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
into the mouth of the Prophet to Abab to speak delusions to subvert the host of God The most vehement and trayterous encounter of Sathan is lively deci hered in the true example of Job where first I observe the dismologie he overthrowes not Jobs Magna Charta he dâ—sseizes him not of his inheritance nor dispossesses him of his Leases but only disrobes him of some part of his personall estate when he proceeds to infringe Jobs liberty he doth not pillorie him nor cut off his ears nor bore him through the tongue he only spots him with some ulcers here Sathan stains when these persons by their traiterous combinations envie the very bloud that runs unspilt in our veines and by obtruding bloody Acts damn'd in the last Parliament will give Sathan size ace and the Dice at Irish in inthralling the lives of the Subjects by their arbitrary Judicature I would not my Lords be understood to impute to the Judges and infallibilitie of error nor in impeaching these to traduce those whose candor and integrity shine with more admired lustre then their white furres who like trophees of virgin-justice stood fixt and unmov'd in the rapid torrent of the times while these like strawes and chips plai'd in the streams untill they are devolv'd in the Ocean of their deserved ruine No my Lords humanum est errare and the Law allowes Writs of Error and arrest of Judgement but where there is crassa ignorantia against their Oath against the Fundamentall Elementary and known Lawes of the Kingdome Nay my Lords where it is rather praemeditaâ—a malitia where there is an emulating policie who should raze and embessell the Records in the practique that are for the tender preservation of our liberties estates and lives seeking only to be glorious in a nationall destruction as if their safety were only involved in our ruine there I have command to pitty but not excuse them To kill a Judge quatenus a Judge is not Treason but to kill a Judge sitting in the place of Iudicature is Treason not for that the Law intends it out of any malice against the party but for the malice against the Law where then can an intensive or an extensive malice be exprest or implyed against the Law then the practicall dialect of these persons impeach't speaks with a known and crying accent The Benjamites slang stones with their left hands yet they would not misse a hairs breadth these extrajudiciall proceedings are slung with the left I meane they are sinistrious and imprint their blacke and blew marks more certaine and more fatall for that they may say Quae regio in terris nostri non plena laboris Though these things be familiar unto us yet I cannot but admire how this unproportionable body of Iudicature should swell up into such a vast and ulcerous dimension but why should I considering this excentrick motion of the body of the Law had his birth obscure resembling the tares that were sowed in the night time but here is the difference they were sowne by the enemy in the absence of the Master but these are sowne by the Grand-masters themselves purposely to overtop and choak the expected Harvest Innovations in Law and consequently in government creep in like heresies in Religion slily and slowly pleading it the end a sawcy and usurp't legitimacy by uncontrol'd prescription My Lords this is the first sitting and I have onely chalked out this deformed body of high Treason I have not drawn it at length least it might fright you from the further view thereof in conclusion it is the humble defire of the Commons that the parties impeached may be secured in their persons sequestred from this House from the Counsell Table and all places of Iudicature as being Civiliter mortui that they may put in their answers to the Articles ready now to be exhibited against them and that all such further proceedings may be secretly expedited as may be sutable to Iustice and the precedents of Parliaments so his Majesty may appeare in his triumphant goodnesse and indulgency to his people and his people may be ravisht in their dutifull and cheerefull obedience and loyalty to his Maiesty your Lordships may live in Records to Posterity as the instrumentall reformers of those corrupted times and that the Kingdome and Common-wealth may pay an amiable sacrifice in retribution and acknowledgement of his Maiesties multiplyed providence for our preservation herein Articles of the Knights Citizens and Burgesses in the Parliament assembled against Sir Ric Bolton Kt. Lord Chancellor of Ireland John Lord B. of Derry and Sir Gerard Lowther Kt. L. Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Kt. in maintenance of the accusation whereby they and every of them stand charged with high Treason FIrst that they the said Sir Richard Bolton Knight Lord Chancellor of Ireland John L. Bishop of Derry Sir Ger. Lowther Kt. Lord Chief Justice of his Majesties Court of Common-Pleas and Sir George Radcliffe Knight intending the destruction of the Common-wealth of this Realm have trayterously confederated and conspired together to subvert the Fundamentall Laws and Government of this Kingdom and in pursuance thereof they and every of them have trayterously contrived introduced and exercised an arbitrary and tyrannicall Government against Law thorowout this Kingdom by the countenance and assistance of Thomas Earl of Strafford then chief Governour of this Kingdom II. That they and every of them the said Sir Richard Bolton Kt. L. Chancellor of Ireland John L. Bishop of Derry Sir Gerard Lowther Kt. L. chief Justice of the Common Pleas and Sir George Radcliffe Kt. have trayterously assumed to themselves and every one of them regall power over the goods persons lands and liberties of his Majesties Subjects in this Realm and likewise have maliciously perfidiously and trayterously given declared pronounced and published many false unjust and erroneous opinions Judgements Sentences and Decrees in extrajudiciall manner against Law and have perpetrated practised and done many other trayterous and unlawfull acts and things whereby as well divers mutinies seditions and rebellions have been raised as also many thousands of his Majesties liege people of this Kingdom have been ruined in their goods lands liberties and lives and many of them being of good quality and reputation have been utterly defamed by Pillory mutilation of members and other infamous punishments By means whereof his Majesty and the Kingdom have been deprived of their service in Juries and other publike imployments and the generall trade and traffique of this Island for the most part destroyed and his Majesty highly damnified in his customes and other revenues III. That they the said Sir Rich. Bolton John L.B. of Derry Sir Ger. Lowther K. and Sir G. Radcliffe and every of them the better to preserve themselves and the said Earl of Strafford in these and other trayterous courses have laboured to subvert the rights of Parliament and the ancient course of Parliamentary proceedings all which
