which time the sayd Iustice Seate was called by adjournment the sayd Iohn Lord Finch then Lord Chiefe Iustice of his Majesties Court of Common Pleas and was one of the Iudges assistants for them he continued by further unlawfull and unjust practices to maintaine and confirme the said verdict and did then and there being assistant to the Iustice in Eyre advise the refusal of the traverse offered by the County and all their evidences but onely what they should verbally deliver which was refused accordingly IV. That hee about the Moneth of November 1635. hee being then Lord Chiefe Iustice of the Common Pleas and having taken an oath for the due administration of Iustice to his Majesties Liege people according to the Lawes and statutes of the Realme contrived in opinion in haec verba when the good and safety c. and did subscribe his name to that opinion and by perswasions threats and false suggestions did solicite and procure Sir Iohn Bramstone Knight then and now Lord Chiefe Iustice of England Sir Humfrey Davenport Knight Lord chiefe Baron of his Majesties Court of Exchequer Sir Richard Hutton Knight late one of the Iustices of his Majesties Court of Common Pleas Sir Iohn Denham Knight late one of the Barons of his Majesties Court of Exchequer Sir William lones Knight late one of the Iustices of the said Court of Kings Bench Sir George Crock then and now one of the Iudges of the said Court of Kings Bench Sir Thomas Trevor Knight then and now one of the Barons of the Exchequer Sir George Vernon Knight late one of the Iustices of the said Court of Common Pleas Sir Robert Barkley Knight then and now one of the Iustices of the said Court of Kings Bench Sir Francis Crawly Knight then and now one of the Justices of the said Court of Common Pleas Sir Richard Weston Knight then and now one of the Barons of the said Court of Exchequer some or one of them to subscribe with their names the said opinion presently and enjoyned them severally some or one of them secresâ— upon their allegeance V. That he the fifth day of Iune then being Lord Chiefe Iustice of the said Court of Common Pleas subscribed an extrajudiciall opinion in answer to questions in a letter from his Majesty in haec verba c. And that he contrived the said questions and procured the said Letter from his Majesty and whereas the said Iustice Hutton and Iustice Crook declared to him their opinions to the contrary yet hee required and pressed them to subscribe upon his promise that hee would let his Majesty know the truth of their opinions notwithstanding such subscriptions which neverthelesse he did not make knowne to his Majestie but delivered the same to his Majesty as the opinion of all the Iudges VI. That hee being Lord Chiefe Iustice of the said Court of Common Pleas delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money that hee the said Master Hampdâ—n upon the matter and substance of the case was chargeable with the money then in question a Coppy of which proceedings the Commons will deliver to your Lordships and did solicite and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden and after the said Baron Denham had delivered his opinion for Master Hampden the said Lord Finch repaired purposely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet and after the said Master Baron Denham had declared and expressed his opinion urged him to retract the said opinion which hee refusing was threatned by the said Lord Finch because hee refused VII That hee then being Lord chiefe Justice of the Court of Common Pleas declared and published in the Exchequer Chamber and westerne circuit where he went Judge that the Kings right to Ship-money as aforesaid was so inherent a right to the Crowne as an Act of Parliament could not take it away and with divers malicious speeches inveighed against and threatned all such as refused to pay Ship-money all which opinions contained in the foure five sixth Articles are against the Law of the Realme the Subjects right of property and contrary to former resolutions in Parliament and to the petition of right which said resolutions and petition of right were well knowne to him and resolved and enacted in Parliament when he was Speaker of the Commons house of Parliament VIII That hee being Lord chiefe Justice of the Court of Common Pleas did take the generall practice of that Court to his private Chamber and that hee sent warrants into all or many shires of England to severall men as to Francis Giles of the County of Devon Rebert Renson of the County of Yorke Attorneys of that Court and to divers others to release all persons arrested on any utlawry about 40. shillings fees whereas none by Law so arrested can be bailed or released without Supersedeas under seale or reversall IX That hee being Lord Chiefe Iustice of the Court of Common pleas upon a pretended suit begun in Michaelmas Terme in the 11. yeare of his Majesties Reigne although there was no plaint or Declaration against him did notoriously and contrary to all Law and Iustice by threats menaces and imprisonment compell Thomas Laurence an Executor to pay 19 pound 12 shillings and likewise caused Richard Bernard being onely over-seer of the last Will of that Testator to bee arrested for the payment of the said Money contrary to the advice of the rest of the Iudges of that Court and against thâ— knâ—wne and ordinary course of Iustice and his said Oath and knowledge and denyed his Majesties Subjects the common and ordinary Iustice of this Realme as to Mr. Liâ—â—rick and others and for his private benefit endammaged and ruined the estates of very many of his Majesties Subjects contrary to his oath and knowledge X. That hee being Lord Keeper of the great Seale of England and sworne one of his Majesties Privie Counsell did by false and malicious slanders labour to incense his Majestie against Parliaments and did frame and advise the publishing the Declaration after the dissolution of the last Parliament All which Treasons and misdemeanors above mentioned were done and committed by the said Iohn Lord Finch Baron of Fordwich Lord Keeper of the great Seale of England and thereby he the aforesaid Finch hath trayterously and contrary to his allegiance laboured to lay Imputations and Scandalls upon his Majesties government and to alienate the hearts of his Majesties liege people from his Majestie and to set a division betweene them and to ruine and destroy his Majesties Realme of England for which they doe impeach him the said Lord Finch Baron of Fordwich Lord Keeper of the Great Seale of England of high Treason against our Soveraigne Lord the King his Crowne and Dignity of the misdemeanours above mentioned And the said Commons by Protestation saving to themselves the libertie of exhibiting at any time
studied Speech I come to speake my heart and to speake it clearely and plainely and then leave it to your clemencie and Justice and I hope if any thing shall slip from me to work contrary to my meaning or intention disorderly or ill placed you will be pleased to make a favourable construction and leave me the liberty of explanation if there shall be any but I hope there shall be no cause for it I hope for my affection in Religion no man doubteth me what my education what and under whom for many yeares is well knowne I lived neere 30 yeares in the Society of Grayes Inn and if one that was a reverend Preacher in my time Doctor Sibbs were now alive hee were able to give testimony to this House that when a party ill affected in Religion sought to weary him and tyer him out hee had his chiefest encouragement from me I have now Master Speaker been 15 yeares of the Kings Councell from the first houre to this minute no man is able to say that ever I was Author Advisor or Consentor to any project It pleased the King my gracious Master after I had served him divers yeares to preferre mee to two places to be chiefe Justice of the Common Pleas and then Keeper of his great Seale I say it in the presence of God I was so far from the thought of the one and from the ambition of the other that if my Master his grace and goodnesse had not been I had never enjoyed those Honours I cannot tell Master Speaker nor I doe not know what particulars there are that may draw me into your disfavour or ill opinion and therefore I shall come very weakly armed yet to those that either in my owne knowledge or by such knowledge as is given me and not from any in this House I shall speake somewhat that I hope being truth and accompanied with clearenesse and ingenuity will at last procure some allay of that ill opinion which may perhaps be conceived of me Master Speaker I had once the Honour to sit in the place that you doe from the first time I came thither to the unfortunate time I doe appeale to all that were here then if I served you not with candor Ill office I never did to any of the House good offices I have witnesses enough I did many I was so happy that upon an occasion which once happened I received an expression and testimony of the good affection of this House towards me For the last unhappy day I had a great