This it was Master Speaker His advising the King to employ the Army of Ireland to reduce England This I was assured would be proved before I gave my consent to his accusation I was confirmed in the same beliefe during the prosecution and fortified in it most of all since Sir Henry Vaines preparatory examinations by the assurances which that worthy member Mr. Pymme gave me that his Testimony would be made convincing by some notes of what passed at the Junto concurrent with it which I ever understanding to be of some other Counsellour you see now prove but a Copie of the same Secretaries notes discover'd and produc't in the manner you have heard and those Such disioynted fragments of the venemous part of discourses no results no conclusions of Counsels which are the onely things that Secretaries should register there being no use at all of the other but to accuse and to bring men into danger But Sir this is not that which overthrowes the evidence with mee concerning the Army of Ireland nor yet that all the rest of the Iunto upon their oathes remember nothing of it But this Sir which I shall tell you is that which works with mee under favour to an utter overthrow of his evidence as unto that of the Army of Ireland Before whil'st I was a prosecutor and under tye of Secrecie I might not discover any weakenesse of the cause which now as a Judge I must Master Secretary was examined thrice upon Oath at the preparatory Committee The first time he was questioned to all the Interrogatories and to that part of the seventh which concernes the Army of Ireland he said positively in these words I cannot charge him with that But for the rest he desires time to recollect himselfe which was granted him Some dayes after he was examined a second time and then deposes these words concerning the Kings being absolved from rules of government and so forth very clearely But being prest to that part concerning the Irish Army againe can say nothing to that Here wee thought wee had done with him till divers weeks after my Lord of Northumberland and all others of the Junto denying to have heard any thing concerning those words of reducing England by the Irish Army it was thought fit to examine the Secretary once more and then he deposes these words to have beene said by the Earle of Strafford to his Majestie You have an Army in Ireland which you may imploy here to reduce or some word to that sence this Kingdome Mr. Speaker these are the circumstances which I confesse with my Conscience thrust quite out of dores that grand Article of our charge concerning his desperate advice to the King of employing the Irish Army here Let not this I beseech you be driven to an aspersion upon Master Secretary as if he should have sworn otherwise then he knew or beleeved hee is too worthy to doe that onely let thus much be inferr'd from it that hee who twice upon Oath with time of recollection could not remember any thing of such a businesse might well a third time misremember somewhat and in this businesse the difference of one Letter here for there or that for this quite alters the case the latter also being the more probable since it is confest of all hands that the debate then was concerning a warre with Scotland and you may remember that at the Bar he once said to employ there And thus Mr. Speaker I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford This was that whereupon I accused him with a free heart prosecuted him with earnestnesse and had it to my understanding beene proved should have condemned him with innocence Whereas now I cannot satisfie my conscience to doe it I professe I can have no notion of any bodies intent to subvert the Lawes treasonably or by force and this designe of force not appearing all his other wicked practises cannot amount so high with me I can finde a more easie and more naturall spring from whence to derive all his other Crimes then from an intent to bring in Tyrannie and to make his owne posterity as well as us Slaves as from revenge from Pride from Avarice from Passion and insolence of Nature But had this of the Irish Army been proved it would have diffused a complexion of Treason over all it would have beene a With indeed to bind all those other scattered and lesser branches as it were into a Faggot of Treason I doe not say but the rest may represent him a man as worthy to dye and perhaps worthier then many a Traytor I doe not say but they may justly direct us to Enact that they shall be Treason for the future But God keepe mee from giving judgement of death on any Man and of ruine to his innocent Posterity upon a Law made â posteriori Let the mark be set on the dore where the Plague is and then let him that will enter dye I know Master Speaker there is in Parliament a double power of life and death by Bill a judiciall power and a Legislative the measure of the one is what 's Legally just of the other what is prudentially and politickly fit for the good and preservation of the whole But those two under favour are not to be confounded in Judgement Wee must not peece up want of Legality with matter of convenience nor the defailance of prudentiall fitnesse with a pretence of legall Justice To condemne my Lord of Strafford judicially as for Treason my conscience is not assured that the matter will bear it And to doe it by the Legislative power my reason consultively cannot agree to that since I am perswaded neither the Lords nor the King will passe the Bill and consequently that our passing it will be a cause of great divisions and combustions in the State And therefore my humble advice is that laying aside this Bill of Attainder we may think of another saving only life such as may secure the State from my Lord of Strafford without endangering it as much by division concerning his punishment as he hath endangered it by his practices If this may not be hearkned unto let me conclude in saying that unto you all which I have throughly inculcated to mine owne conscience upon this occasion Let every man lay his hand upon his heart and sadly consider what we are going to doe with a breath either justice or murther justice on the one side or murther heightned and aggravated to its supreamest extent For as the Casuists say that he who lyes with his sister commits incest but he that marries his sister sinnes higher by applying Gods Ordinance to his crime So doubtlesse he that commits murther with the sword of Justice heightens that crime to the utmost The danger being so great and the case so doubtfull that I see the best Lawyers in diametrall opposition concerning it
SPEECHES AND PASSAGES Of This GREAT and HAPPY Parliament From the third of November 1640 to this instant June 1641. Collected into One Volume and according to the most perfect Originalls exactly published LONDON Printed for William Cooke and are to be sold at his shop at Furnifalls-Inne-gate in Holbourne 1641. The Contents HIS Majesties first speech Novem. 3. 1640. His Majesties second speech Novem. 5. 1640. His Majesties third speech to both houses Jan. 25. 1640. His Majesties speech at the passing of the Bill for a Trieniall Parliament His Majesties Letter sent by the Prince in the behalf of the Earl of Strafford to the Lords The Lords Answer That Bishops ought not to have voyce in Parliament Lord Keepers speech in the upper house of Parliament Novem. 3. 1640. Master Speakers speech Fol. 1. Lord Digbyes speech Novem. 9. 1640. concerning grievances and the trieniall Parliament Lord Digbyes second speech for trieniall Parliament Fol. 12. The Honourable Nathaniels Fynes his speech Fol. 22 Master Rous his speech before the Lords against Doctor Cousins Doctor Mannering and Doctor Beale Fol. 45 The second speech of the Honourable Nathaniel Fynes Fol. 49 Lord Dâ—gbyes speech concerning Bishops London petition Feb. 9. Fol. 65 Lord Finch his accusation Fol. 76 Lord Falklands speech after the reading the Articles of the Lord Finch Fol. 83 Sir Edward Deering first speech Fol. 88 His second speech Fol. 90 His third speech Fol. 93 His fo th speech Fol. 97 Mâ—ster Bagshawes speech concerning Bishops and the London petition Fol. 99 Sir Benjamin Ruddyers first speech Fol. 103 His second speech Fol. 110 His third speech Fol. 113 Master Pyms Message for the commitment of my Lord Strafford Fol. 116 Articles against the Lord Strafford Fol. 117 Further impeachment of Thomas Earl of Strafford Fol. 120 Earl of Bristows speech Dâ—cember 7 Fol. 143 Master Mynards speech in reply to the Lord Strafford Fol. 145 The Earl of Bristows speech upon the delivering of by him the Scottish Remonstrance Fol. 150 His Majesties speech to both Houses Feb. 3. 1640. Fol. 159 Londoners fiâ—st petition Fol. 161 Their grievances by the Prelates Fol. 162 Resolution of the sixt demand by the Commons Fol. 171 The Scots Answer to the resolution Ibid. The Peares demand upon the foresaid Answer Fol. 172 The Scots Commissioners Answer Ibid. Articles against Secretary Windibanck Fol. 174 A speech made by the Lord Finch in the Commons House Nâ—vem 21. 1640. Fol. 169 Master Grimstons second speech Fol. 179 A messuage sent by the Queen to the House of Commons by Master Comproller Fol. 185 The report of the Kings messuage by the Lords to the House of Commons Jan. 29. 1640. Fol. 184 Sir Thomas Rows speech Fol. 185 Lord Falklands speech Fol. 188 Master Pyms speech after the Articles of Sir George Ratcliff Fol. 198 His second speech after the reading of the Articles Fol. 202 Master Speakers speech presenting these Bills for shortning of Michaelmas term pressing of Maryners for the remainder of sixe Subsidies Fol. 204 Master Pleadwels speech Fol. 206 Sir Thomas Rowes reports to the Committe Fol. 209 Mâ—ster Rigbyes answer to the Lord â—ineb his last speech Fol. 221 Master Wallers speech Fol. 224 Master Hollis his speech delivered with the Protestation Fol. 232 Orders for the taking of the Protestâ—tion Fol. 236 Master Grimstons third speech Fol. 205 Lord Digbyes speech upon the Bill of attainder of the Lord Strafford Fol. 213 Lord Straffords speech on the Scaffold Sixteen queres Fol. 233 Captain Audleyes Mervirs speech Fol. 237 His speech at the peachment of Sir Richard Boulton Knight and others Fol. 249 Articles against Sir Richard Boulton 256 Sir Thomas Wentworths first speech March 22 1637 His second speech April 21 1628. Fol. 259 A petition to the Lord Deputy Fol. 262 A speech against the Judges Fol. 267 A discourse concerning the power of Pears in Parliament Fol. 275 Sir John Hollands speech Fol. 281 Sir Edward Hales speech Fol. 284 Sir Johns Wrayes speech concerning the Commons Fol. 288 Sir John Wrayes second speech Fol. 290 Preamble with the Protestation Fol. 300 Bill of Attainder against the Earl of Strafford Fol. 303 Vicount Newarks fiâ—st speech for the right of Bishops Fol. 305 His second speech for their Temporall affaires Master Peards against the oath Exofficio Fol. 313 Master Speakers letter to Sir Jacob Ashley Fol. 315 Articles against the Bishop of Bath and Wells Fol. 318 Sir B. Ruddyers speech Fol. 3â—6 His Speech concerning the Queenes Joynture Fol. 317.321 Lord Andevers speech concerning the Star-Chamber An order May 10 1641. that no English shall frequent the Ambassadors to hear Masse Lord Finch his Lletter to the Lord Chamberlain Fol. 324 Lord Keepers speech to his Majesty in the name of both the Houses Fol. 325 Declaration of the Scots touching the maintenance of their Army Fol. 326 The humble Remonstrance delivered by the Lord Keeper Fol. 528 The Earl of Straffords Letters to his Majesty Fol. 332 Eâ—â—l of Straffords Petition before be died to both Houses Fol. 225 The Lord Falklands first speech in Parliament Fol. 336 Sir Jo. Culpeppers speech Fol. 342 Mr. Bagshawes speech 7 No. 1640. Fol. 545 Petition of the Earl of Straf for examination of witnesses Fol. 343 Order concerning the prices of Wine Fol. 350 Sir Tho. Rowes speech concerning Bâ—asse mony Remonstrance of the Parliament in Ireland Fol. 321 A Message from the House of Commons to his Majesty His Majesties answer Fol. 328 Vote concerning the Cannons Ibidem Order concerning Monopolies Fol. 329 Order against Monopolies Ibidem The Scottish Commissioners thanks to his Majesty Fol. 330 The humble Remonstrance of the Mr. Wardens of Vintners Ibidem Petition of Oxford Fol. 383 Sergeant Glanvils speecd Fol. 388 Secretary Windebancks Letter to the Lord Chamberlain Fol. 393 Lord Andevers speech concerning pacification Fol. 327 An Order against drinking on the Sabbath day Fol. 401 Sir John Wrayes occasionall speeches 1 Concerning Religion Fol. 401 2. Vpon the Scottssh treaty Fol. 403 3. Impeachment of the Lord Strafford Fol. 404 4. Vpon the Strafford 〈◊〉 knot Fol. 406 5. Vpon the same 〈…〉 6. A seasâ—nable 〈◊〉 or a loyall Covenant Fol. 408 Mr. Hidâ—â— Argument Fol. 409 Mr. White câ—â—cerning Episcopacy Fol. 417 Cities second â—â—tition The Kentish Petition Sir John Wrayes ninth speech Lord Digbies speech Fol. 455 Mr. Pyms speech Fol. 458 Sir Thomas Barringtons speech Accusation of Sir George Ratcliffe Fol. 504 The charge of the Scottish Commissioners against Canterbury Fol. 505 Sir Henry Vanes speech against Bishops The Charge of the Scotch Commissioners against the Lievtenant of Ireland Fol. 519 The Scotch Commissioners demand concerning the sixâ—h Article Fol. 525 The English Peeres demand concerning the preceding Articles Fol. 531 The Scotch Commissioners answer to the demand Ibid. Captain Audley Mervins speech concerning the Judicature of the Parliament The Speakers speech at the presenting of the bill of Tunnage and Poundage His Majesties speech concerning it Mr. Pyms Relation of the
