custody to the Gentleman Vsher and be sequestred from the House till your Lordship shall cleare your selfe of the accusations that shall be laid against you Articles of the Commons assembled in Parliament against Thomas Earle of Strafford in maintenance of his accusation whereby he stands charged of High Treason 1. THat he the said Thomas Earle of Strafford hath traiterously endevoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and in stead thereof to introduce on Arbitrary and Tyrannicall Government against Law which hee hath declared by traiterous words counsels and actions and by giving his Majestie advice by force of Armes to compell his loyall Subjects to submit thereunto 2. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties Subjectâ— in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people 3. That the better to enrich and enable himselfe to goe thorow with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid 4. That he hath traiterously abused the power and authoritie of his government to the encreasing countenancing and encouraging of Papists that so hee might settle a mutuall dependance and confidence betwixt himselfe and that partie and by their help prosecute and accomplish his malicious and tyrannicall designes 5. That hee hath maliciously endevoured to stir up enmitie and hostilitie between his Majesties subjects of England and those of Scotland 6. That he hath traiterously broken the great trust reposed in him by his Majestie of Lieutenant Generall of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of bloud by dishonour and so great a losse of New-Castle his Majesties
in such wayes wherein the Natives of that Kingdome were unpractised and unskilfull which Proclamations so issued were by his Commands and Warrants to his Majesties Justices of Peace and other officers and by other rigorous meanes put in execution and the Flaxe wrought or ordered in other manner than as the said Proclamation prescribed was seized and employed to the use of him and his agents and thereby the said Earle endeavoured to gaine and did gaine in effect the sole sale of that native commodity 15 That the said Earle of Strafford by Proclamation dated the sixteenth of October in the fourteenth yeare of his Majesties Raigne did impose upon the Owners Masters Pursers and Boat-swaines of every ship a new and unlawfull Oath viz. that they two or more of them immediately after the arrivall of any ship within any Port or Creek in the said Kingdom of Ireland should give in a true in-voyce of the outward bulke of Wares and Merchandises and number of goods and the qualities and condition of the said goods as farre as to them should bee knowne the names of the severall Merchants proprietours of the said goods and the places from whence they were fraughted and whither they were bound to discharge which Proclamation was accordingly put in execution and sundry persons enforced to take the said unlawfull Oath 15 That the said Earle of Strafford trayterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the subjects of the said Realme of Ireland to bring them under his tyrannicall power and will and in pursuance of his wicked and trayterous purposes aforesaid the said Earle of Strafford in the eighth yeare of his Majesties reigne did by his owne â—uthority without any warrant or colour of Law taxe and impose great summes of money upon the Townes of Baltemore Bandenbridge Talowe and divers other Townes and places in the said Realme of Ireland and did cause the same to bee leavied upon the inhabitants of those Townes by troopes of Souldiers with force and armes in a warlike manner And on the ninth day of March in the twelfth yeare of his now Majesties Reigne trayterously did give authority unto Robert Savile a Sarjeant at Armes and to the Captains of the Companies of souldiers in severall parts of that Realm to send such numbers of souldiers to lye on the lands and houses of such as would not conforme to his orders untill they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to returne to their Garrisons And did also issue the like Warrants unto divers others which Warrants were in warlike manner with force and armes put in execution accordingly and by such warlike meanes did force divers of his Majesties Subjects of that Realme to submit themselves to his unlawfull commands And in the said twelfth yeare of his Majesties reigne the said Earle of Strafford did trayterously cause certaine troops of Horse and Foot armed in warlike manner and in warlike aray with force and Armes to expell Richard Butler from the possession of Castle Cumber in the Territory of Idough in the said Realme of Jreland and did likewise and in like warlike manner expell divers of his Majesties Subjects from their houses families possessions as namely Ed. Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield divers others to the number of about an hundred families and took and imprisoned them and their wives and carryed them prisoners to Dublin and there detained them untill they did yield up surrender or release their respective estates and rights And the said Earle in like warlike manner hath during his government of the said Kingdome of Ireland subdued divers others of his Majesties Subjects easily to his will and thereby and by the meanes aforesaid hath levied warre within the said Realm against his Majesty and his liege people of that Kingdome 16 That the said Earle of Strafford the two and twentieth of February in the seventh yeare of his now Majesties Reigne intending to oppresse the said subjects of Ireland did make a proposition and obtained from his Majestie an allowance that no complaint of injustice or oppression done in Ireland should be received in England against any unlesse it first appeared that the party made first his addresse to him the said Earle and the said Earle having by such usurped tyrannicall and exâ—rbitant power expressed in the former Articles destroyed the Peeres and other Subjects of that Kingdome of Ireland in their Lives Consciences Land Liberties and Estates the said Earle to the intent the better to maintaine and strengthen his power and to bring the people into a disaffection of his Majestie as aforesaid did use his Majesties name in the execution of his said power And to prevent the Subjects of that Realme of all meanes of complaints to his Majesty and of redresse against him and his agents did issue a Proclamation bearing date the seventeenth day of Septmber in the eleventh yeare of his Majesties Reigne thereby commanding all the Nobility undertakers and others who held estates and offices in the said Kingdome except such as were imployed in his Majesties service or attending in England by his speciall command to make their personall residence in the said Kingdome of Ireland and not to depart thence without licence of himselfe And the said Earle hath since issued other Proclamations to the same purpose by meanes whereof the Subjects of the said Realme are restrained from seeking reliefe against the oppressions of the said Earle without his licence which Proclamation the said Earle hath by severall rigorous