share in the unhappinesse and sorrow of it I hope there are enough doe remember no man within the walls of this House did expresse more symptomes of sorrow griefe and distraction then I did After an adjournment for two or three dayes it pleased his Majestie to send for me to let me know that he could not so resolve of things as hee desired and therefore was desirous that there might be an adjournment for some few dayes more I protest I did not then discerne in his Majestie and I beleeve it was not in his thoughts to think of the dissolving of this Assembly but was pleased in the first place to give me a command to deliver his pleasure to the House for an adjournment for some few dayes till the Monday following as I remember and commanded me withall to deliver his pleasure that there should be no further speeches but forth with upon the delivery of the Message come and wait upon him hee likewise commanded me if questions were offered to be put upon my Alleageance I should not dare to doe it how much I did then in all humblenesse reason with his Majestie is not for me here to speake onely thus much let me say I was no Author of any counsell in it I was onely a person in receiving commission I speake not this as any thing I now produce or doe invent or take up for my owne excuse but that Which is knowne to divers and some Honourable persons in this house to be most true All that I will say for that is humbly to beseech you all to consider That if it had beene any mans cause as it was mine betweene the displeasure of a gracious King and the ill opinion of an Honourable Assembly I beseech you lay all together lay my first actions and behaviour with the last I shall submit to your Honourable and favourable constructions For the Shipping businesse my opinion of that cause hath layne heavy upon me I shall clearely and truly present unto you what every thing is with this protestation that if in reckoning up my owne opinion what I was of or what I delivered any thing of it be displeasing or coÌ„trary to the opinion of this House that I am farre from justifying of it but submit that and all other my actions to your wisedomes and goodnesse Master Speaker the first Writs that were sent out about Shipping businesse I had no more knowledge of it and was as ignorant as any one Member of this House or any man in the Kingdome I was never the Author nor Advisor of it and will boldly say from the first to this houre I did never advise nor counsell the setting forth of any Ship-writs in my life Master Speaker it is true that I was made chiefe Justice of the Common Pleas some foure dayes before the Ship-writs went out to the Ports and Maritine places as I doe remember the 20 of October 1634. they doe beare Teste and I was sworne Justice the 16 of October so as they went out in that time but without my knowledge or privity the God of heaven knowes this to be true Master Speaker afterwards his Majestie was pleased to command my Lord chiefe Justice of the Kings Bench that then was Sir Thomas Richardson and chiefe Baron of the Exchequer that now is and my selfe then chiefe Justice of the Common Pleas to take into consideration the Presidents then brought unto us which we did and after returned to his Majestie what we had found out of those Presidents It is true that afterwards his Majestie did take into consideration that if the whole Kingdome were concerned that it was not reason to lay the whole burthen upon the Cinque Ports and Maritine Townes Thereupon upon what ground his Majesty took that into his consideration I doe confesse I doe know nothing of it His Majesty did command my Lord chief Justice that now is my Lord chiefe Baron and my selfe to returne our opinions whether when the whole Kingdome is in danger and the Kingdome in generall is concerned it be not according to Law and reason that the whole Kingdome and his Majestie and all interessed therein should joyne in defending and preserving thereof This was in time about one 1634. In Michaelmas Terme following his Majesty commanded â—e to goe to all the Judges and require their opinions in particular He commanded mee to doe it to every one and to charge them upon their
bee bound together If this Treason had taken effect our Soules had been inthralled to the Spirituall Tyranny of Sathan our Consciences to the Ecclesiasticall Tyranny of the Pope our Lives our Persons and Estates to the Civill Tyranny of an arbitrary unlimited confused Government Treason in the least degree is an odious and a horrid Crime other Treasons are particular if a Fort bee betrayed or an Army or any other treasonable fact committed the Kingdome may out-live any of these this Treason would have dissolved the frame and beeing of the Common-wealth it is an Universall a Catholike Treason the venome and malignity of all other Treasons are abstracted digested sublimated into this The Law of this Kingdome makes the King to be the fountaine of Justice of Peace of Protection therefore we say the Kings Courts the Kings Judges the Kings Lawes The Royall Power and Majestie shines upon us in every publique blessing and benefit wee enjoy but the Author of this Treason would make him the fountaine of Injustice of Confusion of publike misery and calamitie The Gentiles by the light of Nature had some obscure apprehensions of the Deity of which they made this expression that hee was Deus optimus maximus an infinite goodnesse and an infinite greatnesse All soveraigne Princes have some Characters of Divinity imprinted on them they are set up in their dominions to bee Optimi Maximi that they should exercise a goodnesse proportionable to their greatnesse That Law terme Laesa Majestas whereby they expresse that which wee call Treason was never more thorowly fulfilled then now there cannot bee a greater laesion or diminution of Majestie then to bereave a King of the glory of his goodnesse It is goodnesse My Lords that can produce not onely to his people but likewise to himself honour and happiness There are Principalities Thrones and Dominions amongst the Divels greatness enough but being uncapable of goodness they are made uncapable both of honour and happinesse The Lawes of this Kingdome have invested the Royall Crowne with power sufficient for the manifestation of his goodness and of his greatness if more bee required it is like to have no other effects but povertie weaknesse and miserie whereof of late wee have had very wofull experience It is farre from the Commons to desire any abridgement of those great Prerogatives which belong to the King they know that their own Liberty Peace are preserved and secured by his Prerogative they will alwayes be ready to support and supply his Majesty with their lives and fortunes for the maintenance of his just and lawfull Power This My Mords is in all our thoughts in our prayers and I hope will so be manifested in our indeavours that if the proceedings of this Parliament bee not interrupted as others have beene the King may within a few moneths bee put into a cleare way of as much greatnesse plenty and glory as any of his Royall Ancestors have enjoyed A King and his People make one Body the inferiour parts conferre nourishment and strength the superiour sense and motion If there be an interruption of this necessary intercourse of bloud and spirits the whole Body must needs bee subject to decay and distemper therefore obstructions are first to bee removed before restoratives can be applyed This My Lords is the end of this Accusation whereby the Commons seeke to remove this person whom they conceive to have beene a great cause of the obstructions betwixt his Majesty and his People for the effecting whereof they have commanded mee to desire your Lordships that their proceedings against him may bee put into as speedy a way of dispatch as the courses of Parliaments will allow First that hee may bee called to answer and they may have liberty to reply that there may bee a quick and secret examination of witnesses and they may from time to time bee acquainted with the depositions that so when the cause shall bee ripe for Judgement they may collect the severall Examinations and represent to your Lordships in one entire Body the state of the Proofes as now by mee they have presented to you the state of the Charge Mr. PYM his SPEECH After the Articles of the Charge against Sr. GEORGE RATCLIFFE were read My LORDS BY hearing this Charge your Lordships may perceive what neere conjunction there is betweene this Cause and the Earle of STRAFFORDS the materials are for the most part the same in both the offences of the Earle moving from an higher Orb are more comprehensive they extend both to England and Ireland these except in one particular of reducing of England by the Irish Army are confined within one Kingdome the Earle is charged as an Authour Sir GEORGE RATCLIFFE as an Instrument and subordinate Actor The influences of superiour Planets are often augmented and inforced but seldome mitigated by the concurrence of the inferiour where merit doth arise not from well-doing but from ill the officiousnesse