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
the State may upon great reason thinke fit to alter Besides the bottomelesse perjury of an c. Besides all this Mr. Speaker men must sweare that they sweare freely and voluntarily what they are compelled unto and lastly that they sweare that Oath in the literall sence whereof no two of the makers themselves that I have heard of could never agree in the understanding In a word Mr. Speaker to tell you my opinion of this Oath it is a Covenant against the King for Bishops and the Hierarchy as the Scottish Covenants is against them onely so much worse then the Scottish as they admit not of the Supremacy in Ecclesiasticall affaires and we are sworne unto it Now Mr. Speaker for those particular heads of grievances whereby our Estates and Properties are so radically invaded I suppose as I sayd before that it is no season now to enter into a strict Discussion of them onely thus much I shall say of them with application to the Countrey for which I serve that none can more justly complaine since none can more justly challenge exemption from such burdens then Dorset shire whether you consider its a Countrey subsisting much by Trade or as none of the most populous or as exposed as much as any to Forraigne Invasion But alas Mr. Speaker particular lamentations are hardly distinguishable in Vniversall groanes Mr. Speaker it hath beene a Metaphor frequent in Parlamant and if my memory fayle me not was made use of in the Lord Keepers Speech at the opening of the last that what mony Kings raysed from their Subjects they were But as Vapors drawn up from the Earth by the Sunne to bee distilled upon it againe in fructifying showers The Comparison Mr. Speaker hath held of late yeares in this Kingdome too unluckily what hath bin raised from the Subject by those violent attractions hath beene formed it is true into Clouds but how to darken the Sunnes owne lustre and hath fallen againe upon the Land only in Hail-stones and Mildews to batter and prost rate still more and more our liberties to blast and wither our affections had the latter of these beene still kept alive by our Kings owne personall vertues which wil ever preserve him in spight of all ill Counsellours a sacred object both of our admiration and loves Mr. Speaker It hath beene often sayd in this House and I thinke can never be too often repeated That the Kings of England can do no wrong but thogh they could Mr. Speaker yet Princes have no part in the ill of those actions which their Judges assure them to be just their Counsellours that they are prudent and their Divines that they are conscientious This Consideration M. Speaker leadeth mee to that which is more necessary farre at this season than any farther laying open of our miseries that is the way to the remedy by seeking to remove from our Soveraign such unjust Judges such pernicious Counsellours and such disconscient Divines as have of late yeares by their wicked practises provoked aspersions upon the government of the graciousest and best of Kings Mr. Speaker let me not be mis-understood I levell at no man with a fore-layd designe let the faults and and those well proved lead us to the men It is the onely true Parliamentary method and the onely fit one to incline our Soveraigne For it can no more consist with a gracious and righteous Prince to expose his servants upon irregular prejudices then with a wise Prince to with hold Malefactors how great soever from the course of orderly justice Let me acquaint you M. Speaker with an Aphorisme in Hippocrates no lesse Authenticke I thinke in the body Politicke then in the Naturall Thus it is Mr. Speaker Bodies to be throughly and effectually purged must have their Humors first made fluid and mâ—oveable The Humours that I understand to have caused all the desperate maladies of this Nation are the ill Minister To purge them away clearely they must be first loosened unsetled and extenuated which can no way bee effected with a gracious Master but by truely representing them unworthy of his protection And this leadeth mee to my Motion which is that a select Committee may bee appointed to draw out of all that hath beene heere represented such a Remonstrance as may be a faithfull and lively representation unto his Majesty of the deplorable estate of this his Kingdome and such as may happily point out unto his cleare and excellent judgment the pernicious Authors of it And that this Remonstrance being drawne wee may with all speed repaire to the Lords and desire them to joyne with with us in it And this is my humble motion THE LORD DIGBIES SPEECH IN THE HOVSE OF Commons to the Bill for trienniall Parliaments Janu. 19. 1640. Mr. Speaker I Rise not now with an intent to speake to the frame and structure of this Bill nor much by way of answer to objections that may be made I hope there will be no occasion of that but that we shall concurre all unanimously in what concerneth all so Universally Onely Sir by way of preparation to the end that we may not be discouraged in this great worke by difficulties that may appeare in the way of it I shall deliver unto you my apprehensions in generall of the vast importance and necessity that wee should goe thorow with it The Result of my sense is in short this That unlesse for the frequent convening of Parliaments there be some such course setled as may not be eluded neyther the people can be prosperous and secure not the King himselfe solidly happy I take this to be the Vnum necessarium Let us procure this and all our other desires will effect themselves if this bill miscarry I shall have left me no publike hopes and once past I shall be freed of all publike feares The essentialnesse Sir of frequent Parliaments to the happinesse of this Kingdome might be inferr'd unto you by the reason of contraries from the wofull experience which former times have had of the mischievous effects of any long intermission of them But Mr. Speaker why should we clime higher then the levell we are on or thinke further then our owne Horizon or have recourse for examples in this busines to any other promptuary then our owne memories nay then the experience almost of the youngest here The reflection backward on the distractions of former times upon intermission of Parliament and the consideration forward of the mischiefes likely still to grow from the same cause if not remooved doubtlesly gave first life and being to those two dormant Statutes of Edward the third for the yearly holding of Parliament And shall not the fresh and bleeding experience in the present age of miseries from the same spring not to be paralleld in any other obtaine a wakening a resurrection for them The Intestine distempers Sir of former ages upon the want of Parliaments may appeare to have had some other cooperative causes as sometimes
unsuccessefull Warres abroad sometimes the absence of the Prince sometimes Competitions of Titles to the Crowne somtimes perhaps the vices of the King himselfe But let us but rightly weigh and consider the posture the aspect of this state both toward it selfe and the rest of the world the person of our Soveraigne and the nature of our suffering since the third of his Reigne And there can be no cause coulorable inventible wherunto to attribute them but the intermission or which is worse the undue frustration of Parliament by the unluckly use if not abuse of Prerogative in the dissolving them Take in your view Gentlemen a State in a state of the greatest quiet and security that can be fancied not only in joyning the calmest peace it selfe but to improve and secure its happy condition all the rest of the world at the same time in Tempest in Combustions in uncomposable Warres Take into your view Sir a King Soveraigne to three Kingdomes by a Concentring of all the Royall lines in his Person as undisputably as any Mathematical ones in Euclide A King firme and knowing in his Religion eminent in vertue A King that had in his owne time given all the Rights and Liberties of his Subjects a more cleare and ample confirmation freely and graciously then any of his Predecessors when the people had them at advantage extortedly I meane in the Petition of Right This is one Mappe of England Mr. Speaker A man Sir that should present unto you now a Kingdome groaning under that supreme Law which Salus populi periclitata would enact The liberty the property of the Subject fundamentally subverted ravisht away by the violence of a pretended necessity a triple Crown shaking with distempers men of the best conscience ready to fly into the wildernesse for Religion Would not one sweare that this were the Antipodes to the other yet let me tell you Mr. Speaker this is a Mappe of England too and both at the same time true As it cannot bee denyed Mr. Speaker that since the Conquest there hath not been in this Kingdome a fuller concurrance of all circumstances in the former Caracter to have made a Kingdom happy then for these 12. yeares last past so it is most certaine that there hath not beene in all that deduction of ages such a Conspiracie if one may so say of all the Elements of mischiefe thein second Character to bring a flourishing Kingdom if it were possible to swift ruine and desolation I will be bold to say Mr. Speaker and I thanke God wee have so good a King under whom wee may speake boldly of the abuse by ill Ministers without reflection upon his person That an Accumulation of all the publike Grievances since Magna Carta one upon another unto that houre in which the Petition of Right past into an act of Parliament would not amount to so oppressive I am sure not to so destructive a height and magnitude to the rights and property of the Subject as one branch of our beslaving since the Petition of Right The branch I mean is the judgment concerning ship-money This beeing a true representation of England in both aspects Let him Mr. Speaker that for the unmatcht oppression and enthralling of free Subjects in a time of the best Kings raigne and in memory of the best lawes enacted in favour of Subjects liberty can find a truer Cause then the ruptures and intermission of Parliaments Let him and him alone be against the setling of this inevitable way for the frequent holding of them 'T is true Sir wicked Ministers have beene the proximate causes of our miseries but the want of Parliaments the primary the efficient Cause Ill Ministers have made ill times but that Sir hath made ill Ministers I have read among the Lawes of the Athenians a form of recourse in their Oaths and vows of greatest most publique concernment of a three-fold Deity Supplicium Exauditori Purgatori Malorum depulsori I doubt not but we here assembled for the Common-wealth in this Parliament shall meet with all these Attributes in our Soveraigne I make no question but he will graciously heare our Supplications purge away our