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
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
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
conclusion of my argument submit to the judgement of this House I never delivered my opinion that mony ought to be raised but Ships provided for the defence of this Kingdome and in that the Writ was performed And that the charge ought not to be in any case but where the whole Kingdome was in danger And Master Justice Hutton and Master Iustice Crooke were of the same opinion with me I doe humbly submit having related unto you my whole carriage in this businesse humbly submitting my selfe to your grave and favourable censures beseeching you not to think that I delivered these things with the least intention to subvert or subject the common Law of the Kingdome or to bring in or to introduce any new way of government it hath bin farre from my thoughts as any thing under the heavens Master Speaker I have heard too that there hath bin some ill opinion conceived of me about Forrest businesse which was a thing farre out of the way of my study as any thing I know towards the Law But it pleased his Majesty in the sicknesse of Master Noy to give some short warning to prepare my selfe for that imployment When I came there I did both the King and Common-wealth acceptable service for I did and dare be bold to say with extreame danger to my selfe and fortune some doe understand my meaning herein run through that businesse and left the Forrest as much as was there A thing in my judgement considerable for the advantage of the Common-wealth as could be undertaken When I went downe about that imployment I satisfied my selfe about the matter of perambulation There were great difficulties of opinions what perambulation was I did arme my selfe as well as I could before I did any thing in it I did acquaint those that were then Iudges in the presence of the noble Lords with such objections as I thought it my duty to offer unto them If they thought they were not objections of such waight as were fit to stirre them I would not doe the King that disservice They thought the objections had such answers as might well induce the like upon a conference with the whole Country admitting mee to come and conferre with them the Country did unanimously subscribe It fell out afterwards that the King commanded me and all this before I was chiefe Iustice to goe into Essex and did then tell me he had beene enformed that the bounds of the Forrest were narrower then in truth they ought to be and I did according to his command I will here professe that which is knowne to many I had no thought or intention of enlarging the bounds of the Forrest further then H. and that part about it for which there was a perambulation about 26 Edward 4. I desired the Country to confer with me about it if they were pleased to doe it and then according to my duty I did produce those Records which I thought fit for his Majesties service leaving them to discharge themselves as by Law and Justice they might doe I did never in the least kind goe about to overthrow the charter of the Forrest And did publish and maintaine Charta de Foresta as a sacred thing and no man to violate it and ought to be preserved for the King and Common-wealth I doe in this humbly submit and what I have done to the goodnesse and Justice of this House FINIS Mr. Herbotle Grimstones second Speech in Parliament the 18. of December 1640. Master Speaker THere hath been presented to the house a most faithfull and exact report of the conference wee had with the Lords yesterday together with the opinion of the Committees that we imployed in the service that they conceaved it fit that the Archbishop of Canterbury should be sequestred and I must second the motion And with the favour of this House I shall be bold to offer my reasons why I conceive it more necessary wee should proceed a little further then the desire of a bare sequestration onely Master Speaker long Introductions are not suitable to waâ—ghty businesses wee are now fallen upon the great man the Archbishop of Canterbury looke upon him as hee is in highnesse and he is the Stye of all pestilentiall filth that hath infected the State and Government of this Common wealth Looke upon him in his dependances and he is the man the onely man that hath raised and advanced all those that together with himselfe have beene the Authors and Causers of all our ruines miseries and calamities wee row groane under Who is it but he only that hath brought the Earle of Strafford to all his great places and imployments a fit spirit and instrument to act and execute all his wicked and bloudy Designes in these Kingdomes Who is it but hee onely that brought in Secretary Windibank into this place of service of trust the very Broker and Pander to the Whore of Babylon Who is it Master Speaker but hee onely that hath advanced all our Popish Bishops I shall name but some of them Bishop Manering the Bishop of Bath and Wells the Bishop of Oxford and Bishop Wren the least of all these birds but one of the most uncleane ones These are the men that should have fed Christs Flock but they are the Wolfes that have devoured them the Sheepe should have fed upon the Mountaines but the Mountaines have eaten up the Sheepe It was the happinesse of our Church when the Zeale of Gods house eat up the Bishops glorious and brave Martyrs that went to the Stake in defence of the Protestant Religion but the Zeale of the Bishops hath beene onely to persecute and eat up the Church Who is it Master Speaker but this great Archbishop of Canterbury that hath sitten at the helme to steere and to mannage all the projects that have beene set on foot in this Kingdome this tenne yeares last past and rather then hee would stand out he hath most unworthily trucked and chafered in the meanest of them as for instance that of Tobacco wherein thousands of poore people have beene stripped and turned out of their Trades for which they have served as Apprentizes wee all know he was the Compounder and Contracter with them for the Licences putting them to pay Fines and a fee Farme rent to use their Trade certainly Master Speaker hee might have spent his time much better and more for his Grace in the Pulpit then thus sherking and raking in the Tobacco-shops Master Speaker we all know what he hath been charged withall here in this house crimes of a dangerous consequence and of a transcendent nature no lesse then the subversion of the Government of this Kingdome and the alteration of the Protestant Religion and this is not upon bare information onely but much of it is come before us already upon cleare and minifest proofes and there is scarce any grievance or complaint come before us in this Place wherein we do not find him intermentioned and as it were twisted into
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
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-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
of their own harvest But now the poor mans Plough goes to surrow the Seas to build Ships we labour not for our selves but to feed the excressions of Nature things grown up out of the ruines of the naturall members Monopolists Sir these are Maxima vitalia Religion Iustice property The Heart the Head the Liver of this great body and these distempered or obstructed can the subordinate parts be free No sir the truth is all is so farre out of frame that to lay open every particular grievance were to drive us into despair of cure In so great confusion where to begin first requires not much lesse care than what to apply Mr. Speaker I know 't is a plausible motion to begin with setting Gods House in order first who presses that moves with such advantage that he is sure no man will gain-say him 'T is a welbecoming zeal to prefer Religion before our own affairs and indeed 't is a duty not to be omitted where they are in equall danger But in cure of the body politique or naturall we must prefer the most pressing exigents Physitians know that Consumptions Dropsies and such like lingering diseases are more mortall more difficult to cure then slight externall wounds yet if the least Vein be cut they must neglect their greater cures to stop that which if neglected must needs exhaust the stock of nature and produce a dissolution of the whole man A Defection from the duties of our Religion is a Consumption to any State no foundation is firm that is not laid in Christ The Deniall of Iustice the abridgement of our liberties is such an obstruction as renders the Common-wealth Leprous but the wounds in our property lets out the life-blood of the people The Reformation of Church-Government must necessarily be a work of much time and God be thanked the disease is not desperate We serve one God we believe in one Christ and we all acknowledge and professe one Gospel The difference is onely de modo we vary but in Ceremonies to reduce which to the Primitive Practice must be a work of great debate is not a work for us alone to settle The stop of Iustice can yet injure but particulars 'T is true there may be many too many instances of strange oppressions great oppressors but 't will be hard to judge the Conclusion Et sic de caeteris But take from us the propriety of our estates our subsistence we are no more a people This is that veyn which hath bin so deep cut so farre exhaust that to preserve our being we must doubtlesse stop this current Then settle Rules to live by when we are sure to live Mr. Speaker he that well weighes this little word Property or propriety in our estates will finde it of a large extent The Leeches that have suckt this blood have bin Excise Benevolences Loans Impositions Monopolies Military Taxes Ship-money cum multis aliis all which spring from one Root And is it not high time to grub up that root that brings forth such fruit Shall we first stand to lop the branches one by one when we may down with all at once He that to correct an evill tree that brings forth bad fruit shall begin at the master bough and so lop downwards is in danger to fall himself before the tree falls The safer and speedier way is to begin at the root and there with submission to better judgements would I lay the Axe The Root of most of our present mischiefs and the ruine of all posterity do I hold to be that extraiudiciall Iudgement I cannot say but rather doom delivered by all the Iudges under their hands out of Court yet recorded in all Courts to the subversion of all our Fundamentall Laws Liberties and Annihilation if not Confiscation of our estates That in case of danger the King may impose upon his subiects and that he is the â—ole Iudge of the danger necessity and proportion which in brief is to take what when and where he will which though delivered in the time of a gracious and mercifull Prince who we hope will not wrest it beyond our abilities yet left to the Interpretation of a succeeding Tyrant if ever this Nation be so fortunate to fall into the hands of such it is a Record wherein every man might reade himself a slave that reades it having nothing he can call his own all prostistute to the will of another What to do in such a case we are not to seek for precedents our Honorable Ancestors taught us in the just and exemplar punishments of chief Iustice Tresilian and his Complices for giving their judgements out of Parliament against the established Laws of Parliament how tender they were of us how carefull we ought to be to continue those Laws to preserve the Liberty of our Posterity I am far from maligning the person nor in my heart wish I the Execution of any man but certainly it shall be a Iustice well becoming this House to lay their Heads at his Maiesties mercy who laid us under his feet who had made us but tenants at will of our Liberties and Estates And though I cannot but approve of Mercy as a great Vertue in any Prince yet I heartily pray it may prove a Precedent as safe and usefull to this oppressed State as that of Justice Mr. Speaker blasted may that tongue be that shall in the least degree derogate from the glory of those Halcyon dayes our fathers enjoyed during the Government of that ever blessed never to be fogot Royall Elizabeth But certainly I may safely say without detraction it was much advantage to the peace and prosperity of her Raign that the great examples of Empson and Dudley were then fresh in memory The Civility of our Laws tell us that Kings can do no wrong and then is the State secure when Judges their Ministers dare do none Since our times have found the want of such examples 't is fit we leave some to posterity God forbid all should be thought or found guilty there are doubtlesse some Ring-leaders let us sift them out In publique Government to passe by the Nocent is equall injustice as to punish the Innocent An omission of that duty now will be a guilt in us render us sham'd in History curst by Posterity our gracious and in that act of voluntary Justice most glorious King hath given up to the satisfaction of his afflicted People the authors of their Ruines the power of future preservation is now in us Et qui non servat patriam cum potest idem facit destruenti patriam What though we cannot restore the damage of the Common-wealth we may yet repair the breaches in the bounds of Monarchy Though it be with our losse and charge we shall so leave our childrens children fenced as with a wall of safety by the restauration of our Laws to their ancient vigor and lustre 'T is too true and 't is to be feared the Revenues of the Crown sold out-right
the levying of the Subsidies the houses leave to your Majesties consideration It is found that Goodman the Priest hath been twice formerly committed and discharged That his residence now about London was in absolute contempt of your Majesties Proclamation as the Houses are credibly informed that he hath been sometimes a Minister in the Church of England and consequently is an Apostate both Houses are very sensible that any man should presume to intercede with your Majesty in a case of so high a nature They humbly desire that a speedy course may be taken for the due execution of the laws against the Priests and Jesuits that all mischiefes before mentioned may be timely remedied by your Majesties great wisdome And lastly that Goodman the Priest be left to the justice of the law The Earle of Straffords Letter to his most Excellent Majesty dated from the Tower the 4th of May 1641. May it please your sacred Majesty IT hath been my greatest griefe in all these troubles to be taken as a person which should endeavour to represent and set things amisse between your Majesty and your People and to give counsels tending to the disquiet of the three Kingdomes Most true it is that this mine own private Condition considered it had been a great madnesse since through your grations favour I was so provided as not to expect in any kind to mend my fortune or please my mind more then by resting where your bounteous hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poore and humble advises concluded still in this That your Majesty and your people could never be happy till there were a right understanding betwixt you and them no other means to effect and settle this happinesse but by the Counsell and assent of the Parliament or to prevent the growing Evils upon this state but by intirely putting your self in the last resort upon the loyalty and good affections of your English subjects Yet such is my misfortune this truth findeth little credit the contrary seemeth generally to be believed and my selfe reputed as some thing of Separation between you and your people under a heavier censure then which I am perswaded no Gentleman can suffer Now I understand the minds of men are more incensed against me notwithstanding your Majesty hath declared that in your princely opinion I am not guilty of Treason nor are you satisfied in your conscience to passe the Bill This bringeth me into a very great straight there is before me the ruine of my Children and family hitherto untouched in all the branches of it with any foule Crimes Here is before me the many ills which may befall your Sacred person and the whole Kingdome should your selfe and Parliament part lesse satisfied one with the other then is necessary for the preservation both of King and People Here are before me the things most valued most feared by mortall man Life or Death To say Sir that there hath not been a strife in me were to make me lesse man then God knoweth my infirmities give me And to call a destruction upon my selfe and young Children where the intentions of my heart at least have been innocent of this great offence may be believed will find no easie consent from Flesh and blood But with much sadnesse I am come to a resolution of that which I take to be best becomming me to look upon that which is most principall in it selfe which doubtlesse is the prosperity of Your sacred Person and the Common-Wealth infinitely before any private mans interest And therefore in few words as I put my selfe wholly upon the honour and justice of my Peers so clearly as to beseech your Majesty might please to have spared that declaration