of ministers will rather adde to the malignity of their Instructions then diminish it that so they may more fully ingratiate themselves with those upon whom they depend In the crimes committed by the Earle there appears more haughtinesse and fiercenesse being acted by his owne principles those motions are ever strongest which are neerest the Primum mobile But in those of Sir GEORGE RATCLIFFE there seemes to be more basenesse and servility having resigned and subjected himselfe to bee acted by the corrupt will of onother The Earle of STRAFFORD hath not beene bred in the study and practice of the Law and having stronger lusts and passions to incite and lesse knowledge to restraine him might more easily be transported from the Rule Sir GEORGE RATCLIFFE in his naturall temper and disposition more moderate and by his education and profession better acquainted with the grounds and directions of the Law was carried into his offences by a more immediate Concurrence of will and a more corrupt suppression of his owne Reason and Judgement My Lords as both these have beene partners in offending so it is the desire of the Commons they may bee put under such tryall and examination and other proceedings of justice as may bring them to partake in a deserved punishment for the safety and good of both Kingdomes Mr SPEAKERS SPEECH At the presenting of these three BILLS viz. An Act For the shortning of Michaelmas Terme For the pressing of Mariners for the Kings Ships For the remainder of the six entire Subsidies May it please your most excellent Majesty THE great security of the Kingdome rests in the happy concurrence of the King and people in the unity of their hearts These joyned safety and plenty attends the Scepter but divided distraction and confusion as Bryers and Thorns overspreads and makes the Land barren No peace to the King No prosperity to the people The duties and affections of your subjects are most transparent most cleare in the cheerfull and most liberall contributions given to knit fast this union with
would come to nothing and this letter was read and presented unto us His Lordship represented N. H. that the Commissioners and all the Lords had engaged themselves faithfully and truly to declare to the Parliament the distresse of the Counties Hee declared that it was far from their Lordships purpose to move any supply of money from the House of Commons but to lay the cause before them and to leave it to their wisedome averring certainly that if some course were not taken the whole kingdome would be put into disorder Armies would not starve retiring was not yet as hee thought in the thoughts of the Scots Therefore they must plunder and destroy or advance into Yorkeshire and so into England to seeke subsistence the prevention whereof did highly import the King and kingdome His Lordship proposed another no lesse worthy of consideration to the whole kingdome But if the Scots Army were provided of a competency for the ease of those Counties it were very strange there should not an equall care be had for mainteining the Kings Army that stands before them He said the Scots Army was strong and powerfull and little other resistance against it but the impediments of an Army marching in winter But whether it were fit for a kingdome to bee trusted to accidents of Frosts with a people bred in Swedland and cold Countreys hee left to their discretion His Lordship confessed that the Scots had made great protestations and with great execrations averred that they had no intent to advance forward but returne when they shall have received satisfaction Yet their Lordships did not conceive that the kingdome should relye upon promises or protestations Many accidents might happen when a Nation come from a farre Countrey to a better should bee told the businesse they come about was just and their quarrell good who finding themselves in a fat pasture may pick quarrells which their Leaders if they should goe about to prevent them of the reward of their vertue and valour Upon these grounds his Lordship presented to the generall consideration the supply of his Majesties Army that it bee not disbanded which if it should come to passe Yorkeshire and other parts of England were left to the Scots discretion His Lordship said Hee durst not say the Scots would not come forward but that it was in their power if they would and therefore hee recommended this representation to the whole body of the kingdome to prevent furture dangers Hee concluded with a prayer to Almighty God to direct the hearts of all the kingdome and to give a blessing onely able to remove the great distractions so many and so grievous as under which since the Conquest this kingdome never laboured There were presented unto mee two papers more the one being Instructions from Newcastle to Sir Thomas Hope and others concerning the contribution the other an account of Arreers from the eleventh of September to the twentieth of November which were all read unto us nor doe I know how or to what use to imploy them Mr. RIGBYES SPEECH In answer to the LORD KEEPERS last SPEECH 1640. Master SPEAKER THough my Judgement prompts mee to fit still and be silent yet the duty I owe to my King my Countrey and my Conscience moves me to stand up and speake Master Speaker had not this Syren so sweet a tongue surely hee could never have effected so much mischiefe to this kingdome you know Sir optimorum putrefactio pessima the best things putrefied become the worst and as it is in the naturall so in the body politick and what 's to be done then Master Speaker wee all know ense recidendum est the sword Justice must strike nè sinceratruhatur Master Speaker it is not the voice non vox sed votum not the tongue but the heart and actions that are to be suspected for doth not our Saviour say it Shew mee thy faith by thy workes O Man Now Master Speaker hath not this kingdome seene seene say I nay felt and smarted under the cruelty of this mans Justice so malicious as to record it in every Court of Westminster as if hee had not beene contented with the enslaving of us all unlesse hee entailed it to all posterity Why shall I beleeve words now cum factum videam Shall we be so weake men as when wee have beene injured and abused will be gained againe with faire words and complements Or like little children when we have beene whipt and beaten bee pleased againe with sweet meats Oh no there be some birds in the Summer of Parliament will sing sweetly who in the Winter of Persecution will for their prey ravenously fly at all upon our goods nay seize upon our persons and hath it not beene with this man so with some in this assembly Master Speaker it hath beene objected unto us that in Judgement wee should thinke of mercy and Bee yee mercifull as your heavenly Father is mercifull now God almighty grant that we may be so and that our hearts and Judgements may be truly rectified to know truly what is mercy I say to know what is mercy for there is the point Master Speaker I have heard of foolish pitty foolish pitty doe we not all know the effects of it and I have met with this Epithete to mercy Crudelis misericordia and in some kind I thinke there may be a cruell mercy I am sure that the spirit of God said Be not pitifull in Judgement nay it saith Bee not pitifull of the poore in Judgement if not of the poore then a Latiori not of the rich there 's the Emphasis We see by the sett and solemne appointments of our Courts of Justice what provision the wisedome of our Ancestors hath made for the preservation honour and esteeme of Justice witnesse our frequent Termes Sessions and Assises and in what pompe and state the Judges in their Circuits by the Sheriffes Knights and Justices and all the Countrey are attended oft-times for the hanging of a poore thiefe for the stealing of a hog or a sheep nay in some Cases for the stealing of a penny and Justice too in terrorem and now shall not some of them be hanged that have rob'd us of all our propriety and sheered at once all our sheepe and all we have away and would have made us all indeed poore Bellizarasses to have begged for halfe-pennies when they would not have left us one penny that wee could have called our owne Let us therefore now Master Speaker not be so pitifull as that wee become remisse not so pitifull in Judgement as to have no Judgement but set the deplorable estate of Great Brittain now before our eyes and consider how our most gracious Soveraigne hath beene abused and both his Majesty and all his Subjects injured by these wicked Instruments for which my humble motion is that with these particulars wee become not so mercifull as to the generality the whole kingdome wee grow mercilesse Fiat Justitia Mr. VVALERS SPEECH