Grievances and expell Malefactors that is remove ill Ministers and put good in their places No lesse can be expected from his wisdome and goodnesse But let me tell you Mr. Speaker if we partake not of one Attribute more in him if we addresse not our selves unto that I meane Bonorum Conservatori we can have no solid no durable Comfort in all the rest Let his Majesty heare our Complaint never so Compassionately Let him purge away our Grievances never so efficaciously Let him punish and dispell ill Ministers never so exemplarily Let him make choyce of good ones never so exactly If there be not a way setled to preserve and keepe them good the mischiefes and they will all grow again like Sampsons Locks and pull downe the House upon our heads Beleeve it M. Speaker they will It hath been a Maxime amongst the wisest Legislators that whosoever meanes to settle good Lawes must proceed in them with a sinister opinion of all Mankinde and suppose that whosoever is not wicked it is for want only of the opportunity It is that opportunity of being ill Mr. Speaker that wee must take away if ever wee meane to be happy which can never be done but by the frequencie of Parliaments No state can wisely be confident of any publique Ministers continuing good longer then the rod is over him Let me appeale to all those that were present in this House at the agitation of the Petition of Right And let them tell themselves truly of whose promotion to the management of affaires doe they thinke the generality would at that time have had better hopes then of Mr. Noy and Sir Thomas Wentworth both having beene at that time and in that businesse as I have heard most keen and active Patriots and the latter of them to the eternall aggravation of his Infamous treachery to the Common-wealth be it spoken the first mover and insister to have this clause added to the Petition of Right that for the comfort and safety of his Subjects his Majesty would be pleased to declare his will and pleasure that all his Ministers should serve him according to the Lawes and Statutes of the Realme And yet Mr. Speaker to whom now can all the inundations upon our liberties under pretence of Law and the late shipwrack at once of all our property be attributed more then to Noy and those and all other mischiefes whereby this Monarchie hath beene brought almost to the brinke of destruction so much to any as to that Grand Apostate to the Common-wealth the now Lieutenant of Ireland The first I hope God hath forgiven in the other world and the latter must not hope to be pardoned in this till he be dispatcht to the other Let every man but consider those men as once they were The excellent Law for the
security of the Subject enacted immediately before their comming to employment in the contriving whereof themselves were principall Actors The goodnesse and vertue of the King they served and yet the high and publique oppressions that in his time they have wrought And surely there is no man but will conclude with me that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times so the frequency of them is the sole Catholicke Antidote that can preserve and secure the future from the like danger Mr. Speaker let me yet draw my Discourse a little nearer to his Majesty himselfe and tell you that the frequency of Parliament is most essentially necessary to the power the security the glory of the King There are two wayes Mr. Speaker of powerfull Rule eyther by Feare or Love but one of happy and safe Rule that is by Love that Firmissinum Imperium quo obedientes gaâ—dent To which Camillus advised the Romans Let a Prince consider what it is that mooves a people principally to affection and dearnesse towards their Soveraigne He shall see that there needs no other Artifice in it then to let them injoy unmolested what belongs unto them of right If that have beene invaded and violated in any kind whereby affections are alienated the next consideration for a wise Prince that would be happy is how to regaine them To which three things are equally necessary 1. Re-instating them in their former Libertie 2. Revenging them of the Authors of those violations 3. And securing them from Apprehensions of the like againe The first God be thanked wee are in a good way of The second in warme pursuit of But the third as essentiall as all the rest till we be certain of a Trienniall Parliament at the least I professe I can have but cold hopes of I beseech you then Gentlemen since that security for the future is so necessary to that blessed union of affections and this Bill so necessary to that security Let us not be so wanting to our selves let us not be so wanting to our Soveraigne as to forbeare to offer unto him this powerfull this everlasting Philter to Charme unto him the hearts of his people whose vertue can never evaporate There is no man M. Speaker so secure of anothers friendship but will thinke frequent intercourse and accesse very requisite to the support to the confirmation of it Especially if ill offices have beene done betweene them if the raysing of jealousies hath beene attempted There is no Friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities Mr. Speaker permit mee the comparison of great things with little what friendship what union can there be so comfortable so happy as betweene a gracious Soveraigne and his people and what greater misfortune can there bee to both then for them to bee kept from entercourse from the meanes of clearing mis understandings from interchange of mutuall benefits The people of England Sir cannot open their Eares their Hearts their Mouthes nor their Purses to his Majesty but in Parliament We can neyther heare Him nor Complaine nor acknowledge nor give but there This Bill Sir is the sole Key that can open the way to a frequency of those reciprocall indearments which must make and perpetuate the happinesse of the King and Kingdome Let no man object any derogation from the Kings Prerogative by it Wee doe but present the Bill 't is to be made a Law by him his Honour his Power will be as conspicuous in commanding at once that Parliament shall assemble every third yeare as in commanding a Parliament to be called this or that yeare there is more of his Majesty in ordayning primary and Vniversall Causes then in the actuaâ—ing particularly of subordinate effects I doubt not but that glorious King Edward the Third when he made those Lawes for the yearely Calling of Parliament did it with a right sence of his dignity and honour The truth is Sir the Kings of England are never in their Glory in their Splendour in their Majesticke Soveraignty but in Parliaments Where is the power of imposing Taxes Where is the power of restoring from incapacities Where is the legislative Authority Marry in the King Mr. Speaker But how In the King circled in fortified and evirtuated by his Parliament The King out of Parliament hath a limitted a circumscribed jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling Grievances Mr. Speaker in chasing ill Ministers we doe but dissipate Clouds that may gather againe but in voting this Bill we shall contribute as much as in us lyes to the perpetuating our Sunne our Soveraigne in his verticall in his Noone day lustre A Speech of the Honourable NATHANAEL FIENNES In the House of Commons the 9. of Febr. 1640. Mr. Speaker TWO things have fallen into debate this day The first concerning the Londoners Petition whether it should bee committed or no. The other concerning the government of the Church by Arch-bishops Bishops c. whether it should bee countenanced or no. For the first I doe not understand by any thing that I have yet heard why the Londoners Petition should not be committed or countenanced The exceptions that are taken against it are from the irregularities of the delivery of it and from the Subject matter contained in it For the first it is alledged that the long taile of this blazing starre is ominous and that such a number of Petitioners and such a number that brought the Petition to the House was irregular Hereunto I answer that the fault was either in the multitude of the Petitioners or in their carriages and demeanours if a multitude finde themselves agrieved why it should be a fault in them to expresse their grievances more than in one or a few I cannot see nay to me it seemes rather a reason that their Petitions should be committed and taken into serious consideration for thereby they may receive satisfaction though all bee not granted that they desire But if wee shall throw their Petition behind the door and refuse to consider it that it may seeme an act of will in us And whether an act of will in us may not produce an act of will in the people I leave it to your consideration Sure I am acts of will are more dangerous there than here because usually they are more tumultuous All Lawes are made principally for the quiet and peace of a Kingdome and a Law may be of such indifferent nature many times that it is a good reason to alter it onely because a great number desires it if there were nothing else in it and therefore I doe not see that the number of Petitioners is any good reason why it should not bee committed but rather the contrary Now for their carriage there came indeed three or foure hundred of the 15000 some of the better sort of them
as his Majestie shall thinke meet now if the King should grant it to a certaine number of Commissioners equall in authority as hee may doe this were an abolition of Episcopacy and yet not diminution of Monarchy But the truth is Episcopacy is a kind of Monarchy under a Monarchy and is therein altogether unlike the Civill Government under his Majestie for the King being a common head over the Ecclesiasticall state and the Civill we shall finde that in the exercise of Civill Jurisdiction in all Courts under his Majesty it is Aristocraticall and placed in many and not in one as appeareth in this high Court of Parliament in the inferiour Courts of Westminster Hall and in the Sizes and Sessions in the Countrey which are held by many Commissioners and not onely by one or his Deputies and Commissaries as it is in the exercise of Ecclesiasticall government As to the point of Excommunication supposing that it did dissolve naturall and civill bonds of duty as it doth not it might indeed be as terrible to Princes as it is represented But I reason thus either Princes are subject to Excommunication or they are not if they bee not then they need as little to feare a Presbyterie or an assembly as a Bishop in that respect if they bee they have as much to feare from Bishops at leastwise from Bishops in their Convocations as from Presbyters in their Assemblies and so much the more because they have formerly felt the thunderbolts of those of that stampe but never from this latter sort And now Sir I proceede to represent unto you the evills and inconveniences that doe proceede from the government and Ceremonies of the Church and truely in my opinion the chiefe and principall cause of all the evills which we have suffered since the Reformation in this Church and State hath proceeded from that division which so unhappily hath sprung up amongst us about Church government and the Ceremonies of the Church and from which part in that division I beleeve it will appeare in the particulars I know well there is a great division and that upon great matters betweene us and the Papists and I am not ignorant that there have beene great and sore breaches made upon our Civill Liberties and the right of our proprieties But yet still I returne to my former position that the chiefe and most active cause hath proceeded from the Government and Ceremonies of the Church and that those other causes have either fallen into it and so acted by it or issued out of it and so acted from it As for Popery I conceive that to have beene a cause that hath fallen into this and acted by it for at the Reformation it received such a deadly wound by so many sharpe Lawes enacted against it that had it not beene enlivened by this division amongst us it could never have had influence upon our Church and State to have troubled them as this day wee feele but finding that in this division amongst us one party had need of some of their principalls to maintaine