wayes as by fine imprisonment and otherwise put in execution on his Majesties Subjects as namely one Parry and others who came over onely to complain of the exorbitances and oppressions of the said Earle 17 That the said Earle having by such meanes as afore-said subverted the Government and Lawes of the Kingdome of Ireland did in March in the sixteenth yeare of his Majesties Reigne in scandall of his Majesty of all his Kingdomes and in further Execution of his wicked purposes aforesaid speaking of the Armies in Ireland declare that his Majesty was so well pleased with the Army of Ireland and the consequence thereof that his Majesty would certainly make the same a patterne for all his three Kingdomes 18 That the said Earle of Strafford for the better effecting of his traiterous designes and wicked purposes did indevour to draw dependency upon himselfe of the Papists in both Kingdomes of England and Ireland and to that end during the time of government in Ireland he restored divers Frieries and Masse-houses which had beene formerly suppressed by precedent Deputies of that Kingdome two of which houses were in the City of Dublin and had beene assigned to the use of the Vniversity there to the pretended owners thereof who have since imployed the same to the exercise of the Popish Religion And in the Moneth of May and Iune last
the said Earle did raise an Armie in the said Realme of England consisting of eight thousand foot all of which except one thousand or thereabouts were Papists and the said one thousand were drawne out of the old Army there consisting of two thousand foote and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earle And the more to ingage and tye the new Army of Papists to himselfe and to incourage them and to discourage and weare out the old Armie the said Earle did so provide That the said new Army of Papists were duâ—ly payeâ— and had all necessaries provided for them and permitted the exercise of their Religion but the said old Army were for the space of one whole yeare and upwards unpaid And that the said Earle being appoynted a Commissioner with eleven severall Counties in the Northern parts of England for compounding with Recusants for their forfeitures due to his Majesty which Commission beareth date the eighth day of Iuly in the fifth yeare of his Majesties Reigne that now is and being also Receiver of the Composition Money thereby arising and of other debts Duties and penalties for his Majesties use by Letters Patents dated the 9. day of the said Iuly he to engage the said Recusants to him did compound with with them at low and under rates and provided that they should bee discharged of all proceedings against them in all his Majesties Courts both temporall and Ecclesiasticall in manifest breach of and contrary to the Lawes and Statutes of this Realme in that behalfe established 19 That the said Earle having taxed and levied the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royall command he the said Earle in May the 15 yeare of his Majesties Reigne did of his owne authority contrive and frame a new and unusuall oath by the purport whereof among many other things the party taking the said oath was to sweare that he should not protest against any of his Majesties royall commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty his government there and compelled divers of his Majesties said subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10 of October Anno Dom. 1639. He fined Henry Steward and his wife who refused to take the said oath 5000. pounds a piece and their 2. daughters and Iames Gray 3000. pounds a piece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters and Iames Gray being the Kings liege people of the Scottish Nation and divers others he used in like manner and the said Earle upon that occasion did declare that the said oath did not onely oblige them in point of allegiance to his Majesty and acknowledgement of his Supremacie only but to the Ceremonies and governement of the Church established or to be established by his Majesties Royall authoritie and said that the refusers to obey he would prosecute to the blood 20 That the said Earle in the 15. and 16. yeares of his Majesties Reigne and divers yeares past laboured and endevoured to beget in his Majestie an ill opinion of his subjects namely those of the Scottish Nation and diverse and sundry times and especially since the Pacification made by his Majestie with his said Subjects of Scotland in Summer in the 15 yeare of his Majesties Reigne he the said Earle did labour and endeavour to perswade incite and provoke his Majestie to an offensive warre against his said Subjects of the Scottish Nation And the said Earle by his counsell actions and endeavours hath beene and is a principall and chiefe incendâ—ary of the warre and discord betweene his Majestie and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty that the demand made by the Scots in this Parliament were a sufficient cause of warre against them The said Earle having formerly expressed the height rancor of his minde towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15. yeare of his Majesties Reâ—gne he said that the Nation of the Scots were â—â—bâ—â—s and traytors and hee beeing then about to come to England he then further said that if it pleased his Master meaning his Majesty to send him backe againe hee would root cut of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said oath in the precedent Article onely excepted and the sayd Earle hath caused divers of the said ships and goods of the Scots to bee stayed seized and molested to the intent to set on the said warre 21. That the said Earle of Strafford shortly after his speeches mentioned in the last precedent Article to wit in the fifteenth yeare of his Majesties Reigne came into this Realme of England and was made Lord Lieutenant of Ireland and continued his government of that Kingdome by a Deputy At his arrivall here finding that his Majestie with much wisedome and goodnesse had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all meanes to procure his Majesty to breake that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majestie to an offensive war against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that war he counselled his Majesty to call a Parlament in England yet the said Earle intended if the said proceedings of that Parliament should not be such as would stand with the said Earle of Straffords mischievous designes he would then procure his Majestie to breake the same and by wayes of force and power to raise monies upon the said subjects of this Kingdome And for the incouragement of his Majestie to hearken to his advice he did before his Majesty and his privie Counsell then sitting in Counsell make a large Declaration that he would serve his Majesty in any other way incase the Parliament should not supply him 22 That in the moneth of March before the beginning of the last Parliament the said Earle of Stafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a war against the Scots And gave directions for the raising of an Army consisting of 8000. foot and 1000. horse being for the most part Papists as aforesaid And confederating with one Sir George Râ—dcliffe did together with him the said Sir George trayterously conspire to employ the said Army for the