into the mouth of the Prophet to Abab to speak delusions to subvert the host of God The most vehement and trayterous encounter of Sathan is lively deci hered in the true example of Job where first I observe the dismologie he overthrowes not Jobs Magna Charta he dâ—sseizes him not of his inheritance nor dispossesses him of his Leases but only disrobes him of some part of his personall estate when he proceeds to infringe Jobs liberty he doth not pillorie him nor cut off his ears nor bore him through the tongue he only spots him with some ulcers here Sathan stains when these persons by their traiterous combinations envie the very bloud that runs unspilt in our veines and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the lives of the Subjects by their arbitrary Judicature I would not my Lords be understood to impute to the Judges and infallibilitie of error nor in impeaching these to traduce those whose candor and integrity shine with more admired lustre then their white furres who like trophees of virgin-justice stood fixt and unmov'd in the rapid torrent of the times while these like strawes and chips plai'd in the streams untill they are devolv'd in the Ocean of their deserved ruine No my Lords humanum est errare and the Law allowes Writs of Error and arrest of Judgement but where there is crassa ignorantia against their Oath against the Fundamentall Elementary and known Lawes of the Kingdome Nay my Lords where it is rather praemeditaâ—a malitia where there is an emulating policie who should raze and embessell the Records in the practique that are for the tender preservation of our liberties estates and lives seeking only to be glorious in a nationall destruction as if their safety were only involved in our ruine there I have command to pitty but not excuse them To kill a Judge quatenus a Judge is not Treason but to kill a Judge sitting in the place of Iudicature is Treason not for that the Law intends it out of any malice against the party but for the malice against the Law where then can an intensive or an extensive malice be exprest or implyed against the Law then the practicall dialect of these persons impeach't speaks with a known and crying accent The Benjamites slang stones with their left hands yet they would not misse a hairs breadth these extrajudiciall proceedings are slung with the left I meane they are sinistrious and imprint their blacke and blew marks more certaine and more fatall for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable body of Iudicature should swell up into such a vast and ulcerous dimension but why should I considering this excentrick motion of the body of the Law had his birth obscure resembling the tares that were sowed in the night time but here is the difference they were sowne by the enemy in the absence of the Master but these are sowne by the Grand-masters themselves purposely to overtop and choak the expected Harvest Innovations in Law and consequently in government creep in like heresies in Religion slily and slowly pleading it the end a sawcy and usurp't legitimacy by uncontrol'd prescription My Lords this is the first sitting and I have onely chalked out this deformed body of high Treason I have not drawn it at length least it might fright you from the further view thereof in conclusion it is the humble defire of the Commons that the parties impeached may be secured in their persons sequestred from this House from the Counsell Table and all places of Iudicature as being Civiliter mortui that they may put in their answers to the Articles ready now to be exhibited against them and that all such further proceedings may be secretly expedited as may be sutable to Iustice and the precedents of Parliaments so his Majesty may appeare in his triumphant goodnesse and indulgency to his people and his people may be ravisht in their dutifull and cheerefull obedience and loyalty to his Maiesty your Lordships may live in Records to Posterity as the instrumentall reformers of those corrupted times and that the Kingdome and Common-wealth may pay an amiable sacrifice in retribution and acknowledgement of his Maiesties multiplyed providence for our preservation herein Articles of the Knights Citizens and Burgesses in the Parliament assembled against Sir Ric Bolton Kt. Lord Chancellor of Ireland John Lord B. of Derry and Sir Gerard Lowther Kt. L. Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Kt. in maintenance of the accusation whereby they and every of them stand charged with high Treason FIrst that they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John L. Bishop of Derry Sir Ger. Lowther Kt. Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight intending the destruction of the Common-wealth of this Realm have trayterously confederated and conspired together to subvert the Fundamentall Laws and Government of this Kingdom and in pursuance thereof they and every of them have trayterously contrived introduced and exercised an arbitrary and tyrannicall Government against Law thorowout this Kingdom by the countenance and assistance of Thomas Earl of Strafford then chief Governour of this Kingdom II. That they and every of them the said Sir Richard Bolton Kt. L. Chancellor of Ireland John L. Bishop of Derry Sir Gerard Lowther Kt. L. chief Justice of the Common Pleas and Sir George Radcliffe Kt. have trayterously assumed to themselves and every one of them regall power over the goods persons lands and liberties of his Majesties Subjects in this Realm and likewise have maliciously perfidiously and trayterously given declared pronounced and published many false unjust and erroneous opinions Judgements Sentences and Decrees in extrajudiciall manner against Law and have perpetrated practised and done many other trayterous and unlawfull acts and things whereby as well divers mutinies seditions and rebellions have been raised as also many thousands of his Majesties liege people of this Kingdom have been ruined in their goods lands liberties and lives and many of them being of good quality and reputation have been utterly defamed by Pillory mutilation of members and other infamous punishments By means whereof his Majesty and the Kingdom have been deprived of their service in Juries and other publike imployments and the generall trade and traffique of this Island for the most part destroyed and his Majesty highly damnified in his customes and other revenues III. That they the said Sir Rich. Bolton John L.B. of Derry Sir Ger. Lowther K. and Sir G. Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other trayterous courses have laboured to subvert the rights of Parliament and the ancient course of Parliamentary proceedings all which
offences were contrived committed perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their oathes of the same at such times as the said Sir R. Bolton Kt. was Lord Chancellor of Ireland or chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord chief Justice of the said Court of Common Pleas and against their Oathes of the same and at such time as the said John L. Bishop of Derry was actuall Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their allegiance severall and respective oathes taken in that behalf IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn L. B. of Derry Sir Gerard Lowther Kt. L. chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the liberty of exhibiting at any time hereafter any accusation or impeachment against the said Sir Rich. Bolton Iohn L. Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their answers which they and every of them shall make to the said Articles or any of them and of offering proof also of the premisses or of any other impeachment or accusation as shall be by them exhibited as the case shall according to the course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerard Lowther Knight Lord chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Knight and every of them be put to answer to all and every of the premisses and that all such Proceedings Examinations Triall and Iudgement may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Sir Thomas Wentworths speech XXij d. Martij 1627. MAy this dayes resolution be as happy as I conceive the proposition which now moves me to rise is seasonable and necessary for whether we shall look upon the King or the people it did never more behove this great Physitian the Parliament to effect a true consent towards the parties then now This debate carryes with it a double aspect towards the Soveraign 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 judgements surely in the greatest humility I speak it these illegall waies are marks and punishments of indignation The raising of Leavies strengthned by Commission with unheard of instructions the billetting of Souldiers by Lievetenants without leave have been as if they could have perswaded Christian Princes nay Worlds the right of Empire had been to take a way by strong hand and they have endeavoured as far as was possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors They have extended the prerogative of the King beyond the just Center which was the sweet harmony of the whole They have rent from us the light of our eyes inforced a company of Guests worse than the Ordinaries of France vitiated our wives and daughters before our faces brought the Crown to greater want than ever it was by anticipating the Revenue and can the Shephard be thus smitten and