their Hierarchy together with their worldly pompe and Ceremonies which are appurtenances thereunto from hence they first conceived a ground of hope and afterwards found meanes of successe towards the introducing againe of their superstition and Idolatry into this Realme and they wrought so diligently upon this foundation that they have advanced their building very farre and how neare they were to set up the Roofe I leave it to your consideration As for the evills which we have suffered in our civill liberty and the right of our proprieties J conceive they have proceeded out of this and so acted from it for if there had beene no breaches of Parliaments there would have bin no need to have had recourse unto those broken Cisternes that can hold no water but there being a stoppage of Parlamentary supplyes that was an occasion of letting in upon us such an inundation of Monopolies and other illegall taxes and impositions accompanyed with many other heavy and sore breaches of our Liberties Now there needed not to have beene any breaches of Parliaments had there not beene something disliked in them and what was that it could not bee any of these civill matters that bred the first difference for they have proceeded out of it therefore I conceive it was this The Prelates with their adherents the Papists also concurring with them for their interest did alwayes looke upon Parliaments with an evill eye as no friends to their offices and functions at leastwise to their Benefices and Dignities and therefore some of them having alwayes had the grace to bee too neare to the Princes eates they have alwayes endeavoured to breed a dis-affection in Kings from Parliaments as the Presse and Pulpit doe abundantly witnesse and Ballads too made by some of them upon the breaches of Parliaments But wee have a fresh and bleeding instance of this in the confirmation in his Majesties name which they procured to be prefixed before their new Booke of Canons wherein they have endeavoured to make this impression upon his Majesties Royall minde that the Authors and Fomenters of the jealousie in respect of the new Rites and Ceremonies lately introduced into the Church which wee call innovations did strike at his Royall person as if hee were perverted in his Religion and did worship God in a superstitious way and intended to bring in some Innovation in matter of Religion Now Sir who are the authors of those jealousies did they not come as complaints in the Petitions from the bodies of severall Counties the last Parliament and from more this present Parliament and who were the fomenters of those jealousies did not the generall sence of the last Parliament concurre in it that they were Innovations and that they were suspitions as introductory to superstition Nay I appeale to all those that hear me which are drawn from al parts of the Kingdom whether this be not the generall sence of the greatest and most considerable part of the whole Kingdom I beseech you then to consider what kind Offices these men have done between the King and the Parlament between the King and Kingdom I speak of the greatest and most considerable parâ—s as giving denomination to the whole And now Sir as we have cast our eye backwards if wee will looke forwards how doe the clouds thicken upon us and what distractions yea what dangers doe they threaten us withall proceeding still from the same root of Church Government and Ceremonies and truely as things now stand I see but two wayes the one of Destruction the other of Satisfaction Destruction I meane of the opposite partie to the Bishops and the Ceremonies and reducing of all to Canonicall obedience by faire meanes or by foule this way hath beene already tryed and what effect it hath brought forth in our neighbour kingdome wee well know and it is like to produce no very good effect in this Kingdome if mens scruples and reasons
under great penalties forbid all Parsons Vicars Curates Readers in Divinity c. to speake any other wayes of them then as they had defined by which meanes having seized upon all the Conduites whereby knowledge is convayed to the people how easie would it bee for them in time to undermine the Kings Prerogative and to suppresse the subjects liberty or both And now Sir I beseech you to consider how they have defined this high and great poynt they have dealt with us in matter of Divinity as the Judges had done before in matter of Law they first tooke upon them to determine a matter that belonged not to their Judicature but onely to the Parliament and after by their judgement they overthrew our propriety and just so have these Divines dealt with us they tell us that Kings are an Ordinance of God of Divine Right and founded in the prime Lawes of Nature from whence it will follow that all other formes of government as Aristocracies and Democracies are wicked formes of government contrary to the Ordinance of God and the Prime Lawes of Nature which is such new Divinitie as never read in any Booke but in this new Booke of Canons Mr. Speaker We all know that Kings and States and Iudges and all Magistrates are the Ordinances of God but Sir give mee leave to say they were the Ordinances of men before they were the Ordinances of God I know I am upon a great and high poynt but I speake by as great and as high a warrant if St. Peters chaire cannot erre as St. Peters Epistles cannot thus he teacheth us Submit your selfe to-every Ordinance of man for the Lords sake whether it bee to the King as supreame or to the Governour as to him that is sent by him c. Sir It is worthy noting that they are Ordinances of men but that they are to be submitted unto for the Lords sake and truely their power is as just and their subjects allegeance as due unto them though we suppose them to bee first ordinances of men and then confirmed and established by Gods Ordinance as if wee suppose them to bee immediate Ordinances of God and so received by men But there was somewhat in it that these Divines aimed at I suppose it was this If Kings were of Divine Right as the Office of a Pastor in the Church or founded in the prime Lawes of Nature as the power of a Father in a Family then it would certainly follow that they should receive the fashion and manner of their government onely from the Prescript of Gods Word or of the Lawes of Nature and consequently if there bee no Text neither of the Old nor New Testament nor yet any Law of Nature that Kings may not make Lawes without Parliaments they may make Lawes without Parliaments and if neither in the Scripture nor in the Law of Nature Kings be forbidden to lay taxes or any kind of impositions upon their people without consent in Parliament they may doe it out of Parliament and that this was their meaning they expresse it after in plaine termes for they say that Subsidies and taxes and all manner of ayds are due unto Kings by the Law of God and of Nature Sir if they bee due by the Law of God and of Nature they are due though there be no act of Parliament for them nay Sir if they bee due by such a right a hundred acts of Parliaments cannot take them away or make them undue And Sir that they meant it of Subsidies and aids taken without consent in Parliament is clearely that addition that they subjoyne unto it that this doth not take away from the Subject the propriety hee hath in his goods for had they spoken of Subsidies and aydes given by consent in Parliament this would have been a very ridiculous addition for who ever made any question whether the giving Subsidies in Parliament did take away from the Subject the propriety hee hath in his goods when as it doth evidently imply they have a propriety in their goods for they could not give unlesse they had something to give but because that was alledged as a chiefe reason against Ship-mens and other such illegall payments levied upon the people without their consent in Parliament that it did deprive them of their right of propriety which they have in their goods these Divines would seem to make some answer thereunto but in truth their answer is nothing else but the bare assertion of a contradiction and it is an easie thing to say a contradiction but impossible to reconcile it for certainely if it bee a true rule as it is most true quod meum est sine consensu meo non potest fieri alienum to take my goods without my consent must needes destroy my propriety Another thing in this first Canon wherein they have assumed unto themselves a Parliamentarie power is in that they take upon them to define what is Treason besides what is determined in the statute of Treasons They say to set up any coactive independent power is treasonable both against God and the King the question is not whether it bee true they say or no but whether they have power to say what is Treason and what not But now Sir that I am upon this point I would gladly know what kinde of power that is which is exercised by Arch-Bishops Bishops Deanes Arch-Deacons c. Coactive certainely it is all the Kingdome feeles the lash thereof and it must needs bee independant if it be jure Divine as they hold it for they doe not meane by an independant power such a power as doth not depend on GOD. Besides if their power be dependant of whom is it dependant not of the King for the Law acknowledgeth no way whereby Ecclesiasticall jurisdiction can bee derived from his Majestie but by his Commission under the great-Scale which as I am informed they have not I speake not of the High Commission but of that jurisdiction which they exercise in their Archiepiscopall Episcopall Archidaconall Courts c. and therefore if their owne sentence bee just wee know what they are and what they have pronounced against themselves But Sir it were worth knowing what they aimed at in that independent coactive power which they terme popular I will not take upon me to unfold their meaning but wee know Doctor Beale had a hand in the making of these Canons and if wee apply his Paraphrase to the Text it may give us some clearenesse I remember amongst other notes of his this was one that he did acknowledge the Kings Supremacy but would joyne unto him an assistant viz. the people meaning this House which being the representative body of the COMMONS of England and claiming as it is so a share in the Legislative power Doctor Beale calleth this a joyning of an assistant to the King in whom soly hee placeth the power of making Lawes and that it is but of grace that he assumeth either the Lords or Commons
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
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