to the Lord Conttington then present said That this was a poynt worthy his Lordships consideration 27 That in or about the Moneth of August last he was made Lieutenant Generall of all his Majesties Forces in the Northerne parts against the Scots and being at York did in the Moneth of September by his owne authority and without any lawfull warrant impose a Taxe on his Majesties Subjects in the County of Yorke of eight pence perâ—iem for maintenance of every Souldier of the Trayned bands of that County which Summes of money hee caused to bee leavied by force And to the end to compell his Majesties Subjects out of feare and terrour to yeeld to the payment of the same He did declare that hee would commit them that refused the payment thereof and the Souldiers should be satisfied out of their estates and they that refused it were in very little better condition than of High Treason 28 That in the Moneth of September and October last he the said Earle of Strafford being certesild of the Scottish Army comming into the Kingdome and hee the said Earle of Strafford being Lieutenant Generall of his Majesties Armie did not provide to the defence of the Towne of New-Castle as he ought to have done but suffred the same to be lost that so hee might the more incence the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings kingdoms of England and Scotland in a Nationall and bloody Warre he did write to the Lord Conway the Generall of the Horse and under the said Earles command that hee should fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earle that his Majesties Armie then under his command was not of force sufficient to encounter the Scots by which advice of his hee did contrary to the duty of his place betray his Majesties Armie then under his command to apparent danger and losse All and every which Words Counsells and Actions of the said Earle of Strafford traiterously and contrary to his allegeance to our Soveraigne Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majesty and to set a division betweene them and to ruine and destroy his Majesties said Kingdomes For which they doe further impeach him the said Thomas Earle of Strafford of High Treason against our Soveraigne Lord the King his Crowne and Dignity The Earle of Bristowes Speech the 7th of Decemb. 1640. MAY this dayes Resolution be as happy as the Proposition which now moves me to rise seasonable and necessary for whether wee shall looke upon the King or the people it did never more behoove us the great Physitian the Parliament to effect a true consent towards all parts than now This debate carries with it a double aspect towards the Soveraigne and towards the Subject though both innocent both injured both to be cured In the representation of Injuries I shall crave your attention In the Cures I shall beseech your equall cares and better Iudgements surely in the greatest humility I speake it their illegall wayes are works and punishments of indignation The raising of Leavies strengthened by Commission with un-heard of instructions the billiting of Souldiers and by Lieutenants and their Deputies without leave have beene as if they would have perswaded Princes nay worlds the right of Empire had beene had to take away what they please by strong hands and they have endeavoured as farre as it was possible for them to doe it This hath not beene done by the King under the pleasing shade of whose Crowne I hope we shall ever gather the fruits of Iustice but the Projectors have extended the Prerogative of the King beyond the limits which mars that sweete harmony They have rent from us the light of our eyes enforced Companies of guests upon us worse than the Ordinary of France vitiated of wives and daughters before our faces brought the Crowne to greater want than ever it was by anticipating the Revenue And can the shepheard be thus smitten and the sheepe not scattered They have introduced a Privie Councell ravishing at once the spheares of all ancient government imprisoning without Bayle or Bond. They have taken from us what shall I say indeed what have they left us All meanes of supplying the King and ingratiating our selves with him taking the rootes of all propriety which if it be seasonably set into the ground by his owne hand we shall have instead of beauty baldnesse To the making of them whole I shall apply my selfe and propound a remedy to all these diseasis by one and the same thing Hath King and People beene hurt and by one and the same thing must they be cured to vindicate what new things no our ancient sober vitall libertie by reinforming our ancient Lawes made by our Ancestors by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them And shall wee thinke that a way to breake a Parliament no our desires are modest and just I speake truely both for the interest of the King and people if we enjoy not this it will bee impossible to relieve him Therefore let us feare they shall not bee accepted by his goodnesse Therefore I shall discend unto my motions which consists of foure parts two of which have relation to the persons two to the properties of goods For the persons the freedome of them from imprisonment and from imployment abroad contrary to the ancient customes for our goods that no leavies be made but in Parliament Secondly no billiting of Souldiers It is most necessary that these be resolved that the subject be secured in both Then the manner in the second place be fit to det-ermine it by a grand Committee Mr. MAINARDS Speech before both Houses in Parliament on Wednesday 24 th of March in reply upon the Earle of Straffords answer to his Articles at the Barre My Lords I Shall repeat little of that which hath beene said onely this That whereas my Lord of Strafford did answer to many particulars yet hee did not answer to that which was particularly objected against him that is that you were to heare the complaints of the whole Kingdome now the particular of our aime is to take off the vizard which my Lord hath put on wherein the truth and honour which is due to his Majestie he would attribute to himselfe My Lords there is one thing which I desire your Lordships to remember it being the maine of our complaints The alteration of the face of government and tradacing of his owne Lawes and this is the burthen upon all the Lords and Commons of Ireland Concerning the breach of Parliament he would put it on Sir George Ratcliffe but iâ—me sure he cannot put off himselfe for Sir George