the flock not scattered They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government imprisoning us without Bail or Bond. They have taken from us what shall I say indeed what have â—hey left us all mean of supplying the King and ingratiating our selves with him taking up the roots of all propriety which if it be not seasonably set into the ground by his Maiesties hand we shâ—ll have instead of beauty baldnesse To the making of them whole I shall apply my self and propound a remedy to all these diseases by one and the same thing hath the King and people been hurt and by the same must they be cured to vindicate what New things No. Our ancient sober vitall liberties by reinforcing of the ancient Lawes made by our Ancestors by setting such a Character upon them as no licentious spirit shall dare hereafter to enter upon them And shall we thinke this away to break a Parliament Nâ— Our desires are modest and iust I speak truly both for the interest of the King and People If we enjoy not those it will be impossible to relieve him Therefore let us never fear that they shall not be accepted by his goodnesse Wherefore I shall descend to my motions which conconsists of four parts two of which have relation to the persons two to the propriety of goods for the persons the freedome of them from imprisoning Secondly from employments abroad contrary to the ancient customes for our goods that no leavies may be made but in Parliament Secondly no billetting of Souldiers It is most necessary that these be resolved that the Subiects may be secured in both Then for the manner in the second place it will be fit to determine it by a Grand Committee Sir Thomas Wentworths Speech 21. of Aprill Anno 1628. Right wise Right worthy TOo many instigations importune the sequell of my words First the equitie of your proceedings Secondly the honesty of my request for I behold in all your intendments a singularity grounded upon discretion and goodnesse and your consultations steered as well by Charity as extremity of justice This order and method I say of your procedings together with the importunity offered of the Subject in hand have emboldned me to solicite an extension of the late granted protections in generall The lawfulnesse and honesty of the propositions depends upon these two particulars I. The present troubles of the parties protected having run themselves into a further and almost irrecoverable hazards by presuming upon and feeding themselves with the hopes of a long continuing Parliament II. Let the second be this consequence That that which is prejudiciall to most ought to minister matter of advantage to the rest sith then our interpellations and disturbances amongst our selves are displeasing almost to all if any benefit may be collected let it fall upon those for I think the breach of our Session can befriend none but such nor such neither but by means of the grant before hand And because it is probable that his Majesty may cause a Remeeting
Ego Rex meus Or if there shall be sound any cruell Bonners c. such I confesse I would not spare for they will spare none But in the counterballance if there may be found but one good Cranmer or one good Latimer or Ridley I would esteeme and prize them as such jewels to be set in the Kings own Cabinet for such I am sure will pray for the peace of Jerusalem and for the peace of King Charles and his three Kingdomes which God long preserve in concord and unity But Master Speaker we must also be Actors in the preservations of Religions concordance which wil never be safe nor well at quiet untill these heavy drossie Canons with all their base mettall be melted and dissolved let us then dismount them and destroy them which is my humble motion A SECOND SPEECH made by Sir John Wray in the Commons-House 24. November 1640. Mr. Speaker BY the report made from the Committee of Religion you may see to what exorbitant height Poperie is growne and yet how slowly we go on to suppresse it I feare God is displeased with us or else no disaster should have prevented the sealing of our Covenant when intended and I hope it shall be performed the next Sabbath Had our Fast beene accepted and our Humiliation Cordiall no blow should have distracted our preparation Master Speaker if we had taken the good Counsell of our Teachers at the Fast and beleeved their Report we had done well and by this time no doubt we might have found out Achan with his Wedge of Godl and Babilonish garment But we have spent our time onely in peeling of the Barke and snatching the boughes and branches of Poperie and that will doe us no good for they will prove and grow thicker and harder What must we do then Master Speaker to preserve our Religion safe and sound to us and to our Posterity that our Candlesticke be not removed The only way is to fall to our worke in earnest and lay the Axe to the Root to unloose the long and deepe fangs of Poperie and Superstition which being once done the bodie will soone fall downe Let us then Master Speaker endeavour a through Reformation for if it be imperfect it will prove the seed of dissolution if not dissolutions which God forbid and to prevent it I shall humbly move that the Groves and High-places of Idolatry may be removed and put down and then Gods wrath will be appeased and till then never Mr. GRIMSTONS SPEECH In the House of Commons IN PARLIAMENT CONCERNING EPISCOPACY In Feb. 1640. Mr. Speaker THese two honorable Lords Lord Digby Lord Faulkland that spake last have not only prevented me in much I intended to have spoken my self but they have likewise taught me much I knew not before Therefore it is not much you can expect from me All that I shall say at this time is rather to prepare the matter for the question which hath already been so learnedly debated by them than to speak any thing of the matter it self I must confesse when I look upon the Bishops or at least upon some of them and the way of their Government and the sufferings of the people under their Tyranny I wonder not at all at the multitude of Petitioners and Petitions that have this Parliament been preferred against them and that they all cry out Crucifie Crucifie or that they would have been up by the roots but it is necessary we should distinguish between the persons of the Bishops which are so obnoxious and their Functions and Offices for there is no more weight in the Argument that because the Bishops have done amisse therefore take away Episcopacy than there is in it because the Judges of the Common Law are in fault therefore take away Judges and take away the Common Law For my own part I conceive it an easier matter and safer for us Addere Inventis to reform what is amisse in them and their Government then Creare Novum to set up a new form of Goverment which we have had no experience of nor do we know how it should suit either with the humours of the people or with the Monarchiall Government And it may be the new Government which is so much desired if it be brought in upon the grounds and foundations that some would have it it will be out of our powers ever to minister it again Whereas on the other side the Government which is already established if the Governours exceed their bounds they may fall into a Premunire and other penalties which the Law hath provided in that Case and if that be not sufficient we have yet another hanck upon them for our Parliaments have continually a command over them Then Sir It may be demanded of me of their being so much amisse what is that I would have done Truely Sir I am of opinion that much must be done or else we had as good do nothing Therefore I come to the particulars Church Government may be compared to a Castle let a Castle be never so strong once in four-score yeers for so long it is since the first reformation it may need repair and it is not the Castle alone I mean the Government that needs repair but likewise the Governours themselves who most wickedly and trayterously have turned their Canons upon us which should have been used for our defence In the first place therefore I conceive it not onely convenient but of absolute necessity and the payring of their excrescences I mean their temporall Jurisdiction I must confesse I know not to what purpose they should sit upon our Benches at our Sessions of the Peace and Goal-Deliveries or in the Starre-Chamber for by wofull experience we finde that their Judgements are guided there more by their boundlesse wills and fiery transported passions than by reason and the rule of Law which ought to have been their director I conceive that of lesse use their sitting at the Councell boord to be there at the Helm to guide and steer the temporall affairs of the Common-wealth certainly that is not the Plough they ought to follow and by the neglecting of it that is the reason that so many briers brambles and stinking weeds are sprung up in Gods House the Church to the great destruction of all his Majesties Kingdoms here at home and the great wonder and amazement of all the reformed Churches abroad And I conceive it of the least use of all their sitting in Parliaments as powers to give their voices in the making of Laws and yet I would not utterly exclude them For I conceive it might be convenient that all or at least some of them might alway be present there as Assistants to give their advice in Spirituall matters when they are thereunto required by the Lords as the Justices do in Temporall In the next place I conceive it of as absolute necessity the robbing of the Jurisdiction of the high Commission Court or at least to limit and bound