else Projects and Monopolies are but leaking Conduit-pipes The Exchequer it selfe at the full st is but a Custome and now a broken one frequent Parliaments onely are the Fountaine And I doe not doubt but in this Parliament as wee shall bee free in our advises so shall wee be the more free of our purses that his Majestie may experimentally finde the reall difference of bâ—tter Counsells the true solid grounds of raising and establishing his Greatnesse never to be brought againe by Gods blessingâ— to such dangerous such desperate perplexities Mr. Speaker I confesse I have now gone in a way much against my Nature and somewhat against my Custome heretofâ—re used in this place But the deplorable dismall condition both of Church and State have so far wrought upon my judgement as it hath convinced my disposition yet am I not Vir Sanguinum I love no mans ruine I thanke God I neither hate any mans person nor envie any mans fortune onely I am zealous of a thorow Reformation in a time that exacts that extorts it Which I humbly beseâ—ch this House may bee done with as much lenity as much moderation as the publick safety of the King and Kingdome can possibly admit Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker IT will become us thankfully to acknowledge the prudent and painfull endeavours of my Lords the Peeres Commissioners intreating with the Scots in mediating with the King whereby God assisting wee are now probably drawing neare to a blessed peace His Majesty in his Wisedome and Goodnesse is graciously pleased to give his royall assent to their Acts of Parliament wherein the Articles of their Assembly are likewise included Insomuch as their Religion their Lawes their Liberties are ratified and established Besides their Grievances reliev'd and redress'd For which Wee use to give the King Money and are still ready to doe it This although it be a large yet it is not received as a full satisfaction Besides when They came into England they published in a Remonstrance That they would take nothing of the English but what they would pay for or give security We have defrayed them hitherto and are provided to doe it longer They did well remember that we assisted them in the time of their Reformation And it is not to be forgotten that we did beare our owne charges Concerning mutuall Restitution of Ships and Goods My Lords the Commissioners have very fairely and discreetly accommodated that particular already As for inferentiall consequentiall dammages such a Representation would but minister unacceptable matter of Difference and Contestation which amongst friends ought to be warily and wisely avoyded We could alleadge and truely too That Northumberland New-Castle and the Bishoprick will not recover their former state these twenty yeares Wee have heard it spoken here in this house by an understanding knowing member in the particular that the Coale-Mines of New-Castle will not bee set right againe for out hundred thousand pounds besides the over-price of Coâ—les which all the while it hath and will cast this City and 〈◊〉 parts of the Kingdome A great â—â—ale more of this nature might be rehearsed but I delight not to presse such renter stretched Arguments Let us on both sides rather thanke God by proceeding in the way he hath â—â—â—d before us and not wry his way to ours Time and his Blessing will repaire all our implicit Dammages with many prosperous explicite advantages They say that they doe not make any formall demand But they doe make a summe to appeare five hundred and foureteene thousand pounds more than 〈◊〉 gave the King at once Aportentous Apparition which shewes it selfe in a very dry time when the Kings revenue is totally exhausted his Debts excessively multiplied the Kingdom generally impoverished by grievous burthens and disordered Courses All this supply is to be drawne out of us onely without the least helpe from any of his Majesties other Dominions which to my seeming will be an utter draining of the people unlesse England bee Puteus inexhaustus as the Popes were wont to call it Notwithstanding Sir now that I have in part opened the state we are in though nothing so exactly as they have done theirs I shall most willingly and heartily affoord the Scots whatsoever is just Equitable and Honourable even to a convenient considerable round summe of Money towards their losses and expences That we may goe off with a friendly and handsome loos If they reject it we shall improve our Cause It was never yet thought Mr. Speaker any great wisedome over-much to trust a successeful Sword A man that walkes upon a rising ground the further he goes the larger is his Prospect Successe inlarges mens desires extends their ambition it breeds thoughts in them they never thought before This is naturall and usuall But the Scots being truely touched with Religion according to their profession that onely is able to make them keep their word for Religion is stronger and wiser than Reason or Reason of State Beyond all this Mr. Speaker the remarkable Traces of Gods wonderfull Providence in this strange worke are so many so apparant as I cannot but hope almost to beliefe That the same all-governing mercifull hand will conduct and lead us to a happy Conclusion will contract a closeâ— firmer union between the two Nations than any meere humane Policy could ever have effected which inestimable Ben fits to both in advancing the truth of Religion in exalting the greatnesse of the King in securing the peace of his Kingdomes against all Malicious Envious Ambitious opposites to Religion to the King to his Kingdomes wherein I presume all our desires and prayers doe meet Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker J Doe verily believe that there are many of the Clergie in our Church who doe think the simplicity of the Gospell too mean a vocation for them to serve in They must have a specious pompous sumptuous Religion with additionalls of Temporall greatnesse Authority Negotiation Notwithstanding they all know better than I what Fathers Schoolemen Councells are against their mixing themselves in secular affaires This Roman Ambition will at length bring in the Roman Religion and at last a haughty insolence even against supreame power it selfe if it bee not timely and wisely preâ—â—nted They have amongst them an Apothegm of their owne making which is No Miter no Scepter when wee know by deare experience that if the Mitre be once in danger they care not to throw the Scepter after to confound the whole Kingdome for their interest And Histories will tell us that whensoever the Clergie went high Monarchy still went lower If they could not make the Monarch the head of their owne Faction they would be sure to make him lesse witnesse one example for all The Popes working the Emperour out of Italy Some of ours as soone as they are Bishops adepto fine cessant Motus They will preach no longer
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
Majesties government and intending the subversion of the fundamental Lawes and setled governement of that Realme and the distraction of his Majesties liege people there did upon the 30. day of September in the ninth yeare of his now Majesties Reigne in the Citie of Dublin the chiefe Citie of that Kingdome where his Majesties privie Counsell and Courts of Iustice doe ordinarily reside and whither the Nobility and Gentry of that Realme doe usually resort for Iustice in a publikâ— Speech before divers of the Nâ—bility and Gentry and before the Major Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege people declare and publish that Ireland was a conquered Nation and that the King might doe with them what he pleased and speaking of the Charters of the former Kings of England made to that Citie he further said that their Charters were nothing worth and did binde the King no further then hee pleased 4. That Richard Earle of Corke having sued out processe in course of Law for recovery of his possessions from which he was put by colour of an order made by the said Earle of Strafford and the Counsell Table of the said Realme of Ireland The said Earle of Strafford upon a paper petition without legall proceeding did the 20 day of February in the 11. yeare of his nâ—w Majesties Reigne threaten the said Earle of Corke beeing then a Peere of the said Realme to imprison him unlesse he would surcease his suit and said That he would have neither Law nor Lawyers dispute or question any of his orders And the 20. dâ—y of March in the said 11. year of the said Earle of Strafford speaking of an order of the said Counsell Table of that Realme in the time of King James which concerned a Lease which the said Earle of Corke claimed in certaine rectories or tithes which the said Earle of Cork alleaged to be of no force said That he would make the said Earle and all Ireland know so long as hee had the government there any Act of State there made or to bee made should bee as binding to the Subjects of that Kingdome as an Act of Parliament And did question the said Earle of Corke in the Castle Chamber upon pretence of the breach of the said order of Counsell Table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himselfe a power above the fundementall Lawes and established Government of that Kingdome and scorned the said Lawes and established government 5 That according to such his Declarations and Speeches the said Earls of S r ffoâ—d did use and exercise a power above â—nd against and to the subversion of the said fundame tall Laws and established government of the said Realme of Ireland exâ—ending such his power to the goods free holds inheritances liberties and lives of his Majesties Subjects in the said Realme viz. The said Earle of Sirâ—fford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realme of Ireland give and procure to bee given against the Lord Mount Norris then and yet a Peere of Ireland and then Vice-Treasurer and receiver generall of the Realme of Ireland and one of the principall Secretaries of State and Keeper of the privy Signet of the said Kingdome a sentence of death by a Councell of warre called together by the said Earle of Strafford without any warrant or authority of Law or offence deserving any such punishment And hee the said Earle did also at Dublin within the said Realm of Ireland in the Month of March in the fourteenth yeare of his Majesties Reigne without any legall or due proceedings or tryall give or cause to bee given a sentence of death against one other of his Majesties Subjects whose name is yet unknowne and caused him to be put to death in execution of the said sentence 6 That the said Earle of Strafford without any legall proceedings and upon a paper Petition of Richard Ralstone did cause the said Lord Mount-Norris to be disseized and put out of possession of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh in the Kingdome of Ireland the said Lord Mount-Norris having beene two yeares before in quiet possession thereof 7 That the said Earle of Strafford in the Termâ— of holy Trinity in the thirteenth yeare of his now Majesties Reigne did cause a case commonly called the case of Tenures upon defective Titles to be made and drawne up without any juâ—y or tryall or other legall processe and without the consent of parties and did then procure the ludges of the said Realme of Ireland to deliver their opinions and resolutions to that case and by colour of such opinion did without any legal proceeding cause Thâ—mas Lord Dillon a Peeâ—e of the said Realme of Ireland to be put out of possession of divers Lands and Tenements being his free-hold in the Countrey of Mago and Rosecomen in the said Kingdome and divers other of his Majesties Subjects to be also put out of possession disseized of their free hold by colour of the same resolution without legall proceedings whereby many hundreds of his Majesties subjects were undone and their families utterly ruinated 8 That the said Earle of Strafford upon a Petition of Sir Iohn Gifford Knight the first day of February in the said thirteenth yeare of his Majesties reigne without any regall Processe made a Decree or Order against Adam Viscount Lofts of Elie a Peere of the said Realme of Ireland and L Chancellor of Ireland did cause the said Viscount to bee imprisoned and kept close prisoner on pretence of disobedience to the said Decree or order And the said Earle without any authority and contrary to his Commission required and commanded the said Lord Viscount to yeeld unto him the great Seale of the Realme of Ireland which was then in his custody by his Majesties command and imprisoned the said Chancellour for not obeying such his command And without any legall proceedings did in the same thirteenth yeare imprison George Earle of Kildare a Peere of Ireland against Law thereby to enforce him to submit his Title to the Mannor and Lordship of Castle Leigh in the Queens County being of great yearely value to the said Earle of Straffords will and pleasure and kept him a yeare prisoner for the said cause two moneths whereof hee kept him close prisosoner and refused to enlarge him notwithstanding his Majesties Letters for his enlargement to the said Earle of Strafford directed And upon a Petition exhibited in October 1635. by Thomas Hibbots against dame Mary Hibbots widdow to him the said Earle of Strafford the said Earle of Strafford recommended the said Petition to the Counsell Table of Ireland where the most part of the Counsell gave their vote and opinion for the said Ladie but the said Earle finding fault herewith caused an order to be entred against the said Lady and threatned her