the Citizens at London and also by a Petition of worthy Gentlemens sons Apprentices thereof so reputed to be All which show the whole estate of our Church and Common-wealth to be grievously diseased of a Plurisie and must have a present and good cure or else England is overthrown which is the mother and Almoner of the Kings well-fare and his posterity Which disease the King not fearing nor knowing he had some ill counsell to let it run so farre in jeopardy of trouble and distresse And herein give me leave to tell you the story of Noah a King in the the Ark yet after he was over-shot and taken by the Vines of his own planting and brought himself to some dishonour thereby as some use our English Kings heretofore have done by their favourites untill they saw it and this is it that made the Papists and Prelates rejoyce in their own wisedom and honour like Chams that saw his father so deceived but such deserve a curse for it both of God and man in respect of the matters contained in the foresaid Petitions of our English Lords as also for that the former Parliament might have settled all things in quiet enriched the Kings Coffers enabled to withstand all powerfull pretences and no doubt but to have qualified the humour of the Scots to all our contents Therefore these deserve the curse of Cham that were movers and stoppers and hinderers of it When things might have been composed convenient without warre or strife and not upon so extreme necessity which is now brought upon us and maketh the Scots proverb in use necessity hath no 〈◊〉 for their defence But now our Proverb is drawn frâ—â— thence we must make a vertue of necessity a hard case for a good take heed and counsell For since the plot of an after intended warre had an ill policy that would wrong good Noah their father and his children in such a manner of proceeding and then in glory and defence of it against this House of Commons cause a booke to be published against our proceedings these men which were the cause of publishing of it are fit to publish 't as Noahs cursed son Cham shamelesse And we for our parts in the House of Commons together with the higher House of Lords I hope will not so leave them but be rejecters of them as good Shem and Japheth acknowledging them to be vain members that go about to supplant our wrong the Vineyard our just King and his Kingdom Now therefore consider the former it shall be fit before we enter upon conference to be strengthened and enabled for discharge of our well meaning both to our King and Country answerable to his late speech to gain and obtain his free love consent power on these three points and cautions handled and moved the last meeting First free liberty of speech Secondly each ones right to our selves Thirdly for reformation of Religion And these things granted to proceed freely without delay of time or matters to the cure of such deadly diseases if they be let alone First I would conceive under favour of bette judgements to begin with Sathans Roots of evill viz. All Papists because they are of the most dangerous seed of the Serpent to the hurt of the Church and Common-wealth herein that we agree with a generall consent of Parliament to search see and finde out all the Jesuits Priests Friars Cappuchines and all such Romish factions and by order to all the Justices of Peace in England to imprison them or to send them all to some out-Townes to banish them all out of the Land speedily while you be in other Councell here sitting and thence to ship them away at their owne chages and upon good bonds and security that they never return into England Scotland or Ireland and if they should both the bonds and the Lawes to be executed upon them And for other long Inhabitants Papist and Recusants such as may seeme honest Subjects only for Religion the old orders and Statutes to be put in execution without the abatement of the penalties till they shall conforme to our Religion and if any have wincked or underhand compounded for the time past to be punished and made pay so much unto the Kings Cofers as justly due by the Statute ever since King Charles his Raigne The first course and Act of Parliament being speedily put in execution whilest we sit here will not only excuse the pretended charity that Papists hope for from the King and Queen but will also manifest the true piety against their heresies for ever and will be a good satisfaction to the Scots which make these one of the chiefest intents and causes of their comming into this Kingdome which we wish they had no worse intents and sure it will be a means to try their intents and our owne too and then we have hope to entreat the Scots to stay our leisures Sir John Wray his Speech touching the Canons the 15. of December 1640. Mr. Speaker A Man may easily see to what tend all these innovations and alterations in Doctrine and Discipline and without perspect time discover a farre off the active toylsomenesse of these spirituall Ingineeres to undermine the old and true foundation of Religion and establish their tottering heresie in Rome thereof which least it should not hold being built with untempered morter You see how carefull they are by a past oath to force mens consciences not to alter their government Archiepiscopall And Master Speaker the thoughts of the righteous are right but the counsells of the wicked are deceits and nothing else in their hearts but destructions and devastations but to the counsellors of peace is joy so long as they kept themselves within the circle of the spirituall commerce and studied to keepe mens hearts upright to God and his Truth there was no such complaining in our Streets of them nor had we never seene so many thousand hands against them as now there are come in And no marvell though God withdrawes so many hearts and hands from them who had turned so many out of the way of truth vita tuta they have stopt up but via devia they have enlarged and layd open as appears by their crooked Canons Master Speaker I shall not goe about to overthrow their government in the plurall but to limit it and qualifie it in some particulars For Sir Francis Bacon long since well observed there two things in the government of Bishops of which he could never be satisfied no more can I the first was the sole exercises of the authorities And secondly by the deputation of that authority But Master Speaker I shall not now dispute of either for mine own part Master Speaker I love some of them so well and am so charitable to the rest that I wish rather their reformation then their ruine But let me tell you withall that if we should finde amongst them any proud Becket or Wolsey Prelates who stick not to write