more to offer unto you But this one compriseth many It is a neast of waspes or swarm of vermine which have over-crept the land I mean the Monopoles and Polers of the people These like the Frogs of Aegypt have gotten possession of our dwellings and have scarce a room free from them They sup in our Cup they dip in our Dish they sit by our fire we finde them in the Dy fat wash-boule and Poudering tub they share with the Butler in his box they have marked and sealed us from head to foot Mr. Speaker they will not bate us a Pin we may not buy our own Cloathes without their brokage These are the Leeches that have suckt the Common wealth so hard that it is almost become hecticall And Mr. Speaker some of these are ashamed of their right names they have a vizard to hide the brand made by that good law in the last Parliament of King James They shelter themselves under the name of a Corporation they make by-laws which serve their turns to squeese us and fill their purses unface these and they will prove as bad Cards as any in the pack These are not petty Chapmen but wholesale men Mr. Speaker I have ecchoed to you the cryes of the kingdome I will tell you their hopes they look to Heaven for a blessing upon this Parliament they hang upon his Majesties exemplary piety and great justice which renders his eares open to the just complaints of his Subjects we have had lately a gratious assurance of it they are the wise conduct of this whereby the other great affaires of the Kingdome and this our grievance of no lesse import And this may go hand in hand in preparation and resolution Then by the blessing of God we shall return home with an Olive branch in our mouths and full confirmations of the priviledges which we received from our Ancestors and ow to our posterity which every freeborn English man hath received with the aire he breathed in These are our hopes These are our prayers Mr. BAGSHAW his speech in Parliament 7 die Novemb. 1640. Mr Speaker I Had rather Act then speak in those weighty businesses of the Kingdome which have been so excellently handled by these foure worthy Gentlemen that spake last and therefore I shall be short For when I look upon the Body of this goodly and flourishing Kingdom in matters of Religion and of our laws For like Hippocrates Twins they live and dye together I say when I behold these in that state and plight as they have been represented to us Flere magis libet quam dicere But this is our comfort Mr. Speaker that we are all met together for the welfare and happinesse of Prince and People And who knows whether this may not be the appointed time wherein God will restore our Religion as at the first and our laws as at the beginning The honour of a King consisteth in the weale of his people this undoubted maxime his Majesty hath made good by his late gracious speech and promise to us to redresse all our grievances to destroy the enemies of our Peace and plenty To make a people rich they must have ease justice Ease in their Consciences from the bane of Superstition from the intolerable burthen of innovation in Religion and from the racks and tortures of strange and new fangled Oaths They must be eased in their persons being liberi homines and not Vilanes All illegall arrests and imprisonment against Magna Charta being our greatest liberties They must be eased in their lands from Forrest where never any Deer fed from depopulations where never any Farm was decayed and from inclosures where never any hedges were set But must lastly be eased in their goods from their exactions and expilations of Pursevants and Apparitors of Projectors and Monopolists Humanarum Calamitatum mercatores as an ancient finely calls them and if the people have all these easements yet if they have not Justice they cannot subsist justice is to the Civill body as food to the naturall If the streams of Justice be by unrighteousnesse turned into Gall and Wormword or by cruelty like the Aegyptian waters be turned into blood those which drink of these brooks must needs dy and perish The Law saith that all Justice is in the King who is stiled in our book Fons Justitiae and he commits it to his Judges for the execution wherein he trusts them with two of the chiefest flowers which belong to his crown The administration of his justice and the exposition of his laws but he will not trust them without an Oath required of them by the Statute of 18 E. 31. Which is so strict and severe that it made a Judge whom I know though honest and strict yet to quake and tremble at the very mention of it The effect of the Oath is that they should doe equall law and execution of right to all the Kings Subjects poore aswell as rich without regard of any person That they should not deny to doe common right to any man by the Kings letters and for any other cause And in case such letters do that they proceed to do come the law notwithstanding such letters or for any other causes as they will answer to the King in bodies goods and lands how this Oath hath been performed we have seen and felt I need say no more But when I cast mine eyes upon the inferiour Courts of Justice wherein no such oath is required I meane the High Commission and other Ecclesiasticall Courts my soule hath bled for the wrong pressures which I have observed to have been done and committed in these Courts against the Kings good people especially for the most monstrous abuse of the Oath Ex Officio which as it is now used I can call no other than Carnificina Conscientiae I have some reason to know this that have been an Attendant to the Court these five yeeres for my selfe and a deare friend of mine sometimes Knight of our Shire for a meer triviall businesse that the most that could be proved against him was the putting on his hat in the time of Sermon Of which Court I shall say more and make good what I say when those ulcers come to be opened Mr. Speaker I say these foure worthies that spake before me have told you of our miseries but I cannot tell you of the remedies For things are come to that height that I may say as Livy sayd of the Roman state in his time Nec Vitia nostra scire possumus neâ— Remedia for no Laws will now doe us good Better Laws could not have been made then the Stat. of Monopolies against Projectors and the Petition of right against the infringers of liberties and yet as if the Law had bin the Author of them there hath been within these few years more Monopolies and infringment of liberties than hath been in any age since the Conquest and if all those vile Harlets as Queen Elizabeth
of many a 14th in the silver and a 25th part in all the gold they after shall receive so shall the Nobilitie Gentry and all other landed men in all their former setled Rents Annuities Pensions and sums of money the like will fall upon the labourers and workemen in their statute wages And as their receipts are lessened hereby so are their issues increased either by improving all prices or disfurnishing the Market which must necessarily follow for in the 5th of Edw. 6th 3º Mary 4 to Eliz. as appeareth by their Proclamations That a Rumour only of alteration caused such effects punishing the author of such reports with Imprisonment and Pillory It cannot be doubted but the proiecting of such a change must be of far greater consequence and danger to the State and would be wished that the Actors and authors of such disturbances in the Common-wealth at all times hereafter might undergo a punishment proportionable It cannot be held I presume an advise of best iudgement that layeth the losse upon our selves and the gain upon our enemies for who are like to be in this the greatest thrivers is not visible that the strangers who support or money for bullion our own Gold-smiths who are their Brokers and the Hedgminters of the Netherlands who tearmed them well will have a fresh and full trade by this abasements And we do not the Spanish King our greatest enemy a greater favour than by his who being Lord of these commodities by his West-Indies we shall so advance them to our impoverishment for it is not in the power of any State to raise of the price of their own but the value that their neighbours set upon them experience hath taught us that the enfoebling of Coyn is but a shift for a while as drinke to one in a dropsie to make him swell the more but the state was never thorowly cured as we saw in Henry the Eighths time and the late Queens untill the Coyn was made rich again I cannot but then conclude my honorable Lords that if the proportion of Gold and Silver to each other be wrought to that purity by the advice of the Artists