ruine and destruction of the Kingdome of England and of his Majesties Subjects and of altering and subverting of the fundamentall Laws of this Kingdome And shortly after the said Earle of Strafford returned into England and to sundry persons declared his opinion to be that his Majesty should first try the Parliament here and if that did not supply him according to his occasions he might use then his Prerogative as he pleased to levie what he needed and that he should bee acquitted both of God and man hee tooke some other courses to supply himselfe though it were against the will of his Subjects 23. That upon the thirteenth day of Aprill last the Parliament of England met and the Commons house then being the representative Body of all the Commons in the Kingdome did according to the trust reposed in them enter into debate and consideration of the great grievances of of this Kingdome both in respect of Religion and the publike libertie of the Kingdome and his Majestie referring chiefly to the Earle of Strafford and the Archbishop of Canterbury the ordering and disposing of all matters concerning the Parliament He the said Earle of Strafford with the asistance of the said Archbishop did procure his Majesty by sundry speeches and messages to urge the said Commons house to enter into some resolution for his Majesties supply for maintenance of his warre against his Subjects of Scotlaâ—d before any course was taken for the reliefe of the great and pressing grievances wherewith this Kingdome was then afflicted Whereupon a demand was then made from his Majesty of 12. Subsidies for the release of ship-money onely and while the said Commons then assembled with expressions of great affection to his Majestie and his service were in debate and consideration of some supply before resolution by them made he the said Earle of Strafford with the helpe and assistance of the said Archbishop did procure his Majesty to dissolve the last Parliament upon the 5. day of May last and upon the same day the said Earle of Strafford did treacherously falsely and maliciously endeavour to incense his Majesty against his loving faithfull Subjects who had been members of the said house of Commons by telling his Majesty they had denyed to supply him And afterward upon the same did treacherously and wickedly counsell and advise his Majesty to this effects viz. that having tryed the affections of his people he was loose and absolved from all rules of government and was to doe every thing that power would admit and that his Majesty had tryed all ways and was refused and should be acquitted both of God and man that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his dependants as is aforesaid which he might imploy to reduce this Kingdome to obedience 24 That in the same month of May he the said Earl of Strafford falsly treacherously and maliciously published and declared before others of his Majesties Privie Counsell that the Parliament of England had forsaken the King and that in denying to supply the King they had given him the advantage to supply himselfe by other wayes and divers other times he did maliciously wickedly and falsely publish and declare that seeing the Parliament had refused to supply his Majesty in the ordinary and usuall way the King might provide for the Kingdome in such waies as he should hold fit and that he was not to suffer himselfe to be mastered by the frowardnesse of the people And having so maliciously slandered the said house of Commons he did with the helpe and advice of the said Archbishop of Canterbury and the Lord Finch late Lord Keeper of the great Seal of England cause to be printed and published in his Majesties name a false and scandalous book entituled his Majesties Declaration of the causes that mooved him to dissolve the last Parliament full of bitter and malicious invectives and false and scandalous aspersions against the said house of Commons 25 That not long after the dissolution of the said last Parliament viz. In the moneths of May and Iune he the Earle of Strafford did advise the King to goe on rigorously in leavying the Ship-money and did procure the Sheriffes of severall Countries to be sent for for not leavying the Ship-money divers of which were threatned by him to be sued in the Starre-Chamber and afterwards by his advice were sued in the Star-chamber for not leavying the same and divers of his Majesties loving Subjects were sent for and imprisoned by his advice about that and other illegall payments And a great loane of a hundred thousand pounds was demanded of the City of London and the Lord Major and the Aldermen and the Sheriffes of the said City were often sent for by his advice to the Councell Table to give an account of their proceedings in raising of Ship-money and furthering of that loane and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to doe he the said Earle of Strafford did use these or the like speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and they were laid by the heeles and some of the Aldermen hanged up 26 That the said Earle of Strafford by his wicked Counsell having brought his Majesty into excessive charges without any just cause he did in the month of Iuly last for the support of the said great charges counsell and approve two dangerous and wicked Projects viz. To seize upon the Bullion and the money in the Mint And to imbase his Majesties Coyne with the mixtures of Brasse And accordingly we procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants Strangers and others to bee seized on and stayed to his Majesties use And when divert Merchans of London owners of the said Bullion came to his house to let him understand the great mischiefe that course would produce here and in other parts what prejudice it would bee to the Kingdome by discrediting the Mint and hindring the importation of Ballion hee the said Earle told them that the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to helpe the Rebell than to helpe his Majesty and that if any hurt came to them they may thank themselves and that it was the course of other Princes to make use of such monies to serve their occasions And when in the same Moneth of Iuly the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money hee told them that the French King did use to send Commissaries of Horse with Commission to search into mens estates and to peruse their accounts so that they may know what to levie of them by force which they did accordingly leavie and turning
to the Lord Conttington then present said That this was a poynt worthy his Lordships consideration 27 That in or about the Moneth of August last he was made Lieutenant Generall of all his Majesties Forces in the Northerne parts against the Scots and being at York did in the Moneth of September by his owne authority and without any lawfull warrant impose a Taxe on his Majesties Subjects in the County of Yorke of eight pence perâ—iem for maintenance of every Souldier of the Trayned bands of that County which Summes of money hee caused to bee leavied by force And to the end to compell his Majesties Subjects out of feare and terrour to yeeld to the payment of the same He did declare that hee would commit them that refused the payment thereof and the Souldiers should be satisfied out of their estates and they that refused it were in very little better condition than of High Treason 28 That in the Moneth of September and October last he the said Earle of Strafford being certesild of the Scottish Army comming into the Kingdome and hee the said Earle of Strafford being Lieutenant Generall of his Majesties Armie did not provide to the defence of the Towne of New-Castle as he ought to have done but suffred the same to be lost that so hee might the more incence the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kings kingdoms of England and Scotland in a Nationall and bloody Warre he did write to the Lord Conway the Generall of the Horse and under the said Earles command that hee should fight with the Scottish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earle that his Majesties Armie then under his command was not of force sufficient to encounter the Scots by which advice of his hee did contrary to the duty of his place betray his Majesties Armie then under his command to apparent danger and losse All and every which Words Counsells and Actions of the said Earle of Strafford traiterously and contrary to his allegeance to our Soveraigne Lord the King and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majesty and to set a division betweene them and to ruine and destroy his Majesties said Kingdomes For which they doe further impeach him the said Thomas Earle of Strafford of High Treason against our Soveraigne Lord the King his Crowne and Dignity The Earle of Bristowes Speech the 7th of Decemb. 1640. MAY this dayes Resolution be as happy as the Proposition which now moves me to rise seasonable and necessary for whether wee shall looke upon the King or the people it did never more behoove us the great Physitian the Parliament to effect a true consent towards all parts than now This debate carries with it a double aspect towards the Soveraigne and towards the Subject though both innocent both injured both to be cured In the representation of Injuries I shall crave your attention In the Cures I shall beseech your equall cares and better Iudgements surely in the greatest humility I speake it their illegall wayes are works and punishments of indignation The raising of Leavies strengthened by Commission with un-heard of instructions the billiting of Souldiers and by Lieutenants and their Deputies without leave have beene as if they would have perswaded Princes nay worlds the right of Empire had beene had to take away what they please by strong hands and they have endeavoured as farre as it was possible for them to doe it This hath not beene done by the King under the pleasing shade of whose Crowne I hope we shall ever gather the fruits of Iustice but the Projectors have extended the Prerogative of the King beyond the limits which mars that sweete harmony They have rent from us the light of our eyes enforced Companies of guests upon us worse than the Ordinary of France vitiated of wives and daughters before our faces brought the Crowne to greater want than ever it was by anticipating the Revenue And can the shepheard be thus smitten and the sheepe not scattered They have introduced a Privie Councell ravishing at once the spheares of all ancient government imprisoning without Bayle or Bond. They have taken from us what shall I say indeed what have they left us All meanes of supplying the King and ingratiating our selves with him taking the rootes of all propriety which if it be seasonably set into the ground by his owne hand we shall have instead of beauty baldnesse To the making of them whole I shall apply my selfe and propound a remedy to all these diseasis by one and the same thing Hath King and People beene hurt and by one and the same thing must they be cured to vindicate what new things no our ancient sober vitall libertie by reinforming our ancient Lawes made by our Ancestors by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them And shall wee thinke that a way to breake a Parliament no our desires are modest and just I speake truely both for the interest of the King and people if we enjoy not this it will bee impossible to relieve him Therefore let us feare they shall not bee accepted by his goodnesse Therefore I shall discend unto my motions which consists of foure parts two of which have relation to the persons two to the properties of goods For the persons the freedome of them from imprisonment and from imployment abroad contrary to the ancient customes for our goods that no leavies be made but in Parliament Secondly no billiting of Souldiers It is most necessary that these be resolved that the subject be secured in both Then the manner in the second place be fit to det-ermine it by a grand Committee Mr. MAINARDS Speech before both Houses in Parliament on Wednesday 24 th of March in reply upon the Earle of Straffords answer to his Articles at the Barre My Lords I Shall repeat little of that which hath beene said onely this That whereas my Lord of Strafford did answer to many particulars yet hee did not answer to that which was particularly objected against him that is that you were to heare the complaints of the whole Kingdome now the particular of our aime is to take off the vizard which my Lord hath put on wherein the truth and honour which is due to his Majestie he would attribute to himselfe My Lords there is one thing which I desire your Lordships to remember it being the maine of our complaints The alteration of the face of government and tradacing of his owne Lawes and this is the burthen upon all the Lords and Commons of Ireland Concerning the breach of Parliament he would put it on Sir George Ratcliffe but iâ—me sure he cannot put off himselfe for Sir George