and so perplext with the thoughts to miseries into which I finde my selfe plunged and besides the departure of the messenger that carried those letters was so suddaine that it was not possible to perform this dutie to your Lordship sooner For the which I do most humbly crave pardon your Lordship may now please to accept the expressions from the saddest and most wounded soule in the whole World who am a spectacle of misery in my selfe in my distressed Wife and Children and in my whole fortunes who have left the attending of my Soveraigne and Master and accesse to the best Prince in the world who am become a scorne and by-word to all the world both at home and abroad a wanderer an Exile from mine own Country now in the declination of my years and likely to end my dayes in a remote Country and far from the comfort of all my friends What I am guilty of none knows so well as his Majesty whom I have served faithfully diligently painfully and with as true and loyall an heart according to my poore abilities as any other whatsoever and if I found my Conscience charged with any crime of basenesse corruption infidelity or any thing else unworthy of a Gentleman I should not venture to addresse these complaints to your Lordship or to any other person of Honour in this disconsolate estate being an object not altogether unworthy of your Lordships compassion be it for no other respect but that I have long served the King and Queens Majesties I doubt not but your Lordship in your generosity and goodnesse will have a lively sense and fâ—â—ling of my sufferings and vouchsafe me such reliefe as in your Honour you may and if my self who by course of Nature cannot be now of long continuance be not considerable I most humbly beseech your Lordship to have pity upon my poore innocent wife and children that they receive such comfort and assistance from you in my absence that they may be preserved from perishing And to that end I most humbly crave your Lordships favour to this Bearer my Sonne and to give him the honour of accesse whensoever he shall make his addresses to you wherein you shall doe a worke of singular charity and because there is an opinion in the world that I have much improved my fortunes by the Romane party and there hath beene some designe by my ministery to introduce Popery into England I shall most humbly crave your Lordships patience in giving me leave to clear those two great misunderstandings which if they were true were sufficient to render me uncapable of his Majesties favours or of the compassion of any person of honour whatsoever For the first it is notorious to all the world that having now served his Majestie in the place of a Secretary above eight years I have not added one foot of Land to the inheritance left me by my father which in Land and Lease was not above 500. pounds per annum a poore and inconsiderable estate for a Secretary and such an one as most Secretaries have more than trebled in a short time for my manner of living it hath been much under the dignity of a Secretary and if I had not been very frugall I could not have subsisted where then this concealed Masse of Treasurie is I wish those that speak so liberally of it would let me know for I doe protest to God I am utterly to seek where to discover it and at this present I am so unfurnished with monies that if his Majestie cause me not to be supplied I am unable to subsist in these parts without exposing my Family in England to the danger of starving and yet neither my purpose nor inclination is to live otherwise here than in the greatest obscurity and closenesse that possibly I may I assure your Lordship that those of the Roman party that passed my hands by his Majesties commandement were poore distressed creatures and farre from being able to inrich me and besides how little I have attended my own private and how freely and like a Gentleman I hope I may speak the truth without ostenation I have done curtesies to all I wish it should rather appeare by the testimonie of such as have made use of my services then by mine own My Father and I have served the Crown of England neare 80. years together in which time if a greater estate had been raised it might well have been justified confidering the great imployments neer the persons of Queen Elizabeth King James and his Majesty that now is we both have had and your Lordship may believe it for I avow it upon the faith of a Christian that it is no more then I have above mentioned and whether there are not many from lesse imployments have risen to be Noblemen and made their fortunes accordingly I leave to the world to judge For the other suspition of my being a favourer or an advancer of Popery I protest before the Almighty God and as I shall answer at the last dreadfull day that I know no ground for the least suspition thereof neither am I my selfe nor is any other to my knowledge guilty of the least thought of any such purpose For my self I received my Baptisme in the Church of England and I know nothing in the Church of Rome that can win me from that Church wherein I was made a Christian I doe therefore hold this Church of England not onely a true and Orthodox Church but the most pure and neer the primitive of any in the Christian world and this I will be ready to seale with my blood whensoever there shall be occasion with this further protestation that if I did not hold it so I would not continue in it for any worldly respects whatsoever For that which hath passed my hands for favor of that party it hath been meerly ministeriall as his Majesty best knows and I must be bold to say that his Majesty hath not been deceived by it but hath received many greater advantages besides that if a Secretary of State should not hold intelligence with the party is absolute to disable him for the service of the State and that hath been done alwaies more or lesse and so must alwaies continue Kings and their Ministers of State have ever had and might ever have a Latitude according to time and occasion and cannot be so tied according to strictnesse of law as others are without perill to the government therefore when the Roman party were practique and busie about the State there was reason to be more strict but now by the wisedome of the Queen and her good Officers they are better tempered lesse severity hath been used it being the prerogative of the Prince to use moderation according to accusation further than this I have not had to doe with the Roman party nor thus far but in obedience to my Masters commandement which I hope shall not be censured a crime this being my condition I most humbly
sometimes to the great discomfort of many poore soules who for want of money can get no absolution 12 They claim their Office and Jurisdiction to be jure divino and doe exercise the same contrary to Law in their own names and under their own Seals 13 They receive and take upon them temporall Honours Dignities Places and Offices in the Common wealth as if it were lawfull for them to use both swords 14 They cognizance in their Courts and elswhere of matters determinable at the Common Law 15 They put Ministers upon Parishes without the Patrons and without the peoples consent 16 They doe yearly impose Oaths upon Churchwardens to the most apparent danger of filling the land with perjuries 17 They doe exercise Oaths Ex Officio in the Nature of an inquisition even unto the thoughts of mens 18 They have apprehended men by Pursevants without ciration or missives first sent they break up mens houses and studies taking away what they please 19 They doe aw the Judges of the Land with their greatnesse to the inhibiting of prohibition and hindering of Habeas Corpus when it is due 20 They are strongly suspected to be confederated with the Roman party in this Land and with them to be Authors Contrivers or Consenters to the present Commotions in the North and the rather because of a Contribution by the Clergy and by the Papists in the last year 1639. and because of an ill-named benevolence of six Subfidies granted or intended to be granted this yeare 1640. thereby and