offences were contrived committed perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their oathes of the same at such times as the said Sir R. Bolton Kt. was Lord Chancellor of Ireland or chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord chief Justice of the said Court of Common Pleas and against their Oathes of the same and at such time as the said John L. Bishop of Derry was actuall Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their allegiance severall and respective oathes taken in that behalf IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn L. B. of Derry Sir Gerard Lowther Kt. L. chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the liberty of exhibiting at any time hereafter any accusation or impeachment against the said Sir Rich. Bolton Iohn L. Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their answers which they and every of them shall make to the said Articles or any of them and of offering proof also of the premisses or of any other impeachment or accusation as shall be by them exhibited as the case shall according to the course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerard Lowther Knight Lord chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Knight and every of them be put to answer to all and every of the premisses and that all such Proceedings Examinations Triall and Iudgement may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Sir Thomas Wentworths speech XXij d. Martij 1627. MAy this dayes resolution be as happy as I conceive the proposition which now moves me to rise is seasonable and necessary for whether we shall look upon the King or the people it did never more behove this great Physitian the Parliament to effect a true consent towards the parties then now This debate carryes with it a double aspect towards the Soveraign towards the Subject though both innocent both injured both to be cured In the representation of injuries I shall crave your attention in the Cures I shall beseech your equall cares and better judgements surely in the greatest humility I speak it these illegall waies are marks and punishments of indignation The raising of Leavies strengthned by Commission with unheard of instructions the billetting of Souldiers by Lievetenants without leave have been as if they could have perswaded Christian Princes nay Worlds the right of Empire had been to take a way by strong hand and they have endeavoured as far as was possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors They have extended the prerogative of the King beyond the just Center which was the sweet harmony of the whole They have rent from us the light of our eyes inforced a company of Guests worse than the Ordinaries of France vitiated our wives and daughters before our faces brought the Crown to greater want than ever it was by anticipating the Revenue and can the Shephard be thus smitten and the flock not scattered They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government imprisoning us without Bail or Bond. They have taken from us what shall I say indeed what have â—hey left us all mean of supplying the King and ingratiating our selves with him taking up the roots of all propriety which if it be not seasonably set into the ground by his Maiesties hand we shâ—ll have instead of beauty baldnesse To the making of them whole I shall apply my self and propound a remedy to all these diseases by one and the same thing hath the King and people been hurt and by the same must they be cured to vindicate what New things No. Our ancient sober vitall liberties by reinforcing of the ancient Lawes made by our Ancestors by setting such a Character upon them as no licentious spirit shall dare hereafter to enter upon them And shall we thinke this away to break a Parliament Nâ— Our desires are modest and iust I speak truly both for the interest of the King and People If we enjoy not those it will be impossible to relieve him Therefore let us never fear that they shall not be accepted by his goodnesse Wherefore I shall descend to my motions which conconsists of four parts two of which have relation to the persons two to the propriety of goods for the persons the freedome of them from imprisoning Secondly from employments abroad contrary to the ancient customes for our goods that no leavies may be made but in Parliament Secondly no billetting of Souldiers It is most necessary that these be resolved that the Subiects may be secured in both Then for the manner in the second place it will be fit to determine it by a Grand Committee Sir Thomas Wentworths Speech 21. of Aprill Anno 1628. Right wise Right worthy TOo many instigations importune the sequell of my words First the equitie of your proceedings Secondly the honesty of my request for I behold in all your intendments a singularity grounded upon discretion and goodnesse and your consultations steered as well by Charity as extremity of justice This order and method I say of your procedings together with the importunity offered of the Subject in hand have emboldned me to solicite an extension of the late granted protections in generall The lawfulnesse and honesty of the propositions depends upon these two particulars I. The present troubles of the parties protected having run themselves into a further and almost irrecoverable hazards by presuming upon and feeding themselves with the hopes of a long continuing Parliament II. Let the second be this consequence That that which is prejudiciall to most ought to minister matter of advantage to the rest sith then our interpellations and disturbances amongst our selves are displeasing almost to all if any benefit may be collected let it fall upon those for I think the breach of our Session can befriend none but such nor such neither but by means of the grant before hand And because it is probable that his Majesty may cause a Remeeting
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
whole matter of my Lord of Stafford Mr. St. Johns Argvment The KINGS Majesties First Speech in Parliament the third of November 1640. My Lords THe knowledge I had of the desires of my Scottish Subjects was the cause of my calling the last Assembly of Parliament wherein had I beene beleeved I sincerely thinke that things had not fallen out as now we see But it is no wonder that men are so slow to beleeve that so great a sedition should be raised on so little ground But now my Lords and Gentlemen the honour and safety of this Kingdome lying so neerely at the stake I am resolved to put my self freely and cleerly on the love and affections of my English Subjects as these of my Lords that did wait on me at York very well remember I there declared Therefore my Lords I shall not mention mine own interest or that support I might justly expect from you till the common safety be secured though I must tell you I am not ashamed to say those charges I have been at have been meerly for the securing and good of this Kingdome though the successe hath not been answerable to my desires Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdome wherein their are two parts chiefly considerable First the chastifing out of the Rebells And secondly that other in satisfying your just grievances wherein I shall promise you to concurre so heartily and cleerely with you that all the World may see my intâ—ntions have ever beene and shall be to make this a glorious and