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
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
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
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
Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester transferre his suit against Leostine from the County ad generale placitum in the time of King Etheldred Queen Edgine against Goda from the County appealed to King Etheldred at London Congregatis principibus sapientibus Angliae a suit between the Bishops of Winchester and Durham in the time of Saint Edward Coram Episcopis principibus Regni inpresentia Regis ventilate finita In the tenth yeer of the Conqueror Episcopi Comites Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis tractandis Convocati saith the book of Westminster And this continued all along in the succeeding Kings raigne untill towards the end of Henry the third AS this great Court or Councell consisting of the King and Barons ruled the great affairs of State and controlled all inferiour Courts so were there certain Officers whose transcendent power seemed to be set to bound in the execution of Princes wills as the Steward Constable and Marshall fixed upon Families in Fee for many ages They as Tribunes of the people or explori among the Athenians grown by unmanly courage fearfull to Monarchy fell at the feet and mercie of the King when the daring Earle of Leicester was slain at Evesham This chance and the deare experience H the 3. himselfe had made at the Parliament at Oxford in the 40. yeare of his Raign and the memory of the many straights his Father was driven unto especially at Rumny-mead neere Stanes brought this King wisely to begin what his Successour fortunately finished in lessoning the strength and power of his great Lords and this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were as the booke of St. Albans termeth them Quot Domini tot Tiranni And by the weakning that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Councell Now began the frequent sending of Writs to the Commons their assent not only used in money charge and making Lawes for before all ordinances passed by the King and Peeres but their consent in judgements of all natures whether civill or criminall In proofe-whereof I will produce some few succeeding Presidents out of Record When Adamor that proud Prelate of Winchester the Kings half brother had grieved the State by his daring power Liber S. Alban fol. 20.7 An 44. H. 3. he was exiled by joynt sentence of the King the Lords and Commons and this appeareth expressely by the Letter sent to Pope Alexander the fourth expostulating a revocation of him from banishment because be was a Church-man and so not subject to any censure in this the answer is Si Dominus Rex Regnimajores hoc vellent meaning his revocation Communit as tamen ipsius ingressum in Angliam jam nullatenus sustineret The Peers subsign this answer with their names and Petrus de Mountford vice totius Communitatis as Speaker or Proctor of the Commons For by that stile Sir John Tiptofe Prolocutor Charta orig sub figil An. 8. H. 4. affirmeth under his Arms the Deed of Intaile of the Crowns by King Henry the 4. in the 8. year of his Raign for all the Commons The banishment of the two Spencers in the 15. of Edward the second Prelati Comites Barones les autres Peeres de la terre Communes de Roialme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widdow of Sir John de Burgo complained in Parliament Rot. Parl. 15. E. 3 vel 2. that Hugh Spencer the younger Robert Boldock and William Cliffe his instruments had by duresse forced to make a Writing to the King wherby she was dispoyled of all her inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones autres grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le det escript per agard del Parliam dampue elloquens al livre a ladit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope Prelâ— Parliam 1. Ed. 3. Rot. 11 that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super his discernerent judicarent quod rationi justitiae conveniret habere prae oculis solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesae Majestatis morti adjudicarent ejus sententia c. When in the 50 yeere of Edw. 3. the Lords had pronounced the sentence against Richard Lions Parl An. 5. Edw. 3. otherwise then the Commons agreed they appealed to the King and had redresse and the sentence entred to their desires When in the first yeere of Richard the second William Weston Parl. An. 1. Rich. 2 11 3.8 3.5 and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Hen. the 4. although the Commons refer by protestation the pronouncing of the sentence of deposition against King Rich. the 2. unto the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one E. one Baron and 2. Knights Gray and Erpingham for the Commons and to infer that because the Lords pronounced the sentence the point of judgement should be only theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Hen. 5. the Petition of the Commons importeth no lesse than a right they had to act and assent to all things in Parliament Rot. Parl. An. 2. H 6. and so it is answered by the King and had not the adjourned Roll of the higher House beene left to the sole entry of the Clark of the upper House who either out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those who immediately served there would have been frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed bodie knit under one
unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries and the fears of greater to prevent the ends and bring the Authors of them to condigne punishment and thereby discharge themselves better before God and man The Protestation your Lordships shall have read unto you together with ground and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble Then the Protestation was read by Master Maynard Die Mercurii 5 May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Preamble togtheer with the Protestation which the Members of this House made the third of May shall be forthwith Printed and the Copies printed brought to the Cleark of the said House to Attest under his hand to the end that the Knights Citizens and Burgesses may send them down to the Sheriffes and Justices of Peace of the severall Shires and to the Citizens and Burgesses of the severall Cities Boroughes and Cinque Ports respectively And the Knights Citizens and Burgesses are to intimate unto the Shires Cities and Boroughes and Cinque Ports with what willingnesse all the Members of this House made this Protestation And further to signifie that as they justifie the taking of it in themselves so the cannot but approve it in all such as shall take it A Preamble with the Protestation made by the whole House of Commons the third of May 1641. and assented unto by the Lords of the upper House the fourth of May last past WE the Knights Citizens and Burgesses of the Commons House in Parliament finding to the griefe of our hearts that the designes of the Priests and Jesuits and other adherents to the See of Rome have of late more boldly and frequently put in practice then formerly to the undermining and danger of the Ruine of the true reformed Religion in his Majesties Dominions established and finding also that there hath bin and having cause to suspect there still are even during the sitting in Parliament endeavours to subvert the fundamentall Lawes of England and Ireland and to introduce the exercise of an Arbitrary and tyrannicall government by most pernicious and wicked counsells practises plots and conspiracies and that the long intermision and unhappier breach of Parliaments hath occasioned many illegall Taxations whereupon the Subjects have beene prosecuted and grieved and that divers Innovations and Superstitions have been brought into the Church Multitudes driven out of his Maiesties Dominions Jealousies raised and Fomented between the King and his people a Popish Armie leavied in Ireland and two Armies brought into the bowels of this Kingdome to the hazard of his Majesties Royall Person the Consumption of the Revenue of the Crown and the treasure of this Realme And lastly finding the great causes of Jealousie endeavours have beene and are used to bring the English Armie into mis-understanding of this Parliament thereby to encline that Armie by force to bring to passe those wicked counsells have therefore thought good to ioyn our selves in a Declaration of our united affections and resolutions and to make this ensuing Protestation The Protestation I A.B. Do in the presence of Almighty God promise vow and protest to maintain and defend as farre as lawfully I may with my life power and estate the true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all popery and popish Innovation within this Realm contrary to the said Doctrine and according to the duty of my Allegiance I will maintain and defend his Majesties Royall Person Honor and Estate As also the power and priviledge of Parliaments the lawfull Rights and Liberties of the Subjects And every person that shall make this Protestation in whatsoever he shall do in the lawfull pursuance of the same and to my power as farre as lawfully I may I will oppose and by all good wayes and means endeavour to bring condigne punishment on all such as shall by force practice counsels plots conspiraces or otherwise do any thing to the contrary in this present protestation contained and further that I shall in all Just and Honorable wayes endeavour to preserve the union and peace betwixt the three Kingdoms of England Scotland and Ireland And neither for hope fear or any other respects shall relinquish this promise vow and Protestation The Bill of Attainder that passed against Thomas Earl of STAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of high Treason for endeavouring to subvert the Ancient and Fundamentall Laws and Government of his Majesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a Tyrannous and exorbitant power over and against the Laws of the said Kingdoms over the Liberties Estates and Lives of his Majesties Subjects and likewise for having by his own authority commanded the laying and asseising of souldiers upon his Majesties Subjects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon papâ—r Petitions in causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a Warlike manner within the said Realm of Ireland and in so doing did levie Warre against the Kings Majesty and his liege people in that Kingdome And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsell and advise his Majesty that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdom for which he deserves to undergo the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the Warres between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his impeachment Be it therefore enacted by the Kings most Excellent Majesty and by the Lords and Commons in this present Parliament assembled and by authority of the same That the said Earl of Strafford for the haynous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incurre the forfeitures of his Goods and Chattels Lands Tenements and Hereditaments of any estate of Free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Judge or Judges Justice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than he or they should or ought to have done before
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