of yours on Saturday last and intirely to have left me to their Lordships so now to set your Majesties conscience at liberty I doe most humbly beseech your Majesty in prevention of mistakes which may happen by your refusall to passe this Bill And by this means remove praised be God I cannot say this accursed but I confesse this unfortunate thing forth of the way towards that blessed agreement which God I trust shall ever Establish between you and your subjects Sir my consent shall more acquit you herein to God then al â—he world can do besides To a willing man there is no injury done And as by Goâ—s grace I forgive all the world with a calmnes and meeknes of infinite Contentment to my dislodging soule So Sir to you can I give the life of this world with all the cheerfulnesse imaginable in the just acknowledgement of your exceeding favours And only beg that in your goodnesse you would vouchsafe to cast your gratious regard upon my poor Sonne and his three Sisters lesse or more and no otherwise then as their in present unfortunate Father may hereafter appeare more or lesse guilty of this death God long preserve your Majesty Your Majesties most faithfull and humble Subject and Servant STRAFFORD Tower 4 May 1641. The Petition of the EARLE of STRAFFORD unto the Lords before he Dyed To the Right Honourable the Lords Spirituall and Temporall in this present Parliament assembled THE humble Petition of Thomas late Earle of Strafford Sheweth that seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that duty which we allow to our fraile nature He shall in all Christian Patience and Charity conform and submit himselfe to your Justice in a comfortable assurance of the great Hope laid up for us in the Mercy and Merits of our Saviour blessed for ever Only he humbly craves to return your Lordships most humble thanks for your Noble Compassion towards those innocent Children whom now with his last blessing he must commit to the protection of Almighty GOD beseeching Your Lord-ships to finish your Pious intentions towards them And desiring that the reward thereof may be fulfill'd in You by him that is able to give above all we are able either to aske or think Wherein I trust the Honourable House of Commons will afford their Christian assistance And so beseeching your Lord-ships charitably to forgive all his omissions and infirmities he doth very heartily and truly recommend Your Lordships to the Mercies of Our Heavenly Father and that for his goodnesse he may perfect you in every good work Amen Tho. Wentworth Lord FAULKLANDS first speech in Parliament I Rejoyce very much to see this day and the want hath not lain in my affections but my lungs If to all that hath bind past I have not been as loud with my voice as any mans in the house yet truly my opinion is we have yet done nothing if we doe no more I shall add what I humbly conceive ought to be added as soone as I have said something with references to him that saies it I will first desire the forgivenesse of the House if ought I say seem to entrench upon anothers
1640. Mr. Speaker IN this great and waighty cause we ought seriously to consider First what we our selves have done already in the accusation and impeachment of this great Earle of high Treason Secondly let us remember what we now are not only Parliament men but publick men and English-men As Parliament men let us follow the steps of our ancestours and be constant to that rule of Law which was their guide and should be ours As publick men forget not whom we here represent and by how many chosen and trusted As English men let us call to minde the undanted spirits stout hearts of those ancient Heroes from whom we are descended how free they were from Pusillanimity and how they scorned all Flattery and Slavery let us then now or never Mr. Speaker shew the same blood runs in our veines Thirdly let us be well advised what to doe if in case we shall be denied justice in this particular upon which depends not only the happinesse but the safety of this Parliament of this Kingdome of our selves and of our Posterities and this is my Aviso Upon the same Subject Aprill 9. 1641. Mr. Speaker TRuth is the daughter of time and experience the best Schoolmaster who hath long since taught many men and estates the sad and woefull effects of an half-done worke those convulsions and renting paines which the body of great Britain now feels shews us that the ill humours and obstructions are not yet fully purged nor dissolved Mr. Speaker God will have a through work done if in stead of redressing evils we think to transact all by removing of persons and not things well may we hush our troubles for a season but they will returne with a greater violence For believe it Mr. Speaker let us flatter our selves as we please a dim sighted eye may see that although we thinke we have now passed the equinoctiall of the Straffordian line and seem to have gone beyond Canterbury yet their faction and undermining agents of all Religions grow daily more and more powerfull and no doubt doe labour an extirpation of all Parliaments and men that will not think say and swear to their opinions and practice Have we not then Mr. Speaker a wolfe by the cares is there any way to goe Scot-free or wolfe-free but one then let us take and not forsake that old English Parliamentary Road which is Via tuta and will bring us safely to our journeys end that is my humble motion A seasonable motion for a loyall Covenant May 3. 1641. Mr. Speaker IF ever we intend to perfect and finish the great works we have begun and come to our journeys end let us take and sollow the right way which is Via tuta and that is in a word to become holy Pilgrims not Popish and to endeavour to be loyall Covenanters with God and the King first binding our selves by a Parliamentary and Nationall Oath not a Straffordian nor a Prelaticall one to preserve our Religion emire and pure without the least compound of Superstition or Idolatry next to defend the defender of the Faith his Royall person Crown and dignity and maintain our Soveraigne in his glory and splendor which can never be Eclipsed if the ballance of justice goe right and his laws be duly executed Thus doing Mr. Speaker and making Jerusalem our chiefest joy we shall be a blessed Nation and a happy People But if we shall let goe our Christian hold and lose our Parliament proofe and old English well-tempered mettle Let us take heed that our Buckler break not our Parliaments melt not and our golden Candlestick be not removed which let me never live to see nor England to feele the want of that is my prayer conclude my former motion Mr. Hides Argument before the the Lords in the upper House of Parliament April 1641. MY Lords I am commanded by the Knights Citizens and Burgesses of the House of Commons to present to your Lordships a great and crying grievance which though it be complained of in the present pressures but by the Northern parts yet by the Logick and Consequence of it it is the grievance of the whole Kingdome The Court of the Presidents and Councell of the North or as it is more usually called the Courts of York which by the spirit and ambition of the Ministers trusted there or by the naturall inclination of Courts to enlarge their own power and jurisdiction hath so prodigiously broken down the bankes of the first Councell in which it ran hath almost overwhelmed that Countrey under the Sea of Arbitrary power and involved the people in a Labyrinth of distemper oppression and poverty Your Lordships will give me leave not with presumption to informe your great understandings but that you may know what moved the House of Commons to their resolutions to remember your Lordships of the foundation and erecting this Court and of the progresse and growth of it Your Lordships well know that upon the suppression of all religious houses to such a value in the 27. yeere of H. 8. from that time to the thirtieth yeare of that Kings raigne many not fewer than six Insurrections and Rebellions were made in the Northern parts under pretence of that quarrell most of thē under the cōmand of some eminent person of that country the which being quieted before the end of the 13. year that great King well knowing his own minde and what he meant to doe with the great Houses of Religion in the year following for prevention of any inconvenience that might ensue to him upon such distemper in the 31. year of his reign granted a Commission to the Bishop of Landaffe the first President and others for the quiet government of the County of Yorke Northumberland Cumberland and Westmoreland the Bishoprick of Durham the County of the Cities of Yorke Kingston upon Hull and New-Castle upon Tyne But my Lords this Commission was no other then a Commission of Oyre and Terminer only it had a clause at the end of it for the hearing of all causes reall and person quando ambae partes vel altera pars sit gravata paupertate fuerit quod quomodo vis suum secundum legem Regni nostri aliter persequi non possit which clause how illegall soever for that it is illegall and void in Law little doubt can be made yet whether they exercise that part of the Commission at all or so sparingly exercised it that poore people found ease and benefit by it I know not but at that time I finde no complaint against it till the comming in of King James the Commission continued still the same and that in the first year of his Reigne to the Lord Sheffeild varied no otherwise from the former same onely it had reference to Instructors which should be sent though any new sent or no is uncertaine but we can finde none In June in the seventh yeare of the Reigne of King James a new Commission was granted to the same man the
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
but shew you a way of remedie by shewing you my cleer intentions and some marke that may hinder this good worke I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church and Common-wealth and consequently that all Courts of Justice may be reformed according to Law For my intentions is cleerly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth Moreover whatsoever part of my Revenue shall be found illegall or heavy to my Subjects I shall be willing to lay down trusting in their affections Having thus cleerly and shortly set down my intentions I will shew you some rubs and must needs take notice of some very strange I know not what terme to give them Petitions given in the name of divers Counties against the established government of the Church and of the great threatnings against the Bishops that they will make them to be but a Cipher or at least taken away If some of them have incroached too much upon the Temporaltie if it be so I shall not be unwilling these things should be redressed and reformed as all other abuses according to the wisdome of former times so farre I shall go with you no farther If upon serious debate you shall shew that Bishops have some Temporall Authority not so necessary for the government of the Church and upholding Episcopall Jurisdiction I shall not be unwilling to desire them to lay it down but this must not be understood that I shall any way consent that their voice in Parliament should be taken away for in all the times of my Predecessors since the Conquest and before they have enjoyed it I am bound to maintain them in i as one of the fundamentall Institutions of this Kingdome There is one other Rock you are on not in substance but in service and the forme is so essentiall that unlesse it be reformed will split you on that Rock There is a Bill lately put in concerning Parliaments The thing I like well to have frequent Parliaments but for Sheriffes and Constables to use my Authoritie I can no wayes consent unto But to shew that I desire to give you content in substance as well as in shew that you shall have a Bill for doing thereof so that it do not trench neither against my Honor neither against the ancient Prerogatives of the Crowns concerning Parliaments Ingeniously confesse often Parliaments is the fittest means to keep correspondencie betweene Me and my People that I doe so much desire To conclude now all that I have shewen you the state of my Affairs My own cleere intentions and the Rocks I would have you shun To give you all contentment you shall likewise finde by these Ministers I have or shall have about me for the effecting of these my good intentions which shall redouble the peace of the Kingdome and content you all Concerning the conference you shall have a direct answer on Monday which shall give you satisfaction The Kings speech to both Houses of Parliament in the Lords House at the passing of the Bill for a Trieniall Parliament the 16th of November 1640. MY Lords and you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with Me at the Banquetting House at Whitehall I did declare unto you two Rocks I wished you to eschew this is the one of them and of that consequence that I thinke never Bill passed here in this House of more favour to the Subjects then this is and if the other Rocke be as happily passed over as this shall be at this time I do not know what you can aske for ought I can see at this time that I can make any question to yeeld unto Therefore I mention this to shew unto you the sence that I have of this Bill and obligation as I may say that you have to me for it for hitherto to speake freely I have had no great incouragement to doe it if I should looke to the outward face of your actions or proceedings and not looke to the inward intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concernes your selves to amend and yet those things that meerly concernes the strength of this Kingdom neither for the State nor my own particular This I mention not to reproach you but to shew you the state of things as they are you have taken the Government almost in peeces and I may say it is almost off the hinges A skilfull Watchmaker to make cleane his Watch he will take it a sunder and when it is put together it will go the better so that he leave not forth then one pin in it Now as I have done all this on my part you know what to do on your parts and I hope you shall see cleerly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to me and this is the great expression of trust that before you do any thing for me that I do put such a confidence in you HIS MAJESTIES Letter to the Lords on the behalf of the Earle of Strafford sent by the PRINCE My Lords I Did yesterday satisfie the Justice of the Kingdome by passing of the Bill of Attainder against the Earle of Strafford but mercie being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfill the naturall course of his life in a close imprisonment yet so that if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of Publique businesse especially with me either by Message or Letter it shall cost him his life without further Processe This if it may be done without the discontentment of my People will be an unspeakable contentment to me To which end as in the first place I by this Letter do earnestly desire your approbation and to endeare it the more have chosen him to carry it that of all your House is most dear to me So I desire that by a conference you will endeavour to give the House of Commons contentment Likewise assuring you that the excuse of mercy is no more pleasing to me then to see both Houses of Parliament consent for my sake that I should moderate the severity of the Law in so important a case I will not say that your complying with me in this my intended mercie shall make me more willing but certainly t' will make me more cheerfull in granting your just grievances But if no lesse than his life can satisfie my People I must say fiat justitia Thus again recommending the consideration of my intentions to you I rest Whitehall the 11th of May 1641. Your unalterable and affetionate Friend CHARLES R. If he must dye it were charity to
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