flourishing Kingdome There are only two things that I shall mention to you First the one is to tell you that the Loane of money which I lately had from the City of London wherein the Lords that waited on me at Yorke assisted me will only maintain my Armie for two moneâ—hs from the beginning of that time it was granted Now my Lords and Gentlemen I leave it to your considerations what dishonour and mischiefe it might be in case for want of money my Armie be disbanded before the Rebells be put out of this Kingdome Secondly the securing the calamities the Northern people endure at this time and so long as the treaty is on foot And in this I may say not only they but all this Kingdome will suffer the harme therefore I leave this also to your consideration for the ordering of these great affairs whereof you are to treat at this time I am so confident of your love to me and that your care is for the honour and safety of the Kingdome that I shâ—ll freely and willingly leave to you where to begin only this that you may the better know the state of all the Affairs I have commanded my Lord Keeper to give you a short and free accompt of these things that have happened in this interim wiâ—h this Protestation thaâ— if this accompt be not satisfactory as it ought to be I shall whensoever you desire give you a full and perfect accompt of every particular One thing more I desire of you as one of the greatest means to make this a happy Parliament That you on your parts as I on Mine lay aside all suspition one of another as I promised my Lords at Yorke It shall not be my fault if this be not a happie and good Parliament The Kings speech in Parliament the fift of November 1640. My Lords I do expect that you will hastily make relation to the House of Commons of those great affairs for which I have called you hither at this time and for the trust I have reposed in them and how freely I put my selfe on their love and affections at that time and that you may know the better how to do so I shall explaine my selfe concerning one thing I spake the last day I told you the Rebells must be put out of this Kingdome it 's true I must needs call them so so long as they have an Armie that do invade us and although I am under treaty with them and I under my great Seale do call them Subjects and so they are too but the state of my Affairs in short is this It 's true I did expect when I did will my Lords and great ones at Yorke to have given a gracious answer to all your grievances for I was in good hope by their wisedomes and assistances to have made an end of that businesse but I must tell you that my Subjects of Scotland did so delay them that it was not possible to end there Therefore I can no wayes blame my Lords that were at Rippon that the treaty was not ended but must thanke them for their pains and industry and certainly had they as much power as affections I should by that time have brought these distempers to a happy period so that now the treaty is transported from Rippon to London where I shall conclude nothing without your knowledge and I doubt not but by your approbation for I do not desire to have this great work done in a corner for I shall lay open all the steps of this mis-understanding and causes of the great differences between Me and my Subjects of Scotland And I doubt not but by your assistance to make them know their duty and also by your assistance to make them return whether they will or no. The Kings Speech to both the Houses Ianuary 25. 1640. My Lords THe Knights Citizens Burgesses The principall cause of my comming here at this time is by reason of the slow proceedings in Parliament touching which is a great deale of inconvenience Therefore I think it very necessary to lay before you the state of my affairs as now they stand therby to hasten not interrupt your proceedings First I must remember you that there are two Armies in the Kingdome in a manner maintained by you the very naming of which doth more cleerly shew the inconvenience thereof then a better tongue then mine can expresse Therfore in the first place I shall recommend unto you the quick dispatch of that businesse assuring you that it cannot rest upon me In the next place I must recommend unto you the State of my Navie and Forts the condition of both which is so well known unto you that I need not tell you the particulars only thus much they are the Walls and defence of this Kingdome which if out of order all men may easily judge what incouragement it will be to Our enemies and what disheartning to our friends Last of all and not of the least to be considered I must lay before you the distractions that are at this present occasioned through the cause of Parliament for there are some men that more maliciously than ignorantly will put no difference betweene Reformation and alteration of government Hence it commech that divine Service is irreverently interrupted and Petitions in an ill way given in neither disputed nor denied But I will enter into no more particulars
but shew you a way of remedie by shewing you my cleer intentions and some marke that may hinder this good worke I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church and Common-wealth and consequently that all Courts of Justice may be reformed according to Law For my intentions is cleerly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth Moreover whatsoever part of my Revenue shall be found illegall or heavy to my Subjects I shall be willing to lay down trusting in their affections Having thus cleerly and shortly set down my intentions I will shew you some rubs and must needs take notice of some very strange I know not what terme to give them Petitions given in the name of divers Counties against the established government of the Church and of the great threatnings against the Bishops that they will make them to be but a Cipher or at least taken away If some of them have incroached too much upon the Temporaltie if it be so I shall not be unwilling these things should be redressed and reformed as all other abuses according to the wisdome of former times so farre I shall go with you no farther If upon serious debate you shall shew that Bishops have some Temporall Authority not so necessary for the government of the Church and upholding Episcopall Jurisdiction I shall not be unwilling to desire them to lay it down but this must not be understood that I shall any way consent that their voice in Parliament should be taken away for in all the times of my Predecessors since the Conquest and before they have enjoyed it I am bound to maintain them in i as one of the fundamentall Institutions of this Kingdome There is one other Rock you are on not in substance but in service and the forme is so essentiall that unlesse it be reformed will split you on that Rock There is a Bill lately put in concerning Parliaments The thing I like well to have frequent Parliaments but for Sheriffes and Constables to use my Authoritie I can no wayes consent unto But to shew that I desire to give you content in substance as well as in shew that you shall have a Bill for doing thereof so that it do not trench neither against my Honor neither against the ancient Prerogatives of the