with these monies to ingage as much as in them lay the two Nations into blood It is therefore our humble and earnest prayer that all this Hierarchicall power may be totally abrogated if the wisdome of this Honourable House shall finde that it cannot be maintained by Gods word and to his glory And your Petitioners shall ever pray c. The Petition of the Citizens of London to both house of Parliament wherein is a Demonstration of their grievances together with their desires for Justice to be excuted upon the Earle of Strafford and other DELINQUENTS To the most Honorable Assembly of the Lords and Commons in this present Parliament The humble Petition of divers Citizens of London SHeweth that notwithstanding his Majesties gracious Answer to the humble Petition of his Loyall Subjects in summoning this Parliament with the great care and endeavoured pains taken by both Houses for the removing the heavy Grievances in Church and Commonwealth whereof the Petitioners have already received some fruit for which they desire to return their most humble and utmost thanks yet neverthelesse they are inforced with all Humility to represent to this most Honourable assemblly some of these Obstructions which doe still hinder that freedome and fulnesse of Trade in this City they have formerly had which considering the numerous Multitude thereupon depending they conceive it not able comfortably to subsist As the unsetled Condition of the Kingdome even since the troubles in Scotland hath caused both strangers and also of our own who did furnish great summs of money to Use to call it in and remit much of it by Exchange unto Forraine pars and stands now in Expectation of what the issue of things may be The stopping money in the Mint which till then was accompted the safest place and surest staple in these parts in the world still doth hinder the importation of Bullyon the Scots now disabled to pay such debts as they owe to the Petitioners and others in the City and by reason of the oppressions exercised in Ireland their debts also are detained there The English Trade by reason of our generall distractions and fears is so much decayed that Country tradesmen can not pay their debts in London as formerly The great summs of money unduly taken by his Majesties Officers and Farmers for impositions upon Merchandize exported and imported and the want of reliefe in Courts of Justice against them The drawing out from the City great summs of money which is the life and spirit of Trade for his Majesties service in the North and being there imployed is not yet returned Besides all which from what strong and secret opposition the Petitioners know not they have not received what so much time and pains might give and cause to hope but still incendiaries of the Kingdoms and other notorious offenders remain unpunished the affaires of the Church notwithstanding many Petitions concerning it and long debate about it remains unsettled the Papists still armed the Laws against them not executed some of the most active of them still at Court Priests and Jesnits not yet banished the Irish Popish army not yet disbanded Courts of Justice not yet reformed and the Earle of Strafford who as now appears hath counselled the plundering of this City and putting it to fine ransome and said it would never be well till some of the Aldermen were banged up because they would not yeeld to illegall levies of moneys hath so drawn out and spent his time in his businesse to the very great charge of the whol Kingdome and his endeavour to obtain yet more all which makes us fear there may be practices now in hand to hinder the birth of your great endeavours and that we lie under some more dangerous plot then we can discover All which premisses with their fears and distractions growing there-from and from things of the like nature the Petitioners humbly offer to the most grave consideration of this most honorable assembly as being the true causes of decay of Trade discouragement of Tradesmen and of the great scarcity of monies with the consequences they labour under And do humbly pray that their said grievances may be redressed the causes of their fears removed Justice executed upon the said Earle and other incendiaries and offenders the rather in regard till then the Petitioners humbly conceive neither Religion nor their lives liberties or estates can besecured And as in duty bound they shall ever pray c. Subscribed to this Petition 20000. all men of good ranke and quality Sir John Wrayes Speech concerning Bishops 1641. THE first challenge for Lordly Primacy hath of old been grounded out of the great Charter by which they hold an Episcopall Primacy or Jurisdiction to be long to their state of Prelacy this is their temporall soundation and main object Here I demand of them unto what Church this great Charter was granted and whether it were not granted unto the Church of GOD in England Let the words of the Magna Charta decide this which are these Concessimus Deo proâ—nobis in perpetuum quod Ecclesia Anglicana libera sit habeat omnia Jura sua iutegra libertates suas illaesas Now by this Charter if it be rightly interpreted there is first provision made that honour and worship be yeelded unto God as truly and indeed belong unto him Secondly that not only such Rights and Liberties as the King and his Progenitors but also that such as
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for
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
and Liberties were of late more pressing than we were able to bear That our Complaints and Supplications for redresse were answered at last with the terrors of an Army That after a pacification greater preparations were made for war whereby many Acts of Hostility were done against us both by Sea and Land The Kingdome wanted administration of Justice and we constrained to take Arms for our defence That we were brought to this extreme and intolerable necessity either to maintain divers Armies upon our Borders against Invasion from England or Ireland still to be deprived of the benefit of all the Courts of Justice and not onely to maintain so many thousands as were spoyled of their ships and goods but to want all Commerce by Sea to the undoing of Merchants of Saylors and many other who lived by Fishing and whose Callings are upholden from hand to mouth by Sea trade Any one of which evils is able in a short time to bring the most potent Kingdome to Confusion Ruine and Desolation how much more all the three at one time combined to bring the Kingdome of Scotland to be no more a Kingdome Yet all these behoved We either to endure and under no other hope than of the perfect slavery of our selves and our posterity in our souls Lives and means Or to resolve to come into England not to make any Invasion or with any purpose to fight except we were forced God is our Judge our actions are our witnesses and England doth now acknowledge the truth against all suspicions to the contrary and against the impudent lies of our enemies but for our relief defence and preservation which we could finde by no other means when we had essayed all means and had at large expressed