for the making of Lawes with him Now Sir the Legislative power is the greatest power and therefore coactive and it is the highest power and therefore independent and if every Estate for the proportion it hath therein should not have such a power it should not have it of right as founded in the Fabricke and frame of the policy and government but of Grace or by Commission as Dr. Beale affirmeth I have done with the first Canon onely I shall adde this that considering the principles and positions that are laid downe therein and comparing them with a clause towards the end of the Canon that in no case imaginable it is lawfull for subjects to defend themselves we may judge how farre forth these Canons were to prepare mens mindes for the force that was to follow after if the accusation against my Lord of Strafford bee layed aright For the matter it selfe I hope there will never be any need to dispute that question and I doe beleeve they had as little need to have published that position had it not beene upon designe As for the second Canon therein also they have assumed to themselves a Parliamentary power in taking upon them to appoynt Holidayes whereas the statute saith in expresse words that such dayes shall bee onely kept as Holy-dayes as are named in the Statute and no other and therefore though the thing may be bonum yet it was not done bene because not ordained by Parliament notwithstanding what hath beene alledged to the contrary it seemeth to mee to bee the appoynting of an Holy-day to set a time a part for Divine service and to force menunder penalties to leave their labours and businesse and to be present at it And of the same nature is that other clause in the same Canon wherein they take upon them without Parliament to lay a charge upon the people enjoyning two Bookes at least for that day to be bought at the charge of the parish for by the same right that they may lay a penny on the Parish without Parliament they may lay a pound or any greater summe As to the third Canon I shall passe it over onely the observation that my neighbour of the long Robe made upon it seemes unto me so good as that it is worth the repeating that whereas in the Canon against Sectaries there is an especiall proviso that it shall not derogate from any Statute or Law made against them as if their Canons had any power to disanull an act of Parliament there is no such proviso in this Canon against Papists from whence it may bee probably conjectured that they might have drawne some colour of exemption from the penall Lawes established against them from this Canon because it might seeme hard that they should be doubly punished for the same thing as wee know in the poynt of absence from the Church the Law provideth that if any man be first punished by the Ordinary he shall not be punished againe by the Iustices For the fourth Canon against Socinianisme therein also these Canon-makers have assumed to themselves a Parliament power in determining an Heresie not determined by Law which is expressely reserved to the determination of a Parliament It is true they say it is a complication of many heresies condemned in the four first Councells but they doe not say what those Heresies are and it is not possible that Socinianisme should bee formally condâ—mned in these Councells for it is sprung up but of late Therefore they have taken upon them to determine and damne a Heresie and that so generally as that it may bee of very dangerous consequence for condemning Socinianisme for an heresie and not declaring what is Socinianisme it is left in their breasts whom they will judge and call a Socinian I would not have any thing that I have said to be interpreted as if I had spoken it in favour of Socinianisme which if it be such as I apprehend it to be is indeed a most vile and damnable heresie and therefore the framers of these Canons are the more to blame in the next Canon against Sectaries wherein besides that in the preamble thereof they lay it downe for a certaine ground which the holy Synod knew full well that other Sects which they extend not onely to Brownists and Separatists but also to all persons that for the space of a month doe absent themselves without a reasonable cause from their owne parish Churches doe equally endeavour the subversion of the Discipline and Doctrine of the Church of England with the Papists although the worst of them doe not beare any proportion in that respect to the Papists I say besides that they make them equall in crime and punishment to the Papists notwithstanding the great disproportion of their Tenents there is another passage in this Canon relative to that against Socinianisme which I shall especially offer to your consideration and that is this If a Gentleman comming from beyond Seas should happen to bring over with him a Booke contrary to the Discipline of the Church of England or should give such a Booke to his friend nay if any man should abett or maintaine an opinion contrary thereunto though it were but in Parliament if hee thought it fit to be altered by this Canon he is excommunicated ipso facto and lyeth under the same consideration and is lyable to the same punishment as if he had maintained an opinion against the Deity of Christ and of the Holy Ghost and of our Iustification by the satisfaction of Christ Sir if in things that are in their owne Nature indifferent if in things disputable it shall bee as hainous to abett or maintaine an opinion as in the most horrible and monstrous herefies that can be imagined what liberty is left to us as Christians What liberty is left to us as men I proceed to the sixt Canon wherein these Canonists have asumed to then selves a Parliamentary power and that in a very high degree in that they have taken upon them to impose new Oathes upon the Kings Subjects Sir under favour of what hath beene alleaged to the contrary to impose an Oath if it be not an higher power then to make a Law it is a power of making a Law of most high Nature and of higher and farther consequence then any other Law and I should much rather chuse that the Convocation should have a power to make Lawes to binde my person and my estate then that they should have a power to make Oathes to binde my Conscience a Law bindes me no longer than till another Law bee made to alter it but my Oath bindes mee as long as I live Againe a Law bindes me either to obedience or to undergoe the penalty inflicted by the Law but my Oath bindes mee absolutely to obedience And lastly a Law bindes me no longer than I am in the Land or at the farthest no longer than I am a member of the State wherein and whereby the Law is
hereafter any other accusation or impeachmens against the said Lord Finch and also of replying to the answer that the said Iohn Lord Finch shall make unto the said Articles or to any of them and of affering proofe of the premisses or any of their impeachments or accusations that shall be exhibited by them as the case shall according to the course of Parliaments require doe pray that the said Iohn Lord Finch Baron of Ford wich Lord Keeper of the Great Seale of England may be put to answer to all and every of the premisses and such proceedings examinations tryalls and judgements as may be upon every of them bad and used as is agreeable to Law and Iustice. The Lord FAULKLANDS second Speech Made the 14. of January after the reading of the Articles against the Lord FINCH THese Articles against my Lord Finch being read I may bee bold to apply that of the Poet Nil refert tales versus qua voce legantur and I doubt not but your Lordships must be of the same opinion of which the House of Commons appeares to have beene by the choyce they have made of me that the charge I have brought is such as needs no assistance from the bringer leaving not so much as the colour of a colour for any defence including all possible evidence and all possible aggravation that addition alone excepted which he alone could make and hath made I meane his Confession Included in his flight Here are many and mighty Crimes Crimes of Supererogation So that high Treason is but a part of his Charge pursuing him fervently in every severall condition being a silent Speaker an unjust Iudge and an unconscionable Keeper That his life appeares a perpetuall Warfare by Mines and by Battery by Batteil and by Stratagem against our fundamentall Lawes which by his own confession severall Conquests had left untoucht against the excellent constitution of this Kingdome which hath made it appeare unto strangers rather an Idea than a reall Common-wealth and produced the honour and happinesse of this to be a wonder of every other Nation and this wiâ—h unfortunate successe that as he alwayes intended to make our Ruines a ground of his advancement so his advancement the meanes of our further ruine After that contrary to the further end of his place and the end of that meeting in which he held his place hee had as it were gagg'd the Common-Wealth taking away to his power all power of Speech from that body of which he ought to have beene the Mouth and which alone can perfectly represent the condition of the people whom that onely represent which if he had not done in all probability what so grave and judicious an Assembly might have offered to the consideration of so gracious and just a Prince had occasioned the redresse of the grievances they then suffered and prevented those which we have since endured according to the ancient Maxime of Odisse quos laeferis he pursued this offence towards the Parliament by inveighing against the Members by scandalizing their proceedings by trampling upon their Acts and Declarations by usurping and devolving the right by diminishing abrogating the power both of that other Parliaments making them as much as in him say both uselesse and odious to his Majesty and pursued his hatred to this fountain of Iustice by corrupting the streames of it the Lawes and perverting the Conduit Pipes the Iudges He practiced the annibilating of Ancient and Notorious perambulations of particular Forrests the better to prepare himselfe to annihilate the Ancient and Notorious perambulation of the whole Kingdome the meeres and bounders betweene the liberties of the Subject and Soveraigne power he endeauoured to have all tenures in durante bene placito to bring all Law from his Majesties Courts into his Majesties brest he gave our goods to the King our lands to the Deere our liberties to his Sheriffes so that there was no way by which wee had not beene opprest and destroyed if the power of this person had beene equall with his will Or that the will of his Majestie had beene equall to his power He not onely by this meanes made us lyable to all the effect of an Invasion from within and by destruction of our Liberties which included the destruction of our propriety which included the destruction of our Industry made us lyable to the terriblest of all Invasions that of want and poverty So that if what hee plotted had taken Root and he made it as sure as his Declaration could make it what himselfe was not Parliament proofe in this wealthy and happy Kingdome there could have beene left no aboundance but of grievances and discontentment no satisfaction but amongst the guilty It is generally observed of the plague that the infection of others is an earnest and constant desire of all that are seized by it and as this designe resembles that disease in the ruine destruction and desolation it would have wrought so it seemes no lesse like it in this effect he having so laboured to make others share in that guilt that his solicitation was not onely his action but his workes making use both of his Authority his Interest and Importunity to perswade and in his Majesties Name whose Piety is knowne to give that Excellent prerogative to his person that the Law gives to his place not to be able to doe wrong to threaten the rest of the Iudges to signe opinions contrary to Law to assigne answers contrary to their opinions to give Iudgement which they ought not to have given and to recant Iudgement when they had given as they ought so that whosoever considers his care of and concernment both in the growth and the immortality of this project cannot but by the same way by which the wisest judgment found the true mother of the Child discover him not onely to have beene the Fosterer but the Father of this most pernicious and envious designe I shall not need to observe that this was plotted and pursued by an English man against England which encreaseth the Crime in no lesse degree than parricide is beyond Murther that this was done in the greatest matter joyned to the greatest Bond being against the generall liberty and publike propriety by a sworne Iudge and if that salt it selfe because unsavory the Gospell it selfe hath design'd whither it must be cast that he poysoned our very Antidotes and turned our Guard into a destruction making Law the ground of illegalitie that he used this Law not onely against us but against it selfe making it as I may say Felo de se making the pretence for I can scarce say the appearance of it so to contribute the utter ruine of it selfe I shall not need to say that either this or more can be of the highest kinde and in the highest degree of Parliamentary Treason a Treason which need not a computation of many severall actions which alone were not Treason to prove a Treason altogether and by
that demonstration of the intention to make that formality Treason which were materially but a misdemeanor a Treason as well against the King as against the Kingdome for whatsoever is against the whole is undoubtedly against the head which takes from his Majesty the ground of his Rule the Lawes for if foundations bee destroyed the Pinnacles are most endangered which takes from his Majesty the principal honour of his Rule the Ruling over Free-men a power as much Nobler then over villaines as that is that 's over beasts which endevoured to take from his Majesty the principall support of his Rule their hearts and affections over whom he rules a better and surer strength and wall to the King than the Sea is to the Kingdome and by begetting a mutuall distrust and by that a mutuall disaffection between them to hazard the danger even of the destruction of both My Lords I shall the lesse need to presse this because as it were unreasonable in any case to suspect your Iustice so here especially where your interest so nearly unites you your great share in possessions giving you an equall concernment in propriety the care and paines used by your Noble Ancestors in the founding and asserting of our conmon Liberties rendring the just defence of them your most proper and peculiar inheritance and both exciting to oppose and extirpate all such designes as did introduce and would have set led an Arbitrary that is an intollerable forme of Government and have made even your Lordships and your posterity but Right Honourarable slaves My Lords I will spend no more words Luctando cum larva in accusing the Ghost of a departed person whom his Crimes accuse more than I can doe and his absence accuseth no lesse than his Crime Neither will I excuse the length of what I have said because I cannot adde to an Excuse without adding to the Fault or my owne imperfections either in the matter or manner of it which I know must appeare the greater by being compared with that learned Gentlemans great abilitie who hath precoded me at this time I will onely desire by the Command and in the behalfe of the House of Commons that these proceedings against the Lord Finch may be put in so speedy away of dispatch as in such cases the course of Parliament will allow The first Speech made by Sir Edward Deering in the house of Commons Mr. Speaker YEsterday the affaires of this House did borrow all the time allotted to the great Committee of Religion I am sorry that having but halfe a day in a whole week we have lost that Mr. Speaker The sufferings that wee have undergone are reduceable to two heads The first concerning the Church The second belonging to the Common-wealth The first of these must have the first fruites of the Parliament as being the first in weight and worth and more immediately to the honour of God and his Glory every dramme whereof is worth the whole weight of a Kingdome The Common-wealth it is true is ful of apparent dangers the Sword is come home unto us and two Twinned Nations united together under one regall Head Brethren together in the Bowels and Bosome of the same Island and which is above all is imbanded together in the same Religion I say in the same Religion by a divellish Machination like to be fatally imbrewed in each others blood ready to digge each others Graves Quantillum abfuit For other grievances also the poore dis-hearted Suject sadly grieves not able to distinguish betweene Power and Law and with a weeping heart no question hath long prayed for this houre in hope to be relieved and to know hereafter whether any thing hee hath besidâ—s his poore part and portion of the common Aire hee breatheth may be truly called his owne These Mr. Speaker and many other doe deserve and must shortly have our deepe regards but suo gradis Now in the first place there is a unum necessarium above all our worldly sufferings and dangers Religion the immediate Service due unto Almighty God and herein let us all be confident that all our consultations wil be unprosperous if wee put any determination before that of Religion For my part let the Sword reach from the North to the South and a generall perdition of all our remaining rights threaten us in an open view it shall bee so farre from making mee to decline the first setling of Religion that I shall ever argue and rather conclude it thus That the more great and eminent our perils of this World are the stronger and quicker ought our care to be for the glory of God and the pure Law of our Soules If then Mr. Speaker it may passe with full allowance that all our cares may give way unto the Treaty of Religion I will reduce that also unto two heads First of Ecclesiasticall persons Then of Ecclesiasticall Causes Let no man start or be affrighted at the imagined length of this Consultation it will not it cannot take up so much Time as it is worth This is God and the Kings God and the Kingdomes nay this is God and the two Kingdomes cause And therefore Mr. Speaker my humble motion is that wee may all of us seriously speedily and heartily enter upon this the best and the greatest and the most important cause wee can treate on Now Mr. Speaker in pursuite of mine owne motion and to make a little entrance into these great Affaires I will present unto you the Petition of a poore distressed Minister in the Couâ—ty of Kent a man conformable in his practice Orthodoxe in his Doctrine laborious in his Ministery as any wee have or I doe know He is now a sufferer as all good men are under the generall obloquy of a Puritan as with other things was admirably delivered by that silver Trumpet at the Bar the Pursevant watched his doore and divides him and his Cure asunder to both their griefes for it is not with him as perhaps with some that set the Pursevant at worke glad of an excuse to be out of thâ— Pulpit it is his delight to Preach About a week since I went over to Lambeth to moove that great Bishop too great indeede to take this danger from off this Minister and recall the Pursevant And withall did undertake for Mr. Wilson for so is your Petitioner called that hee should answere his Accusers in any of the Kings Courts aâ— Westminster The Bishop made me this answere in His verbis I am sure that hee will not absent from his Cure a Twelve-moneth together and then I doubt not but once in a yeare wee shall have him This was all that I could obtaine but I hope by the helpe of this House before this yeare of threats-be runne out his Grace will eyther have more Grace or no Grace at all For our griefes are manifold and doe fill a mighty and vast Circumference yet so that from every part our lines of sorrow doe lead unto him and
Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots 7. That to preserve himselfe from being questioned for those and other his traiterous courses hee laboured to subvert the right of Parliaments and the ancient course of Parliamentarie proceedings and by false and malicious slanders to incense his Majestie against Parliaments By which words counsels and actions hee hath traiterously and contrary to his allegiance laboured to alienate the hearts of the Kings Liege people from his Majestie to set a division betweene them and to ruine and destroy his Majesties Kingdomes for which they impeach him of high Treason against our Soveraigne Lord the King his Crown and dignitie 8. And he the said Earle of Strafford was Lord Deputie of Ireland and Lieutenant Generall of the Army there viz. His most excellent Majestie for his Kingdomes both of England and Ireland and the L. President of the North during the time that all and everie the crimes and offences before set forth were done and committed and hee the said Earle was Lieutenant Generall of all his Majesties army in the North parts of England during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed 9. And the said Commons by protestations saving to themselves the libertie of exhibiting at any time here after any other accusation or impeachment against the said Earle and also of replying to the answers that hee the said Earle shall make unto the said articles or to any of them and of offering proves also of the premisses or any of them or any other impeachment or accusation that shall be exhibited by them as the cause shall according to the course of Parliaments require doe pray that the said Earle may be put to answer for all and every the premisses that such proceedings examinations trials and judgements may be upon everie of them had and used as is agreeable to Law and Iustice The further impeachment of Thomas Earle of Strafford by the Commons assembled in Parliament 1640 WHereas the said Commons have already exhibited Articles against the said Earle formerly expressed c. Now the said Commons doe further impeach the said Earle as followeth c. 1. That he the said Earle of Strafford the 21. day of March in the 8. yeare of his now Majesties Reigne was president of the Kings Counsell in the Northerne parts of England That the said Earle being president of the said Counsell on the 21. day of March a Commission under the great Seal of England with certaine Schedules of instructions thereunto annexed was directed to the said Earle or others the Commissioners therein named wherby amongst other things power and authority is limited to the said Earle and others the Commissioners therein named to heare and determine all offences and misdemeanors suits debates controversies and demaunds causes things and matters whatsoever therein contained and within certaine precincts in the said Northerne parts therein specified and in such manner as by the said Schedule is limited and appointed That amongst other things in the said instructions it is directed that the said President and others therein appointed shall heare and determine according to the course of proceedings in the Court of Starchamber divers offences deceits and falsities therein mentioned whether the same be provided for by the Acts of Parliament or not so that the Fines imposed be not lesse then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions it is diâ—ected that the said president and others therein appointed have power to examine heare and determine according to the course of proceedings in the Court of Chancery al manner of complaints for any matter within the said precincts as well concerning lands tenements and hereditaments either free-hold customary or coppy-holde as Leases and oter things therein mentioned and to stay proceedings in the Court of Common Law by Injunction or otherwise by all wayes and meanes as is used in the Court of Chancery And although the former Presidents of the said Counsell had never put in practise such Instructions nor haâ— they any such Instructions yet the said Earle in the moreth of May in the said 8. yeare and divers years following did put in practise exercise and use and caused to be used and put in practise the said Commission and Instructions and did direct and exercise an exorbitant and unlawfull power and jurisdiction on the persons and estates of his Majesties subjects in those parts and did disin-herit divers of his Majesties subjects in those parts of their inheritances sequestred their possessions and did fine ransome punish and imprison them and caused them to be fined ransomed punished and imprisoned to their ruine and destruction and namely Sir Conier Darcy Sir Iohn Bourcher and divers others against the Lawes and in subversion of the same And the said Commission and Instructions were procured and issued by the advice of the said Earle And he the said Earle to the intent that such illegall unjust power might be exercised with the greater licence and will did advise Counsell procure further directions in and by the said instructions to be given tha nâ— prohibition he granted at all but in cases where the said Counsell shall exceed the limits of the said instructions And that if any Writ of Habeas Corpus be granted the party be not discharged till the party performe the Decree and Order of the said Counsell And the said Earle in the 13. yeare of his now Majesties Reigne did procure a new Commission to himselfe and others therein appointed with the said Instructions and other unlawfull additions That the said Commission and Instructions were procured by the solicitation and advice of the said Earle of Strafford 2. That shortly after the obtaining of the said Commission dated the 21 of March in the 8 yeare of his now Majesties Reigne to wit the last day of August then next following he the said Earle to bring his Majesties liege people into a dislike of his Majestie and of his Governement and to terrifie the Iustices of the Peace from executing of the Lawes He the said Earle beeing then President as aforesaid and a Iustice of Peace did publiquely at the Assises held for the County of Yorke in the City of Yorke in and upon the said last day of August declare and publish before the people there attending for the administration of Iustice according to the Law in the presence of the Iustices sitting That some of the Justices were all for Law but they should finde that the Kings little finger should be heavier then the loynes of the Law 3. That the Realme of Ireland having been time out of minde anne xed to the Imperiall Crowne of England and governed by the same Lawes The said Earle being Lord Deputy of that Realme to bring his Majesties liege people of that Kingdome likewise into distike of his
Ratcliffe was not the man alone but others joyned with him in that Assembly and I am sure my Lord of Strafford moved it for the breach of Parliament I shall addresse myselfe to the body of his answere Now give me leave my Lords that I may open the nature of this great offence My Lords it is a charge of Treason which is a Treason not ended or expired by one single Act but a trade enured by this Lord of Strafford ever since the Kings favor hath been bestowed upon him My Lords it hath two parts to deprive us that which was good And secondly to bring in a Tyrannicall government it takes away the Lawes of the Land and it hath an arbitrary government bounded by no law but what my Lord of Strafford pleaseth It is the law my Lords which we reverence and cheerefully render to our gracious Soveraigne The Law as it is the ground of our libertie so it is the distribution of Iustice My Lords in all this my Lord of Strafford hath endeavoured to make them uncapable of any benefit it is true my Lords that Treason against the person of a Prince is high Treason and the highest Treason that can be to man but it falls short of this Treason against the State When blessed King Iames was taken to heaven he commended the lawes to his sonne our gracious Soveraigne But my Lords if such a design as this should take effect that the law of Iustice shouldbe taken from the Throne we are without hope of ever seeing happy dayes power is not so easily laid downe unlesse it be by so good and just a Prince as we have My Lord of Straffords accusation is conveyed into twenty eight Articles and I shall but touch the heads that wee shall insist upon and I thinke the best way to this is to consider what he did before he went into Ireland what then and what since He hath encroached jurisdiction where none was taking upon him a power to repell the lawes and to make new lawes and in domineering over the lives and goods and what ever else was the subjects My Lords this he hath not done onely upon the meaner sort but upon the Peeres and auncient Nobilitie and what may your Lordships expect but the same measure at his hands here as they have found there when he committed any to prison if a Habeas Corpus were granted the Officers must not obey and if any Fine were put upon the Officer for refusing them there was a command that he should bee discharged so that he did not onely take power to himselfe but the Scepter of Iustice out of the Kings hand When he was a member of the house of Commons it was his owne motion all Ministers of state should serve the King according to the lawes which he hath broken himselfe He doth as much as say that Fines shall not be payed by Officers if in this they fulfill his commands but those that release a prisoner upon a Habeas Corpus shall finde his displeasure My Lords if this had been a single Act we should not have accused him of high Treason but this hath beene his common course and this we present to your Lordships consideration The next thing is that in the North the people attending for Iustice you shall see what a dishonour he flung upon the sacred Majestie of the King that did advance him some of the Iustices saith he are all for Law but they shall finde that the Kings little fingers is heavier then the Loynes of the Law My Lords what a sad speech was this and what sad Accidents happened upon it you all know and he said in a solemne speech That Ireland was a conquered Nation and that the King might do with them what he would their Charters were nothing worth they did binde the King no longer then he pleased Surely you may see what hee would do if he had power but we hope never such counsell shall have acceptation in so gracious an Eare as our Soveraignes and he doth not stay in words but proceeds to Actions when a Peere of the Kingdome was expelled the Kingdome for suing at Law for recovering of his Right he saith he would have Ireland know that neither Law nor Lawyers should question any thing that he ordered My Lords he goes higher for when there was an occasion to speake of an Act of State he said it should bee as binding as an Act of Parliament My Lords he cannot goe higher then this hee tells them in Parliament they were a Conquered Nation and they must expect the usage of a Conquered Nation The Lord Mountnorris for a few words that fell from his mouth spoken privately at his Table had a Counsell of warre called against him and was judged to death My Lords it is no marvaile that he saie That the Kings little finger should be so heavie when his little too was so heavie to tread downe a Peere under his foote My Lords he makes Lawes of himselfe and hee makes a difference in matters of Iustice betweene the poore and the rich but when he hath executed his power upon the poore he will fall upon the rich My Lords he hath made that which was worth but five shillings to the value of twenty and my Lords by this he doth in effect take away what ere this commoditie is worth he saith he doth it for the Kings gaine but we shall make it appeare that the Crowne hath lost and he hath gained And for the Commodity of Flax my Lords it is but a Womans Commodity but yet it is the staple Commodity of Ireland Now my Lords this Commondity he hath gotten wholly into his owne hands for he made such a Proclamation that it should be used in such wayes as the Women could not doe it and if it were not used in such ways that it should bee seised upon no he doth not onely put impositions upon the Subject but take away the goods too and thus he hath levyed warre against the Kings Subjects and this is his course that if a Decree were made by him and not obeyed there issued a warrant to Souldiers that they should make Garrison and that they should goe to the houses of those that were pretended to be disobedient My Lords they have killed their sheep and their Oxen and bound their horses and took them Captives till they have rendered obedience which is expressely contrary to Law for it saith If any man set horse or foot upon the Kings Subject in a Military way it is high Treason My Lords it doth not onely oppresse them in their estates but provoke and incite his Majesty to lay downe his mercy and goodnesse and to fall into an offensive war against his Subjects and to say they are Rebels and Traytors He tels his Counsell that the Parliament having forsaken the King and the King having tryed the Parliament hee might use other wayes to procure money to supply his necessities My Lords the same day
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