Crowns concerning Parliaments Ingeniously confesse often Parliaments is the fittest means to keep correspondencie betweene Me and my People that I doe so much desire To conclude now all that I have shewen you the state of my Affairs My own cleere intentions and the Rocks I would have you shun To give you all contentment you shall likewise finde by these Ministers I have or shall have about me for the effecting of these my good intentions which shall redouble the peace of the Kingdome and content you all Concerning the conference you shall have a direct answer on Monday which shall give you satisfaction The Kings speech to both Houses of Parliament in the Lords House at the passing of the Bill for a Trieniall Parliament the 16th of November 1640. MY Lords and you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with Me at the Banquetting House at Whitehall I did declare unto you two Rocks I wished you to eschew this is the one of them and of that consequence that I thinke never Bill passed here in this House of more favour to the Subjects then this is and if the other Rocke be as happily passed over as this shall be at this time I do not know what you can aske for ought I can see at this time that I can make any question to yeeld unto Therefore I mention this to shew unto you the sence that I have of this Bill and obligation as I may say that you have to me for it for hitherto to speake freely I have had no great incouragement to doe it if I should looke to the outward face of your actions or proceedings and not looke to the inward intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concernes your selves to amend and yet those things that meerly concernes the strength of this Kingdom neither for the State nor my own particular This I mention not to reproach you but to shew you the state of things as they are you have taken the Government almost in peeces and I may say it is almost off the hinges A skilfull Watchmaker to make cleane his Watch he will take it a sunder and when it is put together it will go the better so that he leave not forth then one pin in it Now as I have done all this on my part you know what to do on your parts and I hope you shall see cleerly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to me and this is the great expression of trust that before you do any thing for me that I do put such a confidence in you HIS MAJESTIES Letter to the Lords on the behalf of the Earle of Strafford sent by the PRINCE My Lords I Did yesterday satisfie the Justice of the Kingdome by passing of the Bill of Attainder against the Earle of Strafford but mercie being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfill the naturall course of his life in a close imprisonment yet so that if ever he make the least offer to escape or offer directly or indirectly to meddle in any sort of Publique businesse especially with me either by Message or Letter it shall cost him his life without further Processe This if it may be done without the discontentment of my People will be an unspeakable contentment to me To which end as in the first place I by this Letter do earnestly desire your approbation and to endeare it the more have chosen him to carry it that of all your House is most dear to me So I desire that by a conference you will endeavour to give the House of Commons contentment Likewise assuring you that the excuse of mercy is no more pleasing to me then to see both Houses of Parliament consent for my sake that I should moderate the severity of the Law in so important a case I will not say that your complying with me in this my intended mercie shall make me more willing but certainly t' will make me more cheerfull in granting your just grievances But if no lesse than his life can satisfie my People I must say fiat justitia Thus again recommending the consideration of my intentions to you I rest Whitehall the 11th of May 1641. Your unalterable and affetionate Friend CHARLES R. If he must dye it were charity to
Reprieve him till Satterday May 11th 1641. THis Letter all written with the Kings own hand the Peers this day received in Parliament delivered by the hand of the Prince It was twice read in the House and after serious and sad consideration the House resolved presently to send 12. of the Peers Messengers to the King humbly to signifie that neither of the two intentions expressed in the Letter could with duty in them or without danger to himselfe his dearest Consort the Queene and all the young Princes their Children possibly be advised With all which being done accordingly the reasons shewed to his Maiesty He suffered no more words to come from them but out of the fulnesse of his heart to the observance of Justice and for the contentment of his people told them that what he intended by his Letter was with an if if it may be done without discontentment of his People if that cannot be I say againe the same that I writ fiat justitia My other intention proceeding out of charity for a few dayes respite was upon certain information that his Estate was so distracted that it necessarily required some few dayes for setlement thereof Whereunto the Lords answered their purpose was to be Suitors to his Maiesty for favour to be shewed to his innocent Children and if himselfe had made any provision for them that the same might hold This was well liking to his Maiesty who thereupon departed from the Lords at his Maiesties parting they offered up into his hands the Letter it selfe which he had sent but He was pleased to say my Lords what I have written to you I shall content it be Registred by you in your House In it you see my minde I hope you will use it to my honor This upon returne of the Lords from the King was presently reported to the House by the Lord Privy Seal and ordered that these Lines should go out with the Kings Letter if any copy of the Letter were dispersed THAT BISHOPS ought not to have Votes in PARLIAMENT 1 BEcause it is a very great hinderance to the exercise of their Ministeriall Function 2 Because they doe vow and undertake at their Ordination when they enter into holy Orders that they will give themselves wholly to that Vocation 3. 4 Because Counsells and Canons in severall Ages do forbid them to meddle with secular affairs because 24 Bishops have dependancie on the two Archbishops and because of their Canonicall obedience to them 5 Because they are but for their lives and therefore are not fit to have legislative power over the honors inheritance persons and liberties of others 6 Because of Bishops dependancie and expecting translations to places of great profit 7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects and they and their Successors will be much incouraged still to incroach and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order be to be Judges of those complaints the same reason extends to their legislative power in any Bill to passe for the regulation of their power upon any emergent inconveniencie by it 8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops which hath beene found so grievous to the three Kingdomes that Scotland hath utterly abolished it and multitudes in England and Ireland have petitioned against it 9 Because Bishops being Lords of Parliament it setteth too great a distance betweene them and the rest of their Brethren in the Ministry which occasioneth pride in them discontent in others and disquiet in the Church To their having Votes a long time Answ If inconvenient Time and usage are not to be considered with Law-makers some Abbots voted as anciently in Parliament as Bishops yet are taken away Therefore the Bishops Certificate to plenary of Benefice and loyalty of Marriage the Bill extends not to them For the secular Jurisdictions of the Deane of Westminster the Bishops of Durbam and Ely and the Archbishop of Yorke which they are to execute in their owne persons the former reasons shew the inconveniencies therein For their Temporall Courts and Jurisdictions which are executed by their Temporall Officers the Bill doth not concerne them The Lord Keepers Speech in the Upper House of Parliament Novemb. 