our pungent and pressing necessities to the Kingdome and Parliament of England Since therefore the war on our part which is no other but our coming into England with a Guard is defensive and all men do acknowledge that in common equity the defendant should not be suffered to perish in his just and necessary defence but that the persuer whether by way of Legall processe in the time of Peace or by way of violence and unjust invasion in the time of war ought to bear the charges of the defendant We trust that your Lordships will think that it is not against reason for us to demand some reparation of this kinde and that the Parliament of England by whose wisedome and justice we have expected the redresse of our wrongs will take such course as both may in reason give us satisfaction and may in the notable demonstration of their Justice serve most for their own honour Our earnestnesse in following this our Demand doth not so far wrong our fight and make us so undiscerning as not to make a difference between the Kingdome and Parliament of England which did neither discerne nor set forward a Warre against us And that prevalent faction of Prelates and Papists who have moved every stone against us and used all sorts of means not onely their Counsells Subsidies and Forces but their Church Canons and Prayers for our utter ruine which maketh them obnoxious to our just accusations and guilty of all the losses and wrongs which this time past we have sustained Yet this we desire your Lordships to consider That the States of the Kingdome of Scotland being assembled did endeavour by their Declarations Informations and Remonstrances and by the proceedings of their Commissioners to make known unto the Councell Kingdome and Parliament of England and to forewarn them of the mischief intended against both Kingdomes in their Religion and Liberties by the Prelates and papists to the end that our Invasion from England might have been prevented if by the prevalency of the faction it had been possible And therefore we may now with the greater reason and confidence presse our Demand that your Lordships the Parliament the Kingdome and the King himself may see us repaired in our losses at the cost of that faction by whose means we have sustained so much dammage And which except they repent we finde sorrow recompenced for our grief torments for our toyl and an infinite greater losse for the Temporall losses they have brought upon a whole Kingdome which was dwelling by them in peace All the devices and doings of our common enemies were to bear down the truth of Religion and the just liberties of the Subjects in both Kingdomes They were confident to bring this about one of two wayes Either by blocking us up by Sea and Land to constrain us to admit their will for a law both in Church and Policy and thus to make us a precedent for the like misery in England or by their Invasion of our Kingdome to compell us furiously and without order to break into England That the two Nations once entred into a bloody Warre they might fish in our troubled waters and catch their desired prey But as we declared before our coming We trusted that God would turn their wisedome into foolishnesse and bring their devices upon their own pares by our Intentions and Resolutions to come into England as among our Brethren in the most peaceable way that could stand with our safety in respect of our common enemies to present our petitions for setling our peace by a Parliament in England wherein the intentions and actions both of our adversaries and ours might be brought to light The Kings Majesty and the Kingdome right informed The Authors and Instruments of our divisions and troubles punished All the mischiefs of a Nationall and doubtfull warre prevented and Religion and Liberty with greater peace and amity than ever before established against all the craft and violence of our enemies This was our Declaration before we set our England from which our deportments since have not varied And it hath been the Lords wonderfull doing by the wise counsels and just proceedings of the Parliament to bring it in a great part to passe and to give us lively hopes of a happy conclusion And therefore we will never doubt but that the Parliament in their wisedom and iustice will provide that a proportionable part of the cost and charges of a work so great and so comfortable to both Nations be born by the Delinquents there that with the better conscience the good people of England may sit under their own Vines and Fig-trees refreshing themselves although upon our great pains and hazard yet not altogether upon our cost and charges which we are not able to bear The Kingdome of England doth know and confesse that the innovation of religion and liberties in Scotland were not the principall designe of our common enemies but that both in the intention of the workers whose zeal was hottest for setling their devices at home and in the condition so the work making us whom they conceived to be the weaker for opposition to be nothing else but a leading case for England And that although by the power of God which
is made perfect in weaknesse they have found amongst us greater resistance than they did fear or either they or our selves could have apprehended Yet as it hath been the will of God that we should endure the heat of the day so in the evening the precious wages of the vindication of religion liberties and laws are to be received by both Kingdoms and will enrich we hope to our unspeakable ioy the present age and the posterity with blessings that cannot be valued and with the good people of England esteem more than treasures of Gold and willingly would have puachased with many thousands We do not plead that conscience and piety have moved some men to serve God upon their own cost and that justice and equity have directed others where the harvest hath been common to consider the pains of labouring and the charges of the sowing yet thus much may we say that had a forraigne enemy intending to reduce the whole Island into Popery made the first assault upon her weaknesse we nothing doubt but the Kingdome of England from their desire to preserve their Religion and liberties would have found the way to bear with us the expence of our resistance and lawfull defence how much more being invaded although not by England yet from England by common enemies seeking the same ends we expect to be helped and relieved We will never conceive that it is either the will or the weal and honour of England that we should go from so blessed a work after so many grievous sufferings bearing on our backs the insupportable burdens of worldly necessities and distresses return to our Country empty and exhausted in which the people of all ranks sexes and conditions have spent themselves The possessions of every man who devoted himself heartily to this cause are burdened not onely with his own personall and particular expence but with the publike and common charges of which if there be no relief neither can our Kingdom have peace at home nor any more credit for Commerce abroad Nor will it be possible for us either to aid and assist