the East-Indies and may erect a Company of the West-Indies for the golden fleece which shall bee prepared for you whensoever you are ready for so great a Consultation The right way to nourish these Northâ—â—â—e Trades is by his Majesties favour to presse the King of Denmarke to Justice not to come as his intolerable Taxes newly imposed upon Trade in the passage of the Sound in Examples whereof the Elector of Brandenburgh joyning with the King of Poland hath likewise more then trebled the ancient and capitulated Duties which if that they shall continue I pronounce all the Commerce of the Baltique Sea so over-burthened That the East-land Company cannot subsist nor without them and the Muscovie Company the Navigation but that the materials for shipping will be doubled which will eat out all Trades I have given you but Essayes and strooke little sparkes of fire before you My intention is but to provoke the wit and ability of others I have drawn you a Map wherein you cannot see things clearely and distinctly onely I introduce matter before you and now I have done when I have shewed you the way how to enlarge and bring every particular thing into debate To which end my motion and desire is this That we may send to every severall Company of Merchants trading in Companies and under Government and Priviledges and to aske of them what is their Grievances in their generall Trade not to rake into private Complaints what are the causes of decay or abuses in their Trades and of the want of money which is visible and of the great losses both to the Kingdome and to every particular by the late high exchanges and to desire every one of these Companies to set downe their judgement in writing to the Committee by a day appointed and having from them all the generall state of the complaints severally we shall make some judgements of these relations one to another this done I desire to require all the same severall Companies upon their owne papers to propose to us in writing the Remedies appliable in their judgement which materials having all together and comparing one with another we shall discover that truth which we seeke that is whether Trade and Money decay or not and how to remedy it But I have one request more and so I will ease you of my losse of your time That when from all these Merchants we shall have before us so much matter and without such variety and perhaps not without private and partiall ends that then you will give me leave to represent to you the names of some generall and others dis-interessed and wel experienced in many particulars who may assist our judgements in all the premisses particularly in moneys and exchanges and give us great light to prepare our result and resolution to bee by the whole House of Commons represented to his Majesty and for expedition that a sub-Committee may be named to direct this Information from the Merchants THE LORD FAUKLAND His SPEECH Concerning EPISCOPACY MASTER SPEAKER he is a great stranger in Israel who knowes not that this Kingdome hath long laboured under many and great oppressions both in religion and liberty and his acquaintance here is not great or his ingenuity lesse who doth not both know and acknowledge that a great if not a principall cause of both these have beene some Bishops and their adherents Master Speaker a little search will serve to find them to have beene the destruction of unitie under pretence of uniformity to have brought in superstition and scandall under the titles of reverence and decency to have defil'd our Church by adorning our Churches to have slackned the strictnesse of that union which was formerly betweene us and those of our religion beyond the sea an action as unpoliticke as ungodly Master Speaker wee shall finde them to have Tith'd Mint and Anise and have left undone the weightier works of the Law to have been lesse eager upon those who damne our Church then upon those who upon weake conscience and perhaps as weake reasons the dislike of some commanded garment or some uncommanded posture onely abstained from it Nay it hath been more dangerous for men to goe to some neighbours Parish when they had no sermon in their owne then to be obstinate and perpetuall Recusants while Masses have been said in security a conventicle hath beene a crime and which is yet more the conforming to ceremonies hath beene more exacted then the conforming to Christianity and whilest men for scruples have beene undone for attempts upon Sodomie they have onely beene admonished Master Speaker we shall find them to have beene like the hen in Esop which laying every day an egge upon such a proportion of barly her Mistresse increasing her proportion in hope shee would encrease her egges shee grew so fat upon that addition that shee never laid more so though at first their preaching were the occasion of their preferment they after made their preferment the occasion of their not preaching Master Speaker we shall find them to have resembled another fable the dog in the manger to have neither preached themselves nor employ'd those that should nor suffered those that would to have brought in catechising only to thrust out preaching cryed downe Lectures by the name of Factions either because their industry in that duty appeared a reproofe to their neglect of it not unlike to that we read of him who in Nero's time and Tacitus his story was accused because by his vertue he did appeare Exprobrare vitia Principis or with intention to have brought in darknesse that they might the easier sow their tares while it was night and by that introduction of ignorance introduce the better that Religion which accompts it the Mother of devotion Master Speaker in this they have abused his Majesty as well as his people for when they had with great wisedome since usually the children of darknesse are wiser in their generation then the children of light I may guesse not without some eye upon the most politicke action of the most politicke Church silenced on both parts those opinions which have often tormented the Church and have and will alway trouble the schooles they made use of this declaration to tye up one side and let the other loose whereas they ought either in discretion to have beene equally restrained or in justice to have beene equally tolerated And it is observable that that party to which they gave this licence was that whose doctrine though it were not contrary to law was contrary to custome and for a long while in this Kingdome was no oftner preached then recanted The truth is Master Speaker that as some ill Ministers in our state first tooke away our mony from us and after indeavoured to make our mony not worth the taking by turning it into brasse by a kind of Antiphilosophers-stone so these men used us in the point of preaching first depressing it to their power and next labouring to
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
resolutions NOte That because some doubts were raised by severall persons out of the Commons House concerning the meaning of these words contained in the Protestation lately made by the Members of that House viz. The true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realme contrary to the same Doctrine The House of Commons did declare That by those words was and is meant only the publick Doctrine professed in the said Church so farre as it is opposite to Popery and Popish Innovations And that the said words are not to be extended to the maintaining of any forme of Worship Discipline or Government nor of any Rites or Ceremonies of the Church of England MY Lords The House of Commons have commanded me to present unto your Lordships this Protestation Every member in that House hath made it not one refusing it and they have sent it unto your Lordships with an assurance of your Lordships concurrence in the same zeale and affection for the publick safety And it is their desire your Lordships would likewise make the same Protestation which I humbly leave to your Lordships wisdomes Directions for more orderly making of the foresaid Protestation IT is thought fit that the Protestation which the Parliament late y made be taken by the Citie of London in the severall Parish Churches in the afternoon of some Lords day after Sermon before the Congregation bee dissolved by all Masters of Families their sons and men-servants in manner and forme following viz. First That forthwith notice of this intention bee given to the Minister Church-wardens and some other mee persons of each Parish in London Liberties and adjacent Parishes and some of them to give notice to the rest of the Parishioners Secondly That the Minister be entreated if he please to acquaint his Parish in his Sermon either forenoon or aftternoon with the nature of the businesse more or lesse as hee shall think fit for the better and more solemne taking of the said Protestation or if the Minister refuse it that some other bee intreated to preach that will promote the businesse or if neither of these may bee had that some other convenient course bee taken by some well affected to the businesse to stay the Parish and communicate the matter to them Thirdly That the Minister or Ministers of every Congregation first take it in his or their owne person reading the said Protestation in so distinct a voyce that all present may conveniently hear it and that all the Assembly present doe make the same Protestation distinctly after this manner every man taking this Protestation into his hand IA. B. doe in the presence of Almighty God freely and heartily promise vow and protest the same which the leading person took naming the person Fourthly That there be a Register Book wherin every man taking this vow or Protestation subscribe his name with his owne hand or mark and that the names bee taken of such as doe refuse the same Fifthly That all the Parishioners abovesaid whether in Towne or out of Towne be earnestly requested to bee present at their owne Parish Church in the afternoon of that Lords day whereon it shall be taken that every man may take it in their owne place and if any bee necessarily absent that they may bee desired to take it the next Lords day after or so soon as may bee with conveniency Sixthly and lastly That all whom it doth not immediately concerne bee earnestly requested to depart FINIS Mr. Grimstons Speech in the High Court of Parliament M. SPEAKER THese Petitions which have beene now read they are all Remonstrances of the generall and universall grievances distempers that are now in the State and Government of the Church and Commonwealth and they are not them alone But his Majesties gracious Expressions the first day of Parliament that calls me up to speak at this present contrary to my owne Intentions Mr. Speaker his Majestie who is the head of the body politique and the Father of the Common-wealth hath complained first declaring his sensiblenesse of our sufferings and amongst other things hath put us in mind of our grievances and hath freely left it to our selves for our redresse and repaire therein to begin and end as we shall think fit And this drawes mee on with much cheerefulnesse and zeale to contribute my poore endeavours to so great a work And Mr. Speaker I conceive it will not be altogether impertinent for your direction and guidance in that great place which by the favour of his Majestie and this House you now possesse a little to recollect our selves in the remembrance of what was done the last Parliament and where we ended It will likewise be very considerable what hath bin done since that Parliament and who they are that have beene the Authors and Causers of all our miseries and distractions both before and sithence Mr. Speaker the last Parliament as soone as the House was setled a Subsidiarie ayd and supply was propounded and many Arguments used to give the precedencie before all other matters and Considerations whatsoever On the other side a multitude of Complaints and Grievances of all sorts aswell concerning our Eternall as our Temporall estates were presented and put in the other ballance The wisedome of that great Councell waighing both indifferently and looking not onely upon the dangers then threatneâ— from Scotland which are now upon us but likewise taking into their consideration the Condition and Constitution of the present government here at home concluded that they were in no capacity to give unlesse their grievances were first red ressed and removed For Mr. Speaker it then was and still is most manifest and apparent that by some judgements lately obtained in Court of Justice and by some new wayes of Government lately st rted up amongst us the Law of property is so much shaken that no man can say he is Master of any thing But all that we have wee hold as Tenants by courtesie and at will and may be stripped of it at pleasure Yet Mr. Speaker desirous to give his Majestie all possible satisfaction and contentment as well in the manner of supply for expedition as in the substance and matter of it wee confined and limitted our selves but to three particulars onely and to such matters as properly and naturally should have reference and relation to those three heads 1. The first was the priviledges of Parliament 2. The second matters of Religion 3. The third the propriety of our goods and Estates And we began with the first as the great Ark in which the other two Religion and property are included and preserved Mr. Speaker the violations complained of the last Parliament touching our priviledges were of two sorts either such as had beene done in Parliament or out of Parliament Concerning the violations of the first sort it was resolved by vote that the Speaker refusing to put a question being
Let every man wipe his heart as he does his eyes when hee would judge of a nice and subtile object The eye if it be pretincted with any colour is vitiated in its discerning Let us take heed of a blood-shotten-eye of Judgement Let every man purge his heart cleare of all passions I know this great and wise body politick can have none but I speak to inviduals from the weaknesse which I finde in my selfe Away with personall animosities away with all flatteries to the people in being the sharper against him because he is odious to them away with all feares lest by the sparing his bloud they may be incenst away with all such considerations as that it is not fit for a Parliament that one accused by it of Treason should escape with life Let not former vehemence of any against him nor feare from thence that he cannot be safe while that man lives be an ingredient in the sentence of any one of us Of all these corruptives of judgement Mr. Speaker I doe before God discharge my self to the uttermost of my power And doe with a cleare Conscience wash my hands of this mans blood by this solemne protestation that my Vote goes not to the taking of the Earle of Straffords life FINIS The Two last SPEECHES of Thomas Wentworth Late Earle of Strafford and Deputy of Ireland His speech in the Tower to the Lords RIght Honourable and the rest you are now come to convey me to my death I am willing to dye which is a thing no more than all our Predecessors have done and a debt that our Posterity must in their due time discharge which since it can be no way avoyded it ought the lesse to be feared for that which is common to all ought not to be intollerable to any It is the Law of Nature the tribute of the flesh a remedie from all worldly cares and troubles and to the truly penitent a perfect path to blessednesse And there is but one death though severall wayes unto it mine is not naturall but inforced by the Law and Iustice it hath been sayd that the Lawes vex only the meaner sort of people but the mighty are able to withstand them it is not so with me for to the Law I submit my self and confesse that I receive nothing but Iustice for he that politikly intendeth good to a Common-weale may be called a just man but he that practiseth either for his own profit or any other sinister ends may be well termed 2 delinquent person neither is delay in punishment any privilege for pardon And moreover I ingenuously confesse with Cicero That the death of the bad is the safety of the good that be alive Let no man trust either in the favour of his Prince the friendship and consanguinity of his Peeres much lesse in his own wisedome and knowledge of which I ingeniously confesse I have been too confident Kings as they are men before God so they are Gods before men and I may say with a great man once in this kingdome Had I strived to obey my God as faithfully as I sought to honour my King fraudulently I had stood and not fallen Most happie and fortunate is that Prince who is as much for his justice feared as for his goodnes beloved For the greater that Princes are in power above other the more they ought in verrue to excell other and such is the royall Soveraign whom I late served For my Peeres the correspondence that I had with them during my prosperity was to me very delightfull and pleasing and here they have commiserated my ruine I have plentifully found who for the most generous of them I may boldly say though they have detested the fact yet they have pitied the person delinquent the first in their loyaltie the last in their charitie ingenuously confessing that never any Subject or Peere of my rank had ever that help of Counsell that benefit of time or a more free and legall tryall than I have had of the like to which none of my Predecessors hath had so much favor from his Prince so much sufferance from the people in which I comprehend the understanding Commons not the many headed monster Multitude but I have offended and sentenced and must now suffer me And for my too much confidence in my supposed wisdome and knowledge therein have been the most deceived For he that is wise to himself and knowes by others faults to correct his own offences to be truly wise is to be Secretaries to our selves for it is meere folly to reveale and intimate thoughts to strangers wisdome is the most precious Gem with which the minde can be adorned and learning the most famous thing for which a man ought to be esteemed and true wisedome teacheth us to do well as to speak well in the first I have failed for the wisedome of man in foolishnesse with God For knowledge it is a thing indifferent both to good and evill but the best knowledge is for a man to know himself he that doth so shall esteem of himself but little for he considereth from whence he came and whereto he must he regardeth not the vain pleasures of this life he exaiteth God and strives to live in his fear but he that knoweth not himself is wilfull in his own wayes unprofitable in his life unfortunate in his death and so am I. But the reason why I sought to attain unto it was this I have read that he thâ—t knoweth not that which he ought to know is a bruit beast amongst men he that knoweth more then he ought to know is a man amongst beasts but he that knoweth all that may be known is a God amongst men To this I much aspired in this I much failed Vanitie of Vanities all is but vanity I have heard the people clamour and cry out saying That through my occasion the times are bad I wish that when I am dead they may prove better most true it is that there is at this time a great storm in ending God in his mercie avert it And since it is my particular lot lik Jonab to be cast into the sea I shall think my life well spent to appease Gods wrath and satisfie the peoples malice O what is eloquence more than air fashioned with an articulate and distinct sound when it is a speciall vertue to speak little and well and silence is oft the best oratory for sools in their dumbnesse may be accounted wise It hath power to make a good matter seem bad and a bad cause appear good but mine was to me unprofitable and like the Cypresse trees which are great and tall but altogether without fruit What is honour but the first step to disquietnesse and power is still waited on by envy neither hath it any priviledge against infamy It is held to be the chiefe part of honour for a man to joyn to his office and calling courtesie and affability commiseration and pity for thereby he draweth to
publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
this next Michaelmas Let thither also reach their prescribed time for liberty And that till then their protections shall remain in as full vertue and authority as if the Parliament were actually sitting To the Right Honorable the LORD Deputie SHewing that in all ages past since the happy subiection of this Kingdome to the imperiall Crown of England it was and is a principall study and Princely care of his Maiesty and his most Noble Progenitors Kings and Queens of England and Ireland to the vast expence of Treasure and bloud that their loyall and dutifull people of this land of Ireland being now for the most part derived from the Brittish Ancestor should be governed according to the municipiall and fundamentall lawes of England that the Statute of Magna Charta or the great Charter for the liberties of England and other laudable lawes and Statutes were in severall Parliaments here enacted and declared that by the means thereof and of the most prudent and benigne government of his Maiestie and his royall Progenitors this Kingdome was untill of late in its growth to a flourishing estate whereby the said people were hertofore enabled to answer their humble and naturall desires to comply with his Maiesties Royall and Princely occasions by the free gift of 150000 l. ster and likewise by another gift of 120000 l. ster more during the government of the Lord Viscount Faulk-land and after by the gift of 40000. l. and their free and chearfull gift of 6. entire Subsidies in the 10. year of his Maiesties Reign which to comply with his Maiesties then occasions signified to the then H. of Commons they did allow should amount in the collections unto 250000. l. although as they confidently beleeve if the sayd Subsidies had not been levied in a moderate Parliamentary way they would not have amounted to much more than half the said sum besides the four entire Subsidies granted in this present Parliament So it is may it please your Lordship that by the occasion of the ensuing and other grievances and innovations though to his Maiestie no considerable profit this Kingdome is reduced to that extreme and universall poverty that the same is now lesse able to pay a Subsidie then it was heretofore to satisfie all the before recited great payments and his Maiesties most faithfull people of the same do conceive great fears that the grievances and the consequences therof may hereafter be drawn into precedents to be perpetuated upon their posterity which in their great hopes and strong belief they are perswaded is contrary to his Maiesties Royall and Princely intention towards his said people some of which said grievances are as followeth I. First the generall and apparent decay of Trades occcasioned by the new and illegall raysing of the book of Rates and Impositions as xii d. a piece custome for Hides bought for 3.4 or 5. s. and many other heavie Impositions upon native and other commodities exported and imported by reason thereof and of the extream usage and sensures Marchants are beggered and both disinabled and discouraged to trade and some of the honorable persons who gain thereby are often Iudges and parties and that in conclusion his Maiesties profit therby is not considerably advanced II. Secondly the arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lievetenant and Lord Deputy and infinite other Iudicators upon references from them derived in the nature of all actions determinable at the Common-law not limited unto certain times seasons causes and things whatsoever and the consequence of such proceedings by receiving imomoderate and unlawfull fees by Secretaries Clerkes Pursivants Serjants at Armes and otherwise by which kinde of proceedings his Majesty loseth a considerable part of his Revenue upon originall writs and otherwise and the Subject loseth the benefit of his writ of error Bill of reversall vouchers and other legall and just advantages and the ordinary course and Courts of Justice declined III. Thirdly the proceedings in civill causes at the Councell boord contrary to the law and great Charter and not mitted to any certain time or season IV. Fourthly that the Subject is in all the materiall parts thereof denyed the benefit of the principall graces and more especially of the Statute of Limitations of the 21. Jan. granted by his Majesty in the 4 year of this Reign upon great advice of the Counsell of England and Ireland and for great consideration and th n published in all the Courts of Dublin and in all the Courts of this Kingdome in open Assizes whereby all persons do take notice that contrary to his Majesties plous intention his Subiects of this Land have not enioyed the benefit of his Maiesties Princely promise thereby made V. Fiftly the extraiudiciall avoyding of Letters Patents of estates of a very great part of his Maiesties Subiects under the great Seale the publique faith of the Kingdome by private opinions delivered at Councell Boord without legall Evictions of their estates contrary to the Law and without precedent or example of any former age VI. Sixtly the Proclamation for the sole exemption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means wherof thousands of Families within this Kingdome and of his Maiesties subiects in severall Islands and other parts of the West Judies as your Petitioners are informed are destroyed and the most part of 〈◊〉 Coyne of this Kingdome is ingrossed into particular hands Insomuch that your Petitioners do conceive that the profit arising and ingrossed thereby doth surmount his Maiesties Revenues certaine and casuall within this Kingdome and yet his Maiestie receiveth but very little profit by the same VII Seventhly the unusuall and unlawfull increasing of Monopolies to the advantage of few to the disprofit of his Maiesty and the impoverishment of his people VIII Eighthly the extream and cruell usage of certain late Commissioners and other towards the Brittish Farmers and Inhabitants of the City and County of London-derry by meanes whereof the worthy plantation of that Country is almost destroyed and the Inhabitants are reduced to great poverty and many of them forced to forsake the Country the same being the first and most usefull Plantation in the large Province of Vlster to the great weakning of the Kingdome in this time of danger the sayd Plantation being the principall strength of those parts IX Ninthly the late erection of the Court of high Commission for causes Ecclesiasticall in these necessitous times the proceedings of the sayd Court in many causes without legall warrant and yet so supported as prohibitions have not been obtained though legally sought for and the excessive fees exacted by the ministers thereof and the incroaching of the same upon the iurisdiction of other Ecclesiasticall Courts of this Kingdome X. Tenthly the exorbitant and Barbarous Fees and pretended Customes exacted by the Clergie against the Law some of which have beene formerly represented to your Lordship XI Eleventhly the
would scarce remunerat the iniuries repay the losses of this suffering Nation since the pronouncing of that fatall sentence What proportionable satisfaction then can this Common-wealth receive in the punishment of a few inconsiderable Delinquents But 't is a Rule valid in Law approved in equity that Qui non habent in crumen Luant in Corpore And 't is without all question in policy exemplar punishments conduce more to the safety of a State than pecuniary reparations Hope of impunity lulls every bad-great-officer into security for his time and who would not venture to raise a Fortune when the allurements of honour and wealth are so prevalent if the worst is can fall be but Restitution We see the bad effects of this bold-erroneous opinion what was at first but corrupt Law by encouragement taken from their impunity is since become false Doctrine the people taught in Pulpits they have no property Kings instructed in that destructive principle that all is theirs and is thence deduc'd into necessary state-policy whispered in counsell That he is no Monarch who is bounded by any Law By which bad consequences the best of Kings hath bin by the infusion of such poysonous positions diverted from the sweet inclinations of his own Naturall Equity and Justice the very essence of a King taken from him which is preservation of his people and whereas Salus populi is or should be Suprema Lex the power of undoing us is masqu'd under the stile of what should be Sacred Royall Prerogative And is it not high time for us to make examples of the first authors of this subverted Law bad Counsell worse Doctrine Let no man think to divert us from the pursuit of Iustice by poysoning the clear streams of our affections with jealous sears of his Majesties Interruption if we look too high Shall we therefore doubt of Iustice because we have need of great Justice We may be confident the King well knows That his Iustice is the Band of our Allegiance That 't is the staffe the proof of his Soveraignty 'T is a happy assurance of his intentions of grace to us that our loyalty hath at last won him to tender the safety of his people and certainly all our pressures weighed this 12 yeers last past it will be found the passive loyalty of this suffering Nation hath our-done the active duty of all Times and Stories As the Poet hath it fortiter ille facit qui miser esse potest I may as properly say Fideliter fecimus we have done loyally to suffer so patiently Then since our Royall Lord hath in mercy visited us let us not doubt but in his Justice he will redeem his people Qui timidè rogat docet negare But when Religion is innovated our Liberties violated our Fundamentall Laws abrogated our modern Laws already obsoleted the propriety of our Estates alienated Nothing left us we can call our own but our misery and our patience if ever any Nation might iustifiably this certainly may now now most properly most seasonably cry out and cry aloud vel Sacra Regnet Iustitia vel Ruat Coelum Mr. Speaker the summe of my humble motion is that a speciall Committee may be appointed to examine the whole carriage of that Extraiudiciall iudgement Who were the Counsellors Soliciters and subscribers to the same the reasons of their Subscription whether according to their opinions by importunity or pressure of others whether proforma tantum And upon report thereof to draw up a charge against the guilty and then Lex Currat Fiat Iustitia A brief Discourse concerning the power of the Peers and Commons of Parliament in point of Iudjcature SIR to give you as short an account of your desires as I can I must crave leave to lay you as a ground the frame or first modell of this State When after the period of the Saxon time Harold had lifted himself into the Royall Seat the Great men to whom but lately he was no more equall either in fortune or power disdaining this act of arrogancy called in William then Duke of Normandy a Prince more active than any in these Western parts and renowned for many victories he had fortunately atchieved against the French King then the most potent Monarch in Europe This Duke led along with him to this work of glory many of the younger sons of the best families of Normandy Picardy and Flanders who as undertakers accompanied the undertaking of this fortunate man The Usurper slain and the Crown by war gained to secure certain to his posterity what he had so suddenly gotten he shared out his purchase retaining in each County a portion to support the Dignity Soveraign which was styled Demenia Regni now the ancient Demeans and assigning to others his adventures such portions as suited to himself dependancy of their personall service except such Lands as in free Almes were the portion of the Church these were styled Barones Regis the Kings immediate Freeholders for the word Baro imported then no more As the King to these so these to their followers subdivided part of their shares into Knights fees and their Tenants were called Barones Comites or the like for we finde as in the Kings Writ in their Writs Baronibus suis Francois Anglois the Soveraigne gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the one and a Baron of the inferiour donations to Lords of Town-ships or Mannors And thus the Land so was all course of Iudicature divided even from the meanest to the highest portion each severall had his Court of Law preserving still the Mannor of our Ancestors the Saxons who jura per pages reddebant and these are still tearmed Court-Barons or the Freeholders Court twelve usually in number who with the Thame or chief Lord were Iudges The Hundred was next where the Hundredus or Aldermanus Lord of the Hundred with the chief Lord of each Township within their limits iudged Gods people observed this form in the publike Centureonis decam Judicabant plebem omni tempore The County or Generale placitum was the next this was so to supply the defect or remedy the corruption of the inferiour Vbi Curiae Dominorum probantur defecisse pertinet ad vice comitem Provinciarum the Iudges here were Comites vice comites Barones Comitatus qui liberas in hoc terras babeant The last and supreme and proper to our question was generale placitum apud London universalis Synodus in Charters of the Conquerour Capitalis curia by Glanvile Magnum Commune consilium coram Rege magnatibus suis In the Rolles of Henry the 3. It is not stative but summoned by Proclamation Edicitur generale placitum apud London saith the book of Abingdon whether Epium Duces principes Satrapae Rectores Causidici ex omni parte confluxerunt ad istam curiam saith Glanvile Causes were referred Propter aliquam dubitationem quae emergit in comitatu cum
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
it that it may quadrare with the great Charter of our liberties and the Laws of this Kingdom This Court hath for many yeers together ridden upon the back of the common Law Courts which ought to have been subservient to them Each river must be kept within its own bounds and it is unpossible to have two Suns shine together in one Firmament They have likewise many superfluous Courts which I conceive might very well be spared as their Officiall Courts and Commissary Courts Sir they are no better than cozening Lotteries where the Kings Subjects are detained of their moneyes and where their Judges and inferiour Officers do like Physitians that alway cure themselves though they destroy their patients I confesse I could willingly give my consent that they should keep their Chancellors Court and an Archdeacon Court if such limits and bounds were put upon them as by the wisedom of this House may easily be done The Chancellor is custos consciencie the Keeper of the Bishops conscience and the Archdeacon is oculus Episc the Bishops eye And as I would not take away their consciences or their eyes so I would not have them like Briarius have their finger in every businesse This Sir I have shortly presented you with my opinion that is that I am not willing it that should be referred to or committed upon the point of subversion but I am willing it should be referred upon the point of reformation And if the sence of the House shall run that way I doubt not but at the Commitree I shall make it manifest that my heart stands affected with as much zeal for the having a reformation as any man that sits within these walls DENSELL HOLLIS Esquior His speech at the deliverie of the Protestation to the LORDS May the fourth 1641. My Lords THe Kuights Citizens and Burgesses of the House of Commons having taken into their consideration the present estate and condition of this Kingdome they finde it surrounded with variety of pernicious dangers and destructive designes practises and plots against the well being of it and some of those designes hatched within our owne bowells and Viper-like working our own destruction They finde Jesuits and Priests conspiring with ill ministers of State to destroy our Religion they finde ill ministers conioyn'd together to subvert the Lawes and liberties They finde obstructions of Justice which is the life-bloud of every State and having a free passage from the Soveraign power where it is as primarily seated as the life-bloud in the heart and there derived from the severall Judicatories or through so many veins into all the parts of this great collective Bodie doth give warmth and motion to every part and member which is nourished and inlivened by it But being once precluded stoppd and