3. 1640. My Lords ANd you the Knights Cittizens and Burgesses of the House of Commons you have been summoned by His Majesties Gracious Writ under the great Seal of England and you are here this day assembled for the holding of a Parliament The Writ tels you t is to treat and consult of the High Great and weighty affairs that concern the estate and safety of the Kingdom It tels you true that since the Conquest never was there a time that did more require and pray for the best advice and affection of the English people It is ill viewing of objects by viewing them in multiplying Glasse and it is almost as mischievous in the speech of such a broken Glasse which represents but to the half The onely and the perfect way is to look in a true Mirror I will not take upon me to be a good looker in it I will onely hold it to you to make use of it The Kingdom of England is this multiplying Glasse you may there see a State which hath flourished for divers hundred yeers famous for time of peace and warre glorious at home and ever considerable abroad A Nation to whom never yet any Conqueror gave new Laws nor abolished the old nor would this Nation ever suffer a Conqueror to meddle with their Laws no not the Romanes who yet when as they subdued all the people made it part of the Conquest to leave their Laws in triumph with them For the Saxons Danes and the Normans if this were a time to travell into such particulars it were an easie task to make it appear that it never changed the old established Lawes of England nor ever brought in any new so as you have the frame and constitution of a Common-wealth made glorious by antiquity And it is with States as with persons and families certainly an interrupted pedigree doth give lustre It is glorious in the whole frame wortth your looking upon long and your consideration in every part The King is the head of the Common-wealth the Fountain of Justice the life of the Law He is anima deliciae legis Behold Him in His glorious Ancestors that have so swayed the Scepter of the Kingdome Behold Him in the high attributes and the great prerogatives which so ancient and unalterable Laws have given and invested him with Behold Him in the happy times that we have so long lived under His Monarchiall government For His excellent Majesty that now is our most Gratious Soveraign you had need wipe the Glasse and wipe your eyes and then you shall truely behold him a King of exemplary Pietie and Justice and a King of rare endowments and
abilities of nature and what he hath got by acquisition depth of judgement quicknesse of apprehension unparaleld moderation in great Councels and great affaires such as you my Lords that had the happinesse to attend Him at the Councell of the Peeres at York to your great joy and comfort can witnesse and after ages will remember to His eternall honour and same For His just and pious Government I dare boldly say that if any under Him as our Instrument have had the distributing of justice to His people have not done as they ought the fault is their own and they have done contrary to the Royall Nature and expresse Command of our Gratious Soveraign from whom I have often learned this golden Rule and Maxim he serves me best that serves me with honesty and integrity Behold Him in another part of Himself in His dearest comfort our Gracious Queen the mirror of Vertue from whom since Her happy arrivall here now above three lustres of yeetes never any Subject record other then gratious and benigne Influence and I dare a vow as She is neerest and dearest to our Soveraign so there is none whose affections and endeavours His Majesty onely excepted hath or doth or can cooperate more to the happy successe of this Parliament and the never to be equalled joy and comfort of a right understanding between the King and His people Behold Him in His best image our excellent young Prince and the rest of the Royall and lively Progeny in whom we cannot but promise to our selves to have our happinesse perpetuated From the Throne turn your eyes upon the two supporters of it on the one side the Stemne of honour the Nobility and Clergy on the other side the Gentry and Commons Where was there or is there in any part of the world a nobility so numerous so magnanimous and yet with such a temper that they neither ecclipse the throne nor overtop the people but keep in a distance fit for the greatnesse of the Throne Where was there a Common-wealth so free and the ballance so equally held as here And certainly so long as the beam is so held it cannot be otherwise in right Anglis if you turn the line never so little it groweth quickly accute or obdure and so in States the least deviation makes a great change But His Majesties great wisedome and goodnesse and the assistance of the Honourable Assembly I do not doubt will be a means to make us stear between the Teophick of moderation that there be no declension from the poole of severity I am by His Maiesties Command to relate to you some proceedings since the last Assembly here You may remember the Summer preceding this last His Majesty went with an Army into the North ingaged in honour so to do by reason of the câ—urses that were taken by divers of the Subjects in Scotland in the prejudice of Monarchy and rendring lesse glorious this Kingdom I know not under what pretence but all that time they came very neer England with an Army so neer that it was believed they would have then entred and invaded the Kingdome They did professe the contrary neither did they want remonstrations and declarations to infuse this opinion into the hearts of His Majesties people before it would by the effects What their intentions from the beginning were His Maiestie by His goodnesse and wisedome settled a Peace and made a pacification at Barwick upon which both Armies were disbanded which pacification and every Article of it His Maiesty for His part hath been so far from violating that whensoever any question shall be made of it shall plainly and clearly appear it was His care to see it in all things performed On the contrary those Subiects of His not contented with that grace which His Maiesty then gave them in those Articles of pacification they have strained them beyond the bounds and limits of the intention and meaning but they over and above