of Rome doth eate into our Religion and fret into he banks and walls of it the Lawes and Statutes of this Realme especially since these Lawes have beene made in a manner by themselves even by their owne Treasons and bloudy designes and since that Poperie is a consused masse of errors casting downe Kings before Popes the Precepts of God before the tradition of men living and reasonable men before dead and sencelesse stocks and stones I desire that we consider the encrease of Arminianisme and errors that makes the grace of God to lackie it after the will of man that makes the Sheepe keepe the Shepheard and make an immortall seed of a mortall God Yea I desire that we looke into the very belly and bowells of this Trojan horse to see if there be not in it men readie to open the gates of Romish tyranny and Spanish Monarchie for an Arminian is the spaune of a Papist and if their come the warmth of favour upon him you shall have him turne into one of those frogs that arise out of the bottomelesse pit and if you marke it well you shall see an Arminian reach out his hand to a Papist to a Jesuite a Jesuite gives one hand to the Pope another to the King of Spaine and therein having kindled a fire in our neighbors Countrey now they have brought some of it hither to set on flame this kingdome also Let us further search and consider whether these be not the men that breake in upon the goods and liberties of this Common-wealth for by these meanes they may make way for the taking away of Religion It was an old tricke of the Devills when he meant to take away Jobs Religion he began at his goods Lay thy hand on all be hath and be will curse even to thy face Rather they thinke hereby to set a distance betweene Prince and people or to finde some other way of supply to avoyd or breake Parliaments that so they may break in upon our Religion and bring in their errors but let us doe as Job did he held fast his Religion and his goods were restored with advantage and if we hold fast God and our Religion these things shall be unto us Let us consider the times past how we flourished in honor and abundance when Religion flourished amongst us but when Religion decayed so the honour and strength of our Nation decayed when the soul of this Common-wealth is dead the bodie cannot long over live it If a man meete a Dogge alone the Dog is fearefull but though never so fierce by nature if that Dog have his Master by him he will set upon that man from whom he fied before This shewes the lower natures being back't with the higher increase in courage and strength and certainly man being back't with omnipotence is a kinde of omnipotence Wherefore let it now be the unanimous consent and resolution of us all to make a vow and Covenant from henceforth to hold fast on God and his Religion and then may we from henceforth expect prosperitie in the Kingdome and Nation to this Covenant Let every one of us say Amen The Accusation and Impeachment of Sir George Ratcliffe by the Commons in this present Parliament Assembled Charging him with High-Treason and other misdemeanours as ensue 1640. IMprimis That he had conspired with the Earle of Strafford to bring into Ireland an Arbitrary Government and to subvert the fundementall Lawes and did joyn with the Earle to bring in an Armie from Ireland to subdue the Subjects of England Secondly That he hath joyned with the Earle to use Regall power and to deprive the Subjects of their liberties and properties Thirdly That he hath joyned with the Earle to take _____ thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profits to their own uses Fourthly That he had Trayterously confederated with the Earle to countenance Papists and build Monasteries to alienate the affections of the Irish Subjects from the subjection of England Fiftly That he had Traiterously confederated with the Earle to draw the Subjects of Scotland from the King Sixthly That to preserve himselfe and the sayd Earle he had laboured to subvert the liberties and priviledges of Parliament in Ireland The Charge of the Scottish Commissioners against the Prelate of CANTERBVRY NOvations in Religion which are universally acknowledged to be the maine cause of commotions in Kingdomes and States and are knowne to be the true cause of our present troubles were many and great beside the book of Ordination and Homilies 1. Some particular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgy or booke of Common-prayer which did also carry with them many dangerous errors in matters of Doctrine Of all which we challenge the Prelate of Canterburie as the prime cause on earth And first that this Prelate was the Author and urger of some particular changes which made great disturbance amongst us we make manifest 1. By fourteen letters subscribed W. Cant. in the space of two yeares to one of our pretended Bishops Bannatine wherein he often enjoyneth him and other pretended Bishops to appeare in the Chappell in their whites contrary to the custome of our Kirk and to his promise made to the pretended Bishop of Edinburgh at the Coronation that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappell twice a day for his neglect shewing him that he was disappointed of the Bishopricke of Edinburgh promising him upon the greater care of these Novations advancement to a better Bishoprick taxing him for his boldnesse in Preaching the sound Doctrine of the reformed Kirks against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senators of the Colledge of Justice who did not communicate in the Chappell in a forme which was not received in our Kirk commending him when he found him obsequious to these his commands telling him that he had moved the King the second time for the punishment of such as had not received in the Chappell and wherein he upbraided him bitterly that in his first Synod at Aberdein he had only disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seen in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the
lives And who are they Master Speaker that have overthrown our two great Charters Magna Charta and Charta de Forresta What imposition hath beene laid downe or what Monopoly hath beene damned in any Court of Justice since the last Parliament Hath not ship-money Coale and conduct money and money for other Military charges beene collected and leavied with as great violence as ever they were in violation of our liberties confirmed unto us in our Petition of Right notwithstanding all our supplications and complaints the last Parliament And who are they Master Speaker that have caused all those dangerous Convulsions and all the desperate unnaturall bloudy distempers that are now in our body politique Master Speaker I will tell you a passage I heard from a Judge in the Kings-Bench There was a poore man committed by the Lords for refusing to submit unto a project and having attended a long time at the Kings-Bench Barre upon his Habeas Corpus and at last pressing very earnestly to be bayled The Judge said to the rest of his brethren Come Brothers said he let us Baile him for they begin to say in the Towne that the Judges have overthrowne the Law and the Bishops the Gospell Master Speaker I would not be misunderstood in what I have said for there are some of both functions and professions that I highly honour and reverence in my heart for their wisedomes and integrities But Master Speaker I may say it for I am sure we have all felt it that there are some of both functions and professions that have beene the Authors and causers of all the Miseries Ruines and Calamities that are now upon us Master Speaker This is the Age This is the Age Master Speaker that hath produced and brought forth Achitophells Hammans Woolsies Empsons and Dudlies Tricilians and Belknapps Vipers and Monsters of all sorts And I doubt not but when his Majestie shall be truly enformed of such matters as we are able to charge them withall wee shall have the same Justice against these which heretofore hath beene against their Predecessors in whose wicked steps they have trodden And therefore Master Speaker to put our selves into a way for our redresse and reliefe I conceive it were fit that a Committee might be named to take these Petitions that have now beene read and all others of the like nature into their considerations to the end that the parties grieved may have just repaire for their grievances and that out of them Lawes may be contrived and framed for the preventing of the like mischiefs for the future FINIS THE LORD DIGBYES SPEECH IN THE HOVSE of Commons to the Bill of Attainder of the Earle of STRATFORD the 21. Aprill 1641. Master Speaker WE are now upon the point of giving as much as in us lies the finall Sentence unto death or life on a great Minister of State and Peere of this Kingdome Thomas Earle of Strafford a name of hatred in the present age by his Practices and fit to be made a terror to future Ages by his punishment I have had the honour to bee imployed by the House in this great businesse from the first houres that it was taken into consideration it was a matter of great trust and I will say with confidence that I have served the House in it with industry according to my ability but with most exact faithfulnesse and secrecie And as I have hitherto discharged my duty to this House and to my Country in the progresse of this great Cause so I trust I shall doe now in the last period of it to God and to a good conscience I doe wish the peace of that unto my selfe and the blessings of Almighty God to mee and my posterity according as my judgement on the life of this man shall be consonant with my heart and the best of my understanding in all integrity I know well Master Speaker that by some things I have said of late whilest this Bill was in agitation I have raised some prejudices upon me in the cause Yea some I thank them for their plaine dealing have beene so free as to tell me that I suffered much by the backwardnesse I have shewne in this Bill of Attainder of the Earle of Strafford against whom I had beene formerly so keene so active Mr. Speaker I beg of you and the rest but a suspension of judgement concerning me till I have opened my heart unto you freely and clearly in this businesse Truely Sir I am still the same in my opinions and affections as unto the Earle of Srafford I confidently beleeve him the most dangerous Minister the most insupportable to free Subjects that can be character'd I beleeve his practises in themselves as high as tyrannicall as any Subject ever ventured on and the malignity of them hugely aggravated by those rare abilities of his whereof God hath given him the use but the Devill the application In a word I beleeve him stil that grand Apostate to the Common-wealth who must not expect to be pardoned it in this world till hee be dispatch'd to the other And yet let mee tell you Master Speaker my hand must not be to that dispatch I protest as my Conscience stands enformed I had rather it were off Let me unfold unto you the Mysterie Master Speaker I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly by putting you in mind of the difference betweene Prosecutors and Judges How misbecomming that fervour would be in a Judge which perhaps was commendable in a Prosecutor Judges we are now and must put on another Personage It is honest and noble to be earnest in order to the discovery of Truth but when that hath beene brought as farre as it can to light our judgement thereupon ought to be calme and cautious In prosecution upon probable grounds we are accountable onely for our industry or remisnesse but in judgement we are deeply responsable to God Almighty for its rectitude or obliquity In cases of life the Judge is Gods Steward of the parties bloud and must give a strict account for every drop But as I told you Master Speaker I will not insist long upon this ground of difference in mee now from what I was formerly The truth on 't is Sir the same ground whereupon I with the rest of the five to whom you first committed the consideration of my Lord of Strafford brought downe our opinion that it was fit he should be accused of Treason upon the same ground I was engaged with earnestnesse in his prosecution and had the same ground remained in that force of beliefe with me which till very lately it did I should not have beene tender in his condemnation But truly Sir to deale plainly with you that ground of our accusation that spurre to our prosecution and that which should be the basis of my judgement of the Earle of Strafford as unto Treason is to my understanding quite vanisht away