reared as the particular must of necessity faint and languish so must the whole frame of government be dissolved And consequently Soveraignty it selfe which as the heart in the body is primum movens ultimum moriens must dye and perish in the generall dissolution and all things as in the beginning in antiquum Chaos My Lords They finde the property of the Subject invaded and violated his estate rent from him by illegall taxations Monopolies and proiects almost upon every thing that is for the use of man not only upon superfluities but necessaries and that enrich the Vermine and Caterpillers of the Land and impoverishing good Subiects to take the meat from the Children and give it to Dogs My Lords if the Commons finde these things they conceive they must needs be ill counsels that have brought us into this condition These Counsels have put all into a combustion have discouraged the hearts of all true English men and brought two Armies into our bowels which is the Unlture upon Prometheus eats through and sucks and gnaws our very hearts out Hic Dolor sed ubi Medicina Heretofore Parliaments were the Catholicall the balm of Gilead which healed our wounds restored our spirits and made up the breaches of the Land But of late years they have been like the Fig-tree in the Gospel without effecacie without fruit onley destructive to their particular members who discharged their duties and consciences no way beneficiall to the Common-welth Nohis exitiale nec Reipublico profuturum As he saith in Tacitus being taken away still as Elias was with a whirle-wind never comming to any maturity or to their naturall end whereas they should be like the blessed old maâ— who dieth plenus dierâ—â—â— in a full ago after he had fought a good fight and overcomâ— all his enemies Or as the shâ—cke of wheat wâ—ich commeth in due season to fill our Garnaries with corn uphold our lives with the staffe of bread for Parliaments are our panis quotidianus our true bread all other waies are but Quelkachees which yeeld no true nourishment bread nor good blood The very Parliament which hath sate so long hath but beat the Ayre and strive against the streame I may truly say the wind and tyde hath still been against us The same ill counsell which first raised the storm and almost shipwrackt the Common-wealth they still continue they blow strong like the East wind that brought the Locusts over their Counsells crosse our designes cast difficulties in our way hinder our proceediâ—gs and make all that we do to be fruitlesse and ineffectuall They make us not masters of our busines and so not masters of many which have been the great busines of this Parliament that we might pay the Armies according to our promises and engagements For my Lords our not effecting of the good things which we have undertaken for the good of the Church and of the Common-wealth hath wounded our Reputation and taken off from our credit Is it not time then my Lords that we should unite and concentrate our selves in regard of this Anteparisiasis of hurtfull and malicious intentions and practises against us My Lords it is most agreeable to nature and I am sure most agreeable to reason in respect of the present coniuncture of our affairs for one main Engine by which our enemies work our mischief is by infusing an opinion and bâ—leiâ— into the world that we are not united among our selves But like Sampsons Foxes we draw severall wayes and tend to our severall ends To defeat the Counsels of these Achitophels which would involve us Our Religion our being our Lawes our liberties all that can be neere and deere unto an henest soule in one universall and generall desolation to defeat I say the Counsels of evill Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to be specially entrusted with the preservation of the whole and in their Conscience are perswaded that the dangers are so eminent as they will admit of no delay have thought fit to declare their united affections by entring into an assosciation amongst themselves and by making a solemne Protestation and vow unto their God that they will
the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heirs and Successors others than the said Earl and his heirs and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been The first Speech concerning the the right of Bishops to sit in Parliament May 21. 1641. My Lords I Shall take the boldnesse to speak a word or two upon this subject first as it is in it self then as it is in the consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the conquest and by the same power and the same right the other Peers did and your Lordships now do and to be put from this their due so much their due by so many hundred yeers strengthned and confirmed and that without any offence nay pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclefiasticall vocation an argument I heare much of hath in my apprehension more of shadow then in substance in it if this be a reason sure I am it might have been one six hundred yeers ago A Bishop my Lords is not so circumscribed within the circumference of his Diocesse that his sometimes absence can be termed not in the most strict sense a neglect or hindrance of his duty no more than that of a Zievetenant from his Count y they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides my Lords the lesser must yeeld to the greater good to make wholesome and good Lawes for the happy and well regulating of the Church and Common-wealth is certainly more advantagious to both then the want of the personall execution of their office and that but once in three years and then peradventure but a moneth or two can be prejudiciall to either I will go no further to this which experience hath done so fully so demonstratively And now my Lords by your Lordships good leave I shall speak to the consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniencies are ever best prevented è longinquo this president comes neer to your Lordships and such a one mutato nomine de vobis Pretences are never wanting nay sometimes the greatest evils appeare in the most faire and specious out-sides witnesse the Shipmony the most abominable the most illegall thing that ever was and yet this was painted over with colour of the Law what Bench is secure if to alleage be to convine and which of your Lordships can say then he shall continue a member of this House when at one blow twenty six are cut off It then behoves the Neighbour to look about him cum proximus ardet Vcalegon And for the Bishops my Lords in what condition will you leave them The House of Commons represents the meanest person so did the Master his slave but they have none to do so much for them and what justice can tie them to the observation of those Lawes to whose constitution they give no consent the wisdome of former times gave proxies unto this House meerly upon this ground that every one might have a hand in the making of that which he had an obligation to obey This House could not represent therefore proxies in roome of persons were most justly allowed And now my Lords before I conclude I beseech your Lordships to cast your eyes upon the Church which I know is most dear and tender to your Lordships you will see her suffer in her principall members and deprived of that honor which here and throughout all the Christian World ever since Christianity she constantly hath enjoyed for what Nation or Kingdome is there in whose great and publike assemblies and that from her beginning she had not some of hers if I may not say as essentiall I am sure I may say as integrall parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as hers even Heathenisme claims an equall share I never read of any of them Civill or Barbarous that gave not thus much to their Religion so that it seems to me to have no other originall to flow from no other spring than Nature it selfe But I have done and will trouble your Lordships no longer how it may stand with honor and justice of this House to passe this Bill I most humbly submit unto your Lordships the most proper and only Juges of them both The second Speech about the lawfulnesse and convenieny of their intermedling in Temorall Affaires My Lords I Shall not speake to the Preamble of the Bill that Bishops and Clergie men ought not to intermeddle in temporall offairs For truly my Lords I cannot bring it under any respect to be spoken of Ought is a word of relation and must either refer to humane or divine Law to prove the lawfulnesse of their intermedling by the former would be to no more purpose than to labour to convince that by reason which is evident to sense It is by all acknowledged The unlawfulnesse by the latter the bill by no means admits of for it excepts Universities and such persons as shall have honour descend upon them And your Lordships know that circumstance and chance alter not the nature and essence of a thing nor can except any particular from an universall proposition by God himself delivered I will therefore take these two as granted first that they ought by our Law to intermeddle in temporall affairs secondly that from doing so they are not inhibited by the Law of God it leaves it at least as a thing indifferent And now my Lords to apply my self to the businesse of the day I shall consider the conveniency and that in the severall habitudes thereof but very briefly first in that which it hath to them meerly as men qua tales then as parts of the Common-wealth Thirdly from the bâ—st manner of constituting laws and lastly from the practice of all times both Christian and Heathen Homo sum nihil humanum
à me alienum puto was indeed the saying of the Comedian but it might well have becom'd the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason must onely man be hindered from his proper actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with conscience So is not ignorance they seldome or never meet And why should we take that capacity from them which God and nature have so liberally bestowed My Lords the politike body of the Common-wealth is analogicall to the body naturall every member in that contributes something to the contribution of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truely my Lords to be part of the other body and do nothing beneficiall thereunto cannot fall under a milder term The common-wealth subsists by laws and their execution and they that have neither head in the making nor hand in the executing of them conferre not any thing to the being or well being thereof And can such be called members unlesse most unprofitable ones onely fruges consumere nati Me thinks it springs from nature it self or the very depths of Justice that none should be tied by other Laws than himself makes for what more naturall or just than to be bound onely by his own consent to be ruled by anothers will is meerly tyrannicall Nature there suffers violence and man degenerates into beast The most flourishing Estates were ever governed by Laws of an universall constitution witnesse this our Kingdom witnesse Senatus populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternall memory Some things my Lords are so evident in themselves that they are difficult in their proofs Amongst them I reckon this inconveniency I have spoken of I will therefore use but a word or two more in this way The long experience that all Christendom hath had hereof for these 1300 yeers is certainly argumentum ad bominem Nay my Lords I will go further for the same reason runs thorow all Religions never was there any Nation that employed not their religious men in the greatest affairs But to come to the businesse that lies now before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publike The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evill they may do which yet your Lordships do not know and I am confident never shal suffer A position ought not to be destroyed by a supposition à posse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours do it negatively in answering some inconveniences that may seem to arise Object 1 For the Text No man that warres intangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be tearms equivalent Besides my Lords though this was directed to a Church-man yet it is of a generall nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum Object 2 It may be said that it is inconsistent with a spirituall vocation truely my Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects nature and raises it to a heighth above the common altitude and makes it most fit for those great works of God himself to make Laws to do Iustice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. Object 3 But though in strict tearms this be not inconsistent yet it may peradventure hinder the duty of their other calling My Lords there is not any that sits here more for preaching than I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600 yeers acquaintance should make the Gospel of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to vertue dehortations from vice and partly in easing the burdened conscience These my Lords compleat the office of a Church-man Nor are they altogether tied to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be tearmed the breach of them all I must adde one more an essentiall one the very form of Episcopacy that distinguisheth it from the inferiour Ministry the orderly and good government of the Church and how many of these I am sure not the last my Lords is interrupted by their sitting here once in 3 yeers and then peradventure but a very short time and can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperour Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted with about his military affairs as Eusebius has it in his life lib. 4. c. 56. Object 4 Reward and punishment are the great negotiators in all worldly businesses these may be said to make the Bishops swim against the stream of their consciences and may not the same be said of the Laity Have these no operations but onely upon them Has the King neither frown honour nor offices but onely for Bishops Is there is nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will go against the light of their understanding The holinesse of their calling their knowledge their freedoms from passions and affections to which youth is very obnoxious their vicinity to the gates of death which though not shut to any yet alwayes stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a poeticall not a logicall argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Iudge Magistrate nor Officer more A personall
crime goes not beyond the person that commits it nor can anothers fault be mine offence If they have contracted any filth or corruption through their own or the vice of the times cleanse and purge them thorowly But still remember the great difference between reformation and extirpation And he pleased to think of your Triennall Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of vertue I have now my Lords according to my poor ability both shewed the conveniences and answered those inconveniences that seem to make against them I should now propose those that make for them As their falling into a condition worse than slaves not represented by any and then the dangers and inconveniences that may happen to your Lordships but I haue done this heretofore and will not offer your Lordships Grambenbis coctam A Speech in Parliament delivered by Mr. PEARD against the Oath Ex Officio 1640. Mr. SPEAKER I Assure my selfe we are here met to discover and reforme as much as in us lyeth all abuses of the Church and Common-wealth many and great ones have been spoken against some contrary to all Law and some established by new Lawes contrary to all Law The Wolfe having put on the Lions skinne and rapine presuming to passe undiscovered under the robe of Justice But I shall not neede to light a candle to search out that which already the sunne hath made manifest That which I shall speak hath not been spoken but if I shall speak that that shall seeme to be against Law I humbly crave the pardon of this House since if it be law it is summum jus Law without conscience That which I shall speake against is the Oath Ex Officio It is acknowledged by themselves that Administer this Oath that it is unjustly done to tender it to any man unlesse there be a publique Fame or particular Presentment or Articles testified against him I make no question but the practice of this confest Injunction wil be found cōmon amongst them And I hope it shal be severely censured since unjust proceedings upon unjust grounds are double Injustice I shall therefore leave that as a plaine case and examine their best grounds First Fame they say is a just cause for them to take Cognizance of a matter to proceed against it Fame we know may arise upon very small and groundlesse suspitions by secret whisperings creeping at first but quickly gets it wings And as the Poët saith Creseit eundo This is the manner of all Fame if this be Fame their Court shall never want worke as long as a Promooter hath an ill tongue or a knave can slander an honest man Therefore I thinke Fame no good ground to proceed upon If Fame be just what most men speake certainly some men will testifie No man will testifie it is false Let no accusation then stand but out of the mouthes of two or three witnesses of Presentments are a just ground of proceedings in all Courts and upon all causes But neither witnesses nor presentments are or can be a just ground of the Oath Ex officio For if the partie accused be examined no further then is testified then the Oath Ex Officio is superfluous If he be examined further or upon other matters then is testified then a man is made to betray himselfe which is unjust Mr. Speaker such is the Mercy of the Common Law that Murderers and Poysoners are not examined upon the rack but the Civill law upon every occasion racketh the Conscience These are the Lyme-twigs which were set to catch the poore Martyrs in Queene Maries daies And in our daies I dare beleeve it will appeare that some good men are fallen into this snare Mr. Speaker If the foundations faile what shall the buildings doe If the conformity of good men shall undoe them who shall stand I desire nothing but that evill men may suffer I desire the Law may punish not make offenders I desire that our words and actions at this time and at other times may be subject to the Law I would have thought free Mr. Speakers Letter to Sir Jacob Ashley SIR WEE have had cause to doubt that some ill affected persons have endeavoured to make a mis-understanding in the Army of the intentions of the Parliament towards them To take away all mistaking in that kinde the house of Commons have Commanded me to assure you that they have taken the affaires of the Army into their serious Care And though for the present their moneys have not come as they wished and as was due by reason of the many distractions and other Impediments which this House could no wayes avoid yet they rest most assured that they shall not onely have their full pay but the House will take their merits into their further consideration in regard they take notice that notwithstanding their want and endeavours of those ill-affected persons they have not demeaned themselves otherwise then as men of honor and well affected to the Common-wealth which this House takes in so good part that we have already found out a way to get money for a good part of their pay and will take the most speedy course we possibly may for the rest From my house at Charing-Crosse the 4th of this present Moneth of May. 1641. So I remain Your very Loving Friend SIR 'T is the pleasure of the House that this Letter be Communicated to the Army to the end their Intentions may be cleerly understood by them Sir BENJAMIN RUDYERDS Speech Tuesday the 29. Decem. Mr. SPEAKER THe principall part of this businesse is Moneys and now we are about it I shall be glad we may give so much as will not only serve the turn for the present but likewise to provide that it come not quick upon us againe I beleeve that the two subsidies are spent already Wee know how much time this businesse hath cost us if we be but halfe as long about another it may cost more then money For if two Armies should be driven to extreame necessitie and they will be Judges of their owne necessitie we shall not be able to sit here and give more though we would Believe it Sir this is the businesse of all the businesses in the House of all the businesses in the Kingdom If we stand hacking for a little money wee may very thriftily lose all we have this being a businesse of so peremptory and destructive a nature Wherefore Mr. Speaker my humble and earnest motion is that we may dispatch it fully and at once If there should be an overplus of money remaining wee can soone resolve how to dispose of it Foure subsidies will doe the worke if they be given presently for every day tells us that we are not so much Masters of our owne time and occasions as to doe nothing when we would Let us doe this whilest we may though I dwell not
of devises that can sustain the expence of a Monarchy but sound and solid courses for so are the words She followed their a devise and began to reduce the money the moneys to their elder goodnesse stiling this worke in her first Proclamation Anno 30. a famous Act. The next year following Anno 30. having perfected as it after stood She telleth her people by another Edict That She had conquered now that monster that had so long devoured them meaning the variation of the standard And so long as that sad adviser lived She never though often by Projectors importuned could be drawne to any shift or change in her Moneys To avoyd the trouble of permutation Coyners devised as a rule and measure of Marchandize and Manufactaries which if mutable no man can tell either what he hath or what he oweth no contract can be certain and so all commerce both publike and private destroyed and men again enforced to permutation with things not subject to will and fraud The Regulating of Coyn hath been left to the care of Princes who have ever beene presumed to be the Fathers of the Common-wealth upon their honors they are debtors and warrants to the subjects in that behalfe They cannot saith Bodin alter the price of moneys to the preiudice of the subiect without incurring the reproach of Faux moneyars And therefore stories terme Phillip le Belle falsificator de monet omnino monet integritas debet quaeri ubi vultiis noster Imprimatur said Theodoret the Goth to his Mint-master Quidnam erit tutum si nostra peccetur effigie Princes must not suffer their faces to warrant falshood Although I am not of opinion with the Minor des Justices the ancientest books of the common-Common-Law That Le Roy ne poit sa money impaire ne a mander saus Lassent des touts les Counties which was the great counsell of the Kingdome Yet cannot I passe over the goodnesse and grace of many other our Kings as Edw. 1. Edw. 3. Hen. 4. and the 5th and others who out of the rule of their Justice Quod ad omnes specrat ob omnibus debet approbari have often advised with their people in Parliament both for the Allay weight number of peeces rate of Coynage and exchange and most with infinite goodnesse acknowledg the care and Justice now of my good Master and your Lordships wisedomes that would not upon the information of some few officers of the Mint before a free and carefull debate put in execution this Proiect. Yet I must under your Lordships favour suspect it would have taken away the tenth part of every mans due debt or rent alreadie reserved throughout the Realm not sparing the King which could have been little lesse then a species of that which the Roman stories call Tabula nova from whence every sedition hath sprang as that of Marius Grantidianus in Livio who pretending in his Consulship thatt the currant money was wasted by us called it in and altered the Standard which grew so heavie and grievous to the people as the Author sayth because thereby no man knoweth certainly his wealth that it caused a tumult In this last part which is the disprofit that the enfeobling the Coyn will bring both to his Maiesty and to the Common-wealth I must distinguish the moneyes of gold and silver as they are bullion and commodities and as they are measures the one of the extrinsique quality which is at the Kings pleasure as all other measures to name the other the intrinsique quality of pure mettall which is in the Merchant to value as their measure shall be either to be lessened or enlarged so is the quantity of the commodity that is to be exchanged if then the King shall cut his shilling or pound in money lesse than it was before a lesse portion of such commodities as shall be exchanged for it must be received it must then of force follow that all things of necessity as victualls apparell and the rest as well as those of pleasure must be inhaunsed If then all men shall receive in their shillings and pounds a lesse proportion of silver and gold than they did before this projected alteration and pay for what they buy at a rate enhaunsed it must cast upon all a double losse what the King will suffer by it in the Rents of his lands is demonstrated enough by the alteration since the 18 of Ed. 3. when all the Revenues of the Crown came unto the receipts pondere numero after 5 Groats the Ounce which since that time by severall changes of the Standard is come to 5 s. whereby the King hath two third parts of his just Revenues In his Customes the book of rates being regulated by pounds and shillings his Majesty must lose alike and so in all and whatsoever moneyes that after this he must receive the profits of his Coynage cannot be much more permanent in the losse lasting and so long as it reacheth to little lesse than yeerly to accept part of his Revenue for in every pound tale of gold is 7 Ounces 1 d. weight and 19 grains losse which 25 l. in accompt and in 700 l. tail of silver which is 14 l. 17 s. more And his Majesty shall undergo all this losse hereafter in all his receipts so shall he no lesse in all his dibursments the wages of his souldiers must be ratably advanced as the money is decreased This Edward the 3 as appeareth by the accounts of the Wardrobe and Exchequer as all the Kings after him were inforced to do as often as the lessened Standard of the moneyes of what shall be bought for his Majesties service must in like manner be inhaunsed on him As his Majesty hath the greatest profits of receipts and issues so must be of necessity taste of the most losse by this device It will destroy or discourage a great proportion of the trade in England Impair his Maiesties Customes for that part being not the least that passeth upon trust and credit will be overthrown for all men being doubtfull of diminution hereby of there personall estates will call in their moneys already out and no man will part with that which is lying by him uppon apparant losse as this must bring what dammage may befall the State by such a sudden stand of Trade I cannot guesse The moneys both of gold and silver formerly Coyned and abroad richer then those intended will be made of the most nereby Bulloin and so transported which I conceive will be none of the least inducements that hath drawn so many Goldsmithes to side this Proiect that they may be thereby Factors for the Strangers who by the Law of Mintage bring but two shillings silver to the pound waight and 4 shillings for gold whereas with us the one is _____ and the other 5 shillings many make that profit beyond the Sea they cannot here and so his Maiesties Mint unset of worke And as his Maiesties losse appeareth in the alteration
price of moneys must rise and fall to fit their occasions we see this by raising the Exchange of Franckford and other places of their usuall time of the Marts This frequent and daily change in the Low-Countries of their moneys is no such injustice to any there as it would be here for there they being all Merchants or mechanicks they can rate accordingly their labour and their Ware whether it be Coyne or other merchandize to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongeth do so according to their just intrinsique valew of their forreign Coyn in all barter of commodities or Exchange except usance which we that are rated and tyed by the extrinsiques measure of moneys in all our constant reckonigs and annuall bargains at home cannot do And for us then to raise our Coyn at this time to equall their proportions were but to render our selves to a perpetuall incertainty for they will raise upon us daily them again which we of course shall follow else receive no profit by this present change and so destroy the Policie Justice honor and tranquilitie of our State for ever To the Right Honourable the Lord Deputy The â—â—mble and just Remonstrance of the Knights Cittizens and Burgesses in Parliament assembled SHewing that in all ages since the happy subjection of this Kingdome to the Imperiall Crowne of England it was and is a principall study and Princely care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast expence of treasure and blood That their loyall and dutifull people of this Land of Ireland beeing now for the most part derived from Brittish Ancestors should be governed according to the municipall and fundamentall Lawes of England That the statute of Magna Charta or the great Charter of the liberties of England and other laudable lawes and statutes were in severall Parliaments heere enacted and declared that by the means thereof of the most prudent benign government of his Majestie his Royall Progenitors this Kingdome was untill of late in its growth a flourishing estate whereby the said people were heretofore enabâ—ed to aâ—â—iver their humble and naturall desires to comply with his Majesties Princely and royall occasions by their free gift of 150. thousand pounds sterling and likewise by another free gift of 120. thousand pounds more during the government of the Lord Viscount Faulkland and after by the gift of 40. thousand pounds and their free and cheerefull gift of siâ—â— intire Subsidies in the tenth yeare of his Majesties Reignâ— which to comply with his Majesties then occasions signified to the then house of Commons they did allow should ammount in the Collections unto 2 hundred and fifty thousand pounds although as they confidently believe if the Subsidies had been levyed in a moderate Parliamentary way they would not have amounted to much more then halfe the sum aforesaid besides the foure intire Subsidies graunted in this present Parliament Soe it is may it please your Lordship by the occasion of insuing and other grievances and Innovations though to his Majesty no considerable profit this Kingdome is reduced to that extreame and universall poverty that the same is lesse able to pay 2 Subsidies then it was hertofore to satisfie all the before-recyted great payments his Majesties most faithfull people of the Land do conceive great fears that the said grievances and consequences thereof may be hereafter drawne into presidents to be perpetuated upon their posterity which in their great hopes and strong beliefe they are perswaded is contrary to his Royall and Princely intention towards his said people of which greivances are as followeth 1 First the generall apparant decay of Trades occasioned by the new and illegall raising of the booke of rates and impositions upon native and other Commodities exported and imported by reason whereof and of extreame usage and censures Merchants are beggered both and disinabled and discouraged to Trade and some of the honourable persons who gaine thereby often Iudges and parties And that in the conclusion his Majesties profit thereby is not considerably advanced 2. The arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lieutenant and Lord Deputy and infinite other Iudicatories upon references from them derived in the nature of all actions determinable at the Common Law not limited into certaine time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawfull fees by Secretaries Clarkes Pursivants Serjeants at Armes and otherwise by which kinde of proceedings his Majesty looseth a considerable part of his revenue upon originall writs and other wise and the Subject looseth the benefit of his writ of Error bill of reversall vouchees and other legall and just advantages and the ordinary course and Courts of Iustice declined 3. The proceedings in civill causes at Counsell board contrary to the Law and great Charter not limited to any certaine time or season 4 That the Subject is in all the materiall parts thereof denyed the benefit of the Princely graces and more especially of the statute of limitations of 21. of Iac. Graunted by his Majesty in the fourth yeare of his Raigne upon great advice of Counsell of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdome in open assizes whereby all persons doe take notice that contrary to his Majesties pious intentions his Subjects of this land have not enjoyed the benefit of his Majesties Princelie promise thereby made 5. The extrajudiciall avoyding of Letters Pattents of estates of a very great part of his Majesties subjects under the great Seale the publique faith of the Kingdome by private opinions delivered at the Counsell board without legall evictions of their estates contrary to the law and without president or example of any former age 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at every low rates and uttered at high and excessive rates by meanes whereof thousands of families within this Kingdome and of his Majesties Subjects in severall Ilands and other parts of the West Indies as your Petitioners are informed are destroyed and the most part of the coyn of this Kingdome is ingross ed into particular hands Insomuch as the petitioners do conceive that the proffit arising and engrossed thereby doth surmount his Majestyes revenue certain or cosuall within this Kingdome and yet his Majesty receiveth but very little profit by the same 7. The universall and unlawfull increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his people 8. The extream and cruell usage of certain late Commissioners and other stewards the Brittish Farmers and Inhabitants of the City and County of London Derry by meanes whereof the worthy Plantation of that Country is almost destroyed and the