attempted and acted divers things so prejudiciall to Monarchy and contrary and repugnant to the Law and settled constitution and usage of that Kingdome that His Maiesty could not in honour continue at it This being made known unto His Maiesty and to His Privy Councell by those who best knew the State and affairs of that Kingdom and that were most trusted and imployed by His Maiesty His Maiesty by the unaminous consent of His Privy Councell resolved to raise an army to reduce them to their modest and iust condition of true obedience and subiection to defend this Kingdome from all damage and danger that by their means how specious soever they shaddow their pretences they might fall upon it His Maiesty then foresaw and foretold that the raising of an Army at this time was but to stand upon their own defence as they professed and they had an intention to enter this Kingdome and to seize upon some place of importance and eminency and His Maiesty in particular named Newcastle Had His Maiesty then had means and money aswell as he had certain knowledge of their intentions I do beleeve that these calamities that have fallen upon that Town and the Counties adioyning had been prevented Perhaps the misinterpretation of His Maiesties intentions and the misunderstanding of His actions and I am a fraid the two benigne interpretation of the attempts actions and professions of the Subiects in Scotland added sâ—me impediment to that which the most of us I hope have lived to repent of His Maiesty howsoever wâ—nt in Person to the North to see His Army ordered and to take care for the safety and defence of this Kingdom asmuch as he possible could He had not long been there but that which he foresaw and foretold fell out for the Scots passed with their Army the Rivers Tweed and Tine and seized upon Newcastle which of what importance it is you all know And that they force contribution of the Counties of Noâ—thumberland and the Bishoprick of Durbâ—m besides many other spoiles and distructions that were committed His Maiesty well considering of what weight and importance this was and then having neither time nor place to call this assembly of Parliament He did resolve as had been frequently used to summon a great Councell of all the Peeres that by their advice and assistance there might be some interruption given to the calamity that was likely to spread over the whole Kingdome And commanded Writs to issue accordingly That was not done to prevent but to prepare for a Parliament It was not to clash or entor fire with this assembly by acting or ordering any thing which belongeth to this high and supream jurisdiction but onely to give their assistance for the present to render things more fit for this great assembly That His Maiesties intention was so it is cleer for before ever any petition was delivered or ever any speech of petition for a Parliament His Maiesty had resolved to call one The Lords understood It so will plainly appear by the
proceedings of the Assembly of which if those that were Officers and Ministers there had been come to Town upon whose help I rested for my particular instruction I should have been better able to have given you an accompt And His Maiesty was pleased to let you know that when there was an occasion of any particular you may be satisfied in it According to His Maiesties command 24. of September all the Peeres were summoned all except some few did meet where His Maiesty was In the first place pleased to declare unto us His resolution to call a Parliament and to all our ioyes and contents as he hath now done it to yours and ours declared that there was nothing he did more desire then to be rightly understood of His people And whosoever he be that shall go about effect it I am sure he cannot to attempt or indeavour to alter this gracious declaration and resolution of His Maiesty or whosoever shall go about to poyson the hearts of His good Subiects with an opinion that it can be so or lesson the affection of His loving Subiects for certainly never Subiects of the world better loved their King then the English nor ever did ever English-men better love a King then now if I say there be any sucâ— may acurse and punishment fall up 〈◊〉 But â—et the Royall Throne be for ever Hâ—â— Majesty was then pleased to tell us the cause for which 〈◊〉 had called us together In the first place it was touching an answer to a petition that had bâ—en since his coming to York And before His assembly sent unto him from those His Subiects of Scotland that were at Newcastle The first thing that His Maiesty desired their advice in was â—â—e answer to that petition The next thing His Maiesty conceived And all that were there were of one opinion with one voyce and consent that it was not fit His Maiesty should disband His Army so long as the Scotch Army was on foot And His Maiesty wished them to take into their consideration what way to have maintenance for His Army in the mean time His Maiesty having opened the cause of calling them together was pleased to expresse himself that He would leave to the Lords their freedom of Debate and himself was ready to have been gone from the Councell but at the humble suite of the Lords he stayed And I am perswaded that nothing was of that ioy to them as His Maiesties presence with such freedome of discourse did every man deliver himself with such grace and sweetnesse did his Maiesty hear them and such content did they take in His moderating guiding and directing those Councells My Lords as holding it most necessary took the latter of those two considerations propounded by His Maiesty to their thoughts and that was the supplying and supporting His Maiesties Army till this Parliament might take some course in it His Maiesty and my Lords did declare themselves as before I have opened unto you that they could never attempt nor have the least thought to make by any Act or Order any thing tending to the Subiect but that it might be left wholly to the supream Jurisdiction And therefore not seeing any other way they resolved by letter to addresse themselves to the City of London And with their letters they sent half a dozen of my Lords My Lord Privy Seal my Lord of Clare who was appointed to go but his urgent occasions prevenâ—ed him Viscount Cambden Lord Coventry Lord Goring and _____ And these Lords they did expresse the joy and content they took in the Kings grace and confidence they had of His gracious assistance was such that they did freely offer themselves and as I dare say there is none but is yet ready to enter into security with His Maieâ—ty And the City gave an answer fit for the Chamber of the King and part of the money is already lent and will be ready I assure my self to supply the rest For the other part the first thing propounded by His Majesty was touching the answer that was to be given to that petition and to the demands of the Subjects in Scotland upon which occasion His Majesty was pleased by those great Officers and Ministers of His that knew best and understood the laws and usages of that Kingdome to expound their demands particularly and to make appear unto their Lordships upon every one wherein they had expounded the Articles of pacification which His Majesty ever desired might be the Square and Rule of the treaty with them My Lords tooke into consideration what was fit to be done for his Majesty then professed as he did oft and as he hath done it during the time of that Councell to be wholy ruled guided and directed by their advice f r the honor of this Nation and safâ—ty of it he did leave it to their wisedomes and considerations against whose advice and without whose judgements and advice he would do nothing My Lords howsoever they had received this information and explanation upon every particular of their demands yet in justice they thought it was fit to hear what could be said on the other side how the objection might be answered and what objection might be made by them against that which seemed to be plain enough For this purpose they were all of opinion and his Majesty was pleased to be of the same opinion that some Lords selected and trusted by that great Councell should Treate with those Subjects of Scotland upon all those particulars to the end that they might see what they did cleerly intend to the end that if a firm peace which was most desired from us might be had or a just Warre to be begun My Lords of the great Councell that were appointed for that purpose were the Earles of Bedford Hertford Essex Salisbury Warwick Bristow Holland and Barkeshire The Barons were the Lords Wharton Paget Rimbolton Brooke Pawlet Howard of Esaich Savile and Dunsmore After which choice some generall insurrections proceeding from the debate and discourses in that great Councell a Commission under the great Seale was given unto them to enable them to treate and conclude as they in their wisedomes and Judgements should thinke fit The place appointed for this treaty was at Rippon where the Lords Commissioners wanted the happinesse of that that they and we had at Yorke of his Maiesties presence And that might be the occasion that more time was spent in it then otherwise would have been yet my Lords omitted not their parts but were desirous to look into the depth to see the utmost extent of their demands But before those of Scotland could come to the maine treaty to explaine themselves touching their demands they made a preparatory demand of maintenance for their Armie and did go so high as to demand Forty thousand Pounds a moneth My Lords that were very unwilling to do any Act or make any order whatsoever as I have opened unto you for the sustenance maintenance and
keeping a foot his Maiesties Armie without this great Assembly which yet they all held fit should not be disbanded were much startled at the demand of maintenance for an Armie that was not the Kings and which they did wish could not continue But my Lords as under that name they could not hear it yet they tooke into consideration the miserable condition of Northumberland the Bishopricke of Durbam and Newcastle They tooke into consideration too the Counties of Cumberland and Westmerland which if the Scottish Armie should enter were scarce able at this time to defend it selfe and it were inconvenient to bring the Kings Armie thither Nay their Lords were satisfied that the County of Yorke was in danger and that not to be prevented but by a battell if the Scots came on with an Armie and my Lords were loath where there were such ods so many twenties to one that a battell should be adventured And if the County of Yorke should be in danger we might quickly foresee how the danger might run over the whole Kingdome And my Lords as well as those that remained at Yorke as those at Rippon having received complaints from the Bishop of Durbam Northumberland and Newcastle and the Maior of Newcastle being imprisoned and some of his Brethren as was represented unto them kept without fire or candle and of divers wastes and spoyles done in the Countrey My Lords did thinke fit that since the Counties of Northumberland the Bishoprick of Durbam and Newcastle had already made a composition and agreement that they would at last ratifie and confirm the composition and agreement so as there might be a cessation of Arms and acts of hostility and that they which had fled from their dwellings in those Counties might returne in safety My Lords for these reasons thought it fit for the present to give way unto them rather than to bazard so great calamitie and affliction that would have fallen on those Counties hereupon they did conclude for 850. pound by day and this to continue for two moneths if the treaty before tooke not effect the two Moneths to begin from the 16th of October then they took Articles for cessation of Arms. So as now the state and condition of things as they were acted I have shortly and summarily delivered to you I dare not adventure upon too many particulars least my memory should faile and if I have not done his Maiesties command I beg his Maiesties pardon And my Lords of what weight and importance this is to the whole Kingdome what deepe consideration it requires in our affections what unsuspected and insuspected affections had we need bring with us is easie to judge It is his Maiesties pleasure that you of the House of Commons repaire to your owne House to chuse your Speaker whom his Maiesty expects you will present to him on Thursday next at two of the clock in the afternoone Mr. SPEAKER his Speech to his Maiesty in the High Court of Parliament the fifth of November 1640. Most gracious and dread Soveraigne IN all submissive humblenesse the Knights Citizens and Burgesses of the house of Commons are here assembled who taking along with them your gracious inclination have according to their ancient liberties designed me their Speaker Whereas I cannot but lament to thinke how great a mist may overcast the hopes of this sessions yet a note of favour to mee who cannot but judge my selfe unfit for so great imployment which so appeares to the whole World Many there bee of deepe judgement and sad experience that might have added lustre to this action an expedition to the worke if they had pleased to have left me in that meane condition they found me Non mihitacuisse nocet Nocet esse locutum And then might your Sacred and pious intentions have had their full advancement But is it yet too late may I not appeale to Cesar Yes I may and in the lowest posture of humilitie I humbly beseech your sacred Majesty to interpose your royall authority to command a review of the house for there were never more then now fitted for such imployments My Lord Keeper approves of him by his Majesties direction Then he goes on It pleaseth not your Sacred Majestie to vouchsafe a change Actions of Kings are not to bee by mee reasoned Therefore beeing imboldened by this gracious approbation give me leave a little Dread Soveraigne to expresse my owne thoughts unto our gracious Lord the King I see before my eyes with admiration the Majestie of great Brittaine the Glory of times The History of honour CHARLES the first in his forefront placed by dâ—scent of antiquitie Kings setled by a long succession and continued to us by a pious and peacefull government On the one side the Monument of Glory the Progenie of valiant and puissant Princes the Queenes most Excellent Majestie On the other side the hopes of posterity and joy of this Nation those Oliva branches set round your tables Emblems of peace to posterity Here shine those Lights and Lamps placed in a Mount which attend your sacred Majesty as supreame head and borrow from you the Splendor of their government There the true state of Nobility figures of prowesse and Magnanimity fitted by their long contracted honour in their blood for the Counsell of Princes In the midst of those the Reverend Iudges whither both parties as to the Oracles of Iudgment and Iustice may resort Cisternes that hold faire waters wherein each deviation each wrinkle is discernable and from thence as from the Center each crooked line ought to be levelled The footstoole of your Throne is fixed there which renders you glorious to all posteritie Here wee the Knights Citizens and Burgesses of the Commons house at your royall feete contracted from all parts of your Kingdome Ensignes of obedience and humility all these united by the law equally distributed which cements this great body to the obedience of your sacred Majesty And compells aswell the hearts as the hands to contribute for the preservation of your Majestie and the Common interest Dissipates the Invaders of the Church and common wealth and discovers the Impostures but give me leave dread Soveraigne knits the Crowne to the Sacred Temples and frees Majesty from the Interpretation of misdoing Amongst these this great Counsell is most soveraigne against the distempers of this Nation Were they infested at Sea troubled at home or invaded from abroad here was the Sanctuary of refuge hither was the resort and no other way found for a foundation of peace It is reported of Constantine the great that he accompted his Subjects purse his Exchequer and so it is Subtile inventions may pick the purse but nothing can open it but a Parliament which lets in the eye of Soveraignty upon the publicke maladies of the State and vigilancy for the preservation of our ancient Liberties for this wee neede not search into Antiquity looke but a little backe there wee shall see our just liberties graciously confirmed by
your most sacred Majesty And is our happinesse shut up in the remembrance of times past onely No. Those gracious expressions lately falne from your sacred lips as hony from the combe make glad the hearts of your people So that now we doe more than promise to our selves a large and free consideration of the wayes to compose the distempers of these Kingdomes and then present them to your royall hand for perfection And such shall be our deportment that as we shall labour the continuance of our Liberties so shall wee carry a high regard to preserve that Soveraigne power wherewith your Majesty is invested for the preservation of your Kingdome and to render your sacred Majesty terrible to the Nations and glorious at home Are these the fruits we have enjoyed by Parliaments wee cannot then but wonder at that horrid invention in this place projected Monstrum horrendum informe ingâ—ns but the Lord bee thanked Cui lumen ademptum est Can this receive a Palliation Men Fathers and Brethren and all at one blast no reverence to sacred bones of Princes were wee not all in a lumpe by them intended to bee offered up to Moloch Let us never forget this dayes solemnization But whither It is too much boldnesse to presume longer on your Majesties grace and goodnesse and therefore for the better expedition of this service Wee humbly desire 1. That our selves and servants may obtaine freedome from arrests of their persons and goods 2. That we may have free liberty of speech without confinement with a full and free debate 3. That your Majesty will vouchsafe our repaire to your sacred person upon matters of importance according to the ancient priviledges of the house That with such alacrity wee may now proceed to manifest to the world that our retirements were to reinforce a greater unity and duty and to endeavour a sweet violence which may compell pardon dread Soveraigne the word Compell your Majesty to the love of Parliaments And thus God will have the honour your sacred Majesty splendor the Kingdome safety and all our votes shall passe that your sacred Majesty may long long long reigne over us And let all the people say Amen The Lord DIGBIES Speech the 9. of Novemb. 1640. Concerning Grievances and the Trienniall Parliament Mr. Speaker YOu have received now a solemne accompt from most of the Shires of England of the severall grievances and oppressions they sustaine and nothing as yet from Dorset shire Sir I would not have you thinke that I serve for a Land of Goshen that we live there in Sun-shine whilst darknesse and plagues over-spread the rest of the Land As little would I have you thinke that being under the same sharp measure that the rest we are either insensible and benummed or that that Shire wanteth a servant to represent its sufferings boldly It is true Mr. Speaker the County of Dorset hath not digested its complaints into that formall way of Petition which others I see have done but have intrusted them to my Partners and my delivery of them by word of mouth unto this Honourable House And there was given unto us in the County Court the day of our Election a short memoriall of the heads of them which was read in the hearing of the Free-holders there present who all unanimously with one voyce signified upon each particular that it was their desire that we should represent them to the Parliament which with your leave I shall doe and these they are 1. The great and intollerable burthen of Ship-money touching the legality whereof they are unsatisfied 2. The many great abuses in pressing of Souldiers and raising moneys concerning the same 3. The multitude of Monopolies 4. The new Canon and the Oath to be taken by Lawyers Divines c. 5. The Oath required to bee taken by Church-Officers to present according to Articles new and unusuall Besides this there was likewise presented to us by a very considerable part of the Clergy of that County a note of remembrance containing these two particulars First the imposition of a new Oath required to bee taken by all Ministers and others which they conceive to be illegall and such as they cannot take with a good Conscience Secondly the requiring of a pretended Benevolence but in effect a Subsidie under the penalty of suspension excommunication and deprivation all benefit of appeale excluded This is all wee had particularly in Charge But that I may not appeare a remisse servant of my Countrey and and of this House give me leave to adde somewhat of my owne sence Truly Mr. Speaker the injurious sufferings of some worthy members of this House since the dissolution of the two last Parliaments are so fresh in my memory that I was resolved not to open my mouth in any businesse wherein freedome and plaine dealing were requisite untill such time as the breach of our priviledges were vindicated and the safety of speech setled But since such excellent Members of our House thought fit the other day to lay aside that Caution and to discharge their soules so freely in the way of zeale to his Majesties service and their Countries good I shall interpret that confidence of theirs for a lucky Omen to this