our friends or to resist and oppose the restlesse and working wickednesse of our enemies The best sort will lose much of the sweetnesse of the enjoying of their religion and liberties and others will run such wayes and undirect courses as their desperate necessity will drive them into We shall be but a burthen to our selves a vexation unto others of whose strength we desire to be a considerable part and a fit subject for our enemies to work upon for obtaining their now disappointed but never dying desires We will not alledge the example of other Kingdomes where the losses of necessary and just defence had been repaired by the other party nor will we remember what help we have made according to our abilities to other reformed Churches and what the kingdome of England of old and of late hath done to Germany France and Holland nor do we use so many words that England may be burthened and we eased or that this should be a matter of our Covetousnesse and not of their Justice and kindnesse Justice in respect of our adversaries who are the causes of the great misery and necessity to which we have been brought kindnesse in the supply of our wants who have been tender of the welfare of England as of our own that by this equality and mutuall respect both Nations may be supported in such strength and sufficiency that we may be the more serviceable to his Majesty and abound in every good work both towards one another and for the comfort and reliefe of the reformed Churches beyond the Seas that we may all blesse God and that the blessing of God may be upon us all The English Peers demand concerning the preceding Articles WHether this be a positive demand or onely an intimation of the charge thereby to induce the Kingdome of England to take your distressed estate into consideration and to afford you some friendly assistance The Scottish Commissioners answer to the demand WE would be no lesse willing to bear our losses if we had ability than we have been ready to undergo the hazard But because the burden of the whole doth far exceed our strength We have as is more fully conceived in our Papers represented to your Lordships our charges and losses not intending to demand a totall repairation but of such a proportionable part as that we may in some measure bear the remanent which we conceive your Lordships having considered our reasons will judge to be a matter not of covetousnesse but of the said Justice and kindenesse of the Kingdome of England Proposition of the Peers to proceed to the other Demands during the debate of the Scottish losses THat in the Interim whilst the Houses of Parliament take into consideration your Demand of losses and dammages you proceed to settle the other Articles of the peace and intercourse betwixt the two Kingdomes Answer to the Peers Demand WE have represented our losses and thereby our distressed condition ingenuously and in the singlenesse of our hearts with very great moderation passing over many things which to us are great burthens that there might be no difficulty or cause of delay on our part hoping that the honorable Houses of Parliament would thereby be moved at their first convenience to take the matter to their consideration We do not demand a totall reparation nor do we speak of the payment till we consult about the setling of a solid peace at which time the wayes of lifting and paying the money may be considered We do onely desire to know what proportion may be expected That this being once determined and all impediments arising from our by-past troubles removed we may with the greater confidence and more hearty consent on both sides proceed to the establishing of a firm and durable peace for time to come It is not unknown to your Lordships what desperate desires and miserable hopes our adversaries have conceived of a breach upon this Article And we do foresee what snares to us and difficulties to your Lordships may arise upon the post poning and laying aside of this Article to the last place And therefore that our adversaries may be out of hope and we out of fear and that the setling of peace may be the more easie We are the more earnest that as the former articles have been so this may be upon greater reasons considered in its own place and order Your Lordships upon the occasion of some motions made heretofore of the transposing of our Demands do know that not onely the substance but the order of the propounding of them is contained in our instructions And as we can alter nothing without warrant the craving whereof will take more time than the Houses of Parliament will bestow upon the consideration of this Article So are we acquainted with the reasons yet standing in force which moved the ordering of this Demand And therefore let us still be earnest with your Lordships that there be no halting here where the adversaries did most and we did least of all by reason of the justice and kindenesse of the Houses of Parliament expect it Resolved on the Question THat this House doth conceive that the summe of three hundreth thousand pounds is a fit proportion for that friendly assistance and relief formerly thought fit to be given towards the supply of the losses and necessities of our Brethren of Scotland And that this House will in due time take into consideration the manner how and the time when the same shall be raised Answer of the Scots Commissioners WE intreat your Lordships whose endeavours God hath blessed in this great work to make known to the Parliament that we do no lesse desire to shew our thankfulnesse for their friendly assistance and relief than we have been earnest in demanding the same But the thankfulnesse which we conceive to be due doth not consist in our affections or words at this time but in the mutuall kindenesse and reall demonstrations to be expected from the whole Kingdome of Scotland in all time coming and that not onely for the measure and proportion which the Parliament hath conceived to be fit and which to begin our thankfulnesse now we do in name of the whole Kingdome cheerfully accept of but also for the kinde and Christian manner of granting it unto us as to their Brethren which addeth a weight above many thousands and cannot be compensed but by paying their reciprocal love and duty of Brethren And for the resolution to consider in due time of the raising of the same for our relief which also maketh the benefit to be double This maketh us confident that God whose working at this time hath been wnoderfull hath decreed the peace and amity of the two Kingdomes and will remove all rubs out of the way that our enemies will at last despair to divide us when they see that God hath joyned us in such a fraternity And that divine providence will plentifully recompence unto the Kingdome of England this their justice and kindenesse and unto Scotland all their losses which shall not by these and other means amongst our selves be repaired but by the rich and sweet blessings of the purity and power of the Gospel attended with the benefits of an unhappy and durable peace under his Majesties long and prosperous raigne and of his royall posterity to all generations FINIS