that neither may be too rich for the other that the Mintage may be reduced to some proportion of neighbour parts and that the issue of native commodities may be brought to over-ballance the entrance of the forraigne we need not seek any shift but shall again see our trade to flourish the Mint as the pulse of the Common-wealth again to bear and our Materialls by Industry to be Mynes of Gold and Silver which we all wish and work for supported unto us and the honor of Justice and Profit of his Maiesty Certain general Rules collected concerning Money and Bullion out of the late Consultation at Court GOld and silver hath a two fold estimation in the extrinsique as they are moneys and Princes measures given to his people and this is a Prerogative of Kings in the Intrinsique they are commodities valewing each other according to the plenty or scarcity and so all other commodities by them and that is the sole power of Trade The measure in a Kingdome ought to be constant It is the Justice and honor of the King for if they be altered all men at that time are deceived in the precedent contracts either for lands or moneys and the King most of all for no man knoweth either what he hath or what he oweth This made the Lord Treasurer Burleigh in Anno 1573. when some Projectors had set on foot a matter of that nature to tell them that they were worthy to suffer death for attempting to put so great a dishonor upon the Queen and detriment and discontent on the people for to alter this publike measure is to leave all the Markets of the Kingdome unfurnished and what will be the mischiefe the Proclamation of 5. and 6. 3o. Mary and 4th of Eliz. will manifest when but a rumor produced that effect so farre that besides the faith of the Princes to the contrary delivered in their Edicts they were inforced to cause the Magistrates in every Shire respectively to constrain the people to furnish the Market to prevent a mutiny To thinke then this measure at this time short is to raise all prices or to turn the measure or money now current into disuse and Bullion for who will depart with any when it is by seven more in the hundred in the masse then the now moneys and yet of no more value in the Market Hence the necessitie of it will follow that there will not of a long time be Minted of the new to drive the exchange of the Kingdome and so all trade at one instance at a stand and in meane time the Markets unfurnished and thus far as money is a measure Now as it is a commoditie it is respected and valued by the intrinsique qualitie and first the one mettall to the other All commodities are priced by plenty or scarcity by dearenesse or cheapnesse the one to the other If then we desire our silver to buy gold as it hath lately been we must let it it be the cheaper and lesse in proportion valued and so contrary for one equivalent proportion in both will bring in neither we see the profit there of the unusuall quantitie of gold brought lately to the Mint by reason of the price we rate it at above all other Countries and gold may be bought too dear to furnish then this way the Mint with both is impossible And at this time it was apparantly proved both by the best Artists and marchants most acquainted with the Exchange in both the examples of the Mint-masters in the Rix-dolor and Royall of Eight that silver here is of equall valew and gold above with forreine parts in the intrinsique but that the fallacie presented to the Lords by the Mint-masters is only in the nomination of extrinsique qualitie But if we desire both it is not the raysing the valew that doth it but the balancing the Trade for we buy more then we sell of all other commodities be the money never so high priced we must part with it to make the disproportion even if we sell more then the contrary will follow And this is plain in Spanish necessities for should that King advance to a double his Royall of Eight yet needing it by reason of the barrennesse of his Country more of forreign wares then can countervaile by exchange with his wares he must then part with his money and gain the more by enhaunsing his coyn but he payeth a higher price for the commodities he buyeth if this work of raysing be his own But if we shall make improvement of gold and silver being the Staple-commodities of this Kingdome we then advancing the the price of his abase to him our own commodities To shape this kingdome to the fashion of the Netherlands were to frame a Royall Monarchie by a society of Marchants their Country is a continuall Faire and so
gentler and kinder to us then the Law speciall provision is made no fine no punishment shall be lesse then by the law is appointed by no means but as much greater as your discretion shall think sit and indeed in this improvement we find Arbitrary Courts are very pregnant if the Law require my good behaviour this discretion makes me close Prisoner if the Law sets me upon the Pillory this discretion appoints me to leave my cares there But this proceeding according to discretion is no new expression 't was in the first Commission I told your Lordships of in the 31. Hen. 8. that they should proceed secundum legem consuetudinem Regni Angliae vel aliter secundum sanos discretiones vestras which in the interpretation of the Law and that is the best interpretation signifies the same thing to proceed according to discretion is to proceed according to Law which is summa discretio but not according to their private conceit or affection For talis discretio saies the law discretionem confundit and such a confusion hath this discretion in these Instructions produced as if discretion were onely removed from rage and fury no inconvenience no mischiefe no disgrace that the malice or insolence or curiosity of these Commissioners had a minde to bring upon that people but through the latitude and power of this discretion the poore people have felt this discretion hath been the quickesand which hath swallowed up their property their liberty I beseech your Lordships rescue them from this discretion Besides the charge that this Court is to his Majesty which is neer 1300. l. per annum your Lorâ—ships will easily guesse what an unsupportable burthen the many officers whose places are of great value the Atturnies Clarks Registers and above 1000. Sollicitors that attend the Courts must be to that people insomuch that in truth the Country seems to be divided into officers and dependants upon that Court And the people upon whom these officers of that Court prey and commit rapines as he said in Petronius Omnes hic aut captantur aut captant aut cadavere quae laterentur aut corni quae laterunt Truly my Lords these vexed worn-people of the North are not sutors to your Lordships to regulate this Court or to reform the judges of it but for extirpating these Judges and the utter abolishing this Court they are of Catoes minde who would not submit to Caesar for his life saying he would not be beholding to a Tyrant for injustice for it was injustice in him to take upon him to save a mans life over whom he had no power So these Gentlemen desire not to be beholding to this Court hereafter for injustice The very administration of injustice founded upon such illegall principles being a grievance and oppression to the subject First upon the whol matter the House of Commons is of opinion that the Commission and Instructions whereby the President and Councell of the North exercise a Jurisdiction is illegall both in the creation and execution Secondly that it is improfitable to his Majesty for besides so much neer thirteen hundred pound taken out of his Majesties revenues every year his Majesty loseth the great benefit would accrew to him upon writs and upon Fines upon Out-laws and other profits which redound to his Majesty out of his Court here And which I had almost forgot to tell your Lordships of that his Majesty may be sure to have benefit from that Court notable care is taken by the fiftty three Instructions And if any money remaines over and above all disbursements it shall be bestowed in providing Houshold-stuffe and furniture for the house where the Lord President and Councell use to be And lastly that it is inconvenient and grievous to His Majesties subjects of those parts And therefore they are humble Sutors to your Lordships and the house of Commons on this behalfe that since this people doe and have in all matters of duty and affection contend with the best of His Majesties subjects that they may not be distinguished from them in the manner of His Majesties Justice and protection since this Court originally instituted continued by his Majesty for the ease and benefit of his subjects is apparently inverted to the burthen and discomfort of them that your Lordships will joyn with the House of Commons in beseeching His Majesty that the present Commission may be revoked and no more such granted for the future A Speech of Master John White Counsellour concerning Episcopacy EPiscopacy as it stands in this kingdom comprehends in it in linea recta these foure degrees the Deacon the Presbyter the Bishop and the Archbishop Every Archbishop wades through every of these ordinarily Of the first and last we have no vestigium in the holy scriptures This Deacon may Preach and Baptize help the Presbyter to administer the Lords Supper Book of ordering of Deacons but may not consecrate the Elements in the Lords Supper contrary to the Scriptures by which Preach and Baptize is a full Commission for the exercise of all the ministeriall function Mat. 28.19 The Deacon mentioned in holy Scripture is the same in Office with our Church-warden to looke to the Church goods and the poore Acts 6. 1 Tim. 3. The Presbyter is of all hands acknowledged to be Jure Divino The Bishop is considerable in respect of his trayn and secondly in respect of himself His trayn are these first the Dean and Chapter called Prebends quia praeherent auxilium Episcopo and were originally ordained for his Counsell to advise him in difficulties in Religion and to advise him in and consent unto his dispositions of his possessions Cok. r. 3. Dean and Chapter of Norwiches case Secondly the Archdeacon is the oculus Episcopi to discover and punish offences spirituall and Ecclesiasticall within his limits manus Episcopi to present unto him such as are to be made Deacons and Presbyters and to induct such as he admits and institutes into Benefices Thirdly his Chancellors Vicars Generall Commissaries Officials Surrogates Registers Promotors and others belonging to his Cathedrals These be all meerly humane and may be taken away without offence to God or conscience if there appeare just cause for it The Bishop in respect of himselfe is considerable in his Barony and temporalties and his spiritualties The first is meerly Exgratia Regis and in this kingdome began 4. of William the Conquerour Case of tenures 35. a. And by vertue hereof they have had place in the house of Peers in Parliament 7. H. 8.1846 Kel it is resolved by all the Judges of England that the King may hold his Parliament by himselfe his temporall Lords and Commons without any Bishop for a Bishop hath not any place in Parliament by reason of his spiritualties but meerly by reason of his Baronry and accordingly acts of Parliament have been made 2 Rich. 3. cap. 3. and at divers other times They have usurped the name of Spirituall Lords
for its owne defence against those be they Peeres or people that have abused it If we examine the Law well it will tell us what hath beene the reward of such ambitious men as have Monopolized and abused the Kings Authoritie what have beene the punishment of such as have betrayed the well meaning Subject to the Kings displeasure and his Princes Councell to his enemies what doe they deserve who have raised mountaines of Monopolies heapes of impositions oceans of grievances what have been the punishment of such as have belied Justice and their conscience and have made truth and honesty our of fashion And lastly If no penaltie be found for these sure there is some for such as have so disguised Religion in fantasticke dresses that Heaven andearth cannot be but angrie to see it and in their politique pride have beene so long moulding a new State and a new old Church for their owne advantage till they have by their too much order put all out of frame and made us objects of pitie and themselves of hate What if for these innovations we innovate an examplary punishment These are the ground-works of our miseries and surely Mr. Speaker there are too many of all these sorts which like envious clouds hinders us from â—he gracious shine our Sun intends us therefore for his great r lustre and our more assured comfort let us endeavour to remove these interposers that he may more freely see into his peoples bosomes and reade in their hearts firme characters of loyaltie and glad obedience which the practices of these later times have endeavoured to obliterate but in vaine I shall not dare to borrow one minute of you more but I shall alreadie end though I have just now begun If we consider the just extent of our grievances the deep search of which wound I leave to you better abilities and I beseech you think not that I sigh out these complaints undertaking to instruct the grave Councell of this great Assembly my infant advice presumes not to reach so high It is but to let you see how much the slightest parts of this abused Common-wealth is not only made sensible of our wrongs but what we feele is farre exceeded by the numberlesse number of our just feares which should have before this time utterly distracted us had not our great Phisition now at length applied his soveraigne remedie to keep up our fainting hopes by which we must either stand or fall Master Pyms Speech in PARLIAMENT 1640. THe distempers of this Kingdome are well knowne they need not repetition For though we have good Lawes yet they want their execution or if they are executed it is in a wrong sence I shall endeavour to apply a remedie to the breaches that are made and to that end I shall discover first the qualitie of the disease First There is a designe to alter Law and Religion the parties that effect this are Papists who are obliged by a maxime in their doctrine that they are not onely bound to maintaine their Religion but also to extirpate all others The second is their Hierarchie which cannot amount to the height they ayme at without a breach of our Law To which their Religion necessarily ioynes that if the one stands the other must fall Thirdly Agents and Pensioners to forraigne States who see we cannot comply to them if we maintaine our Religion established which is contrary to theirs here they intend chiefly the Spanish white gold works which are of most effect Fourthly Favourites such as for promotion prize not conscience and such are our Judges spirituall and temporall such are also some of our Councellors of State All these though severed yet in their contrivements they ayme at one end and to this they walke on four feet First discountenancing of Preachers and vertuous men they persecute under the law of purity Secondly Countenancing of Preachers of contrary dispositions Thirdly The negotiating with the faction of Rome by Preaching and to instructions to Preach of the absolute Monarchie of Kings Here follow severall Heads First The politicall interpretation of the Law to serve their turnes and thus to impose taxes with a colour of Law a Judge sayd it when a babe is corpus was payd for Secondly By keeping the King in continuall want that he may seeke to their counsells for r liefe to this purpose to keepe the Parliaments in distaste that their counsells may be taken The King by them is brought to this as a woman that used her selfe to poyson could not live with good meate Search the Chronicles and we see no King that ever used Parliaments was brought to this want Thirdly Arbitrary proceedings in Courts of Justice we have all Law left to the conscience of a single man All Courts are now Courts of conscience without conscience Fourthly Plotters to inforce a war between Scotland and us that when we had well wearied one another we might be both brought to what scorn they pleased The pertition wall is only unity Fiftly The suddaine dissolving of Parliaments and punishing of Parliament men all to affright us from speaking what we thinke One was committed for not delivering up the Petitions of the House then a declaration which slandered our Proceedings as full of lyes as leaves who would have the first ground to be our example And Papists are under appearance to the King his best Subjects for they contibute money to the War which the Protestants will not do Sixthly Another is Military by getting places of importance into the Papists hands as who are Commanders in the last Armie but they none more strong in Armes then they to whom their Armour is delivered contrary to the Statute Their endeavour is to bring in strangers to be Billited upon us we have had no accompt of the Spanish Navie and now our fear is from Ireland Lastly The next is Papisticall that proceeds of Agents here in London by whose desires many Monasteries and Nunneries here in London were erected Sir Thomas Baringtons Speech in Parliament 1640. My Lords WE have of late entred into consideration of the Petition of Right and the relation of it and upon good reason for it concernes our goods liberties and lives But there is a Right of higher nature that preserved for us farre greater things eternall life our soules yea our God himselfe a Religion derived to us from the King of Kings conferred to us by the Kings of this Kingdome enacted by Lawes in this place treading downe to us in the bloud of the Martyes and witnessed from Heaven by miracles even miraculous deliverances And this Right in the name of this Nation I this day require and claime that there may be a deepe and serious consideration of the relations of it I desire first that it may be considered what new paintings are layd on the old face of the Whore of Babylon to make the more lovely and to draw so many Suitors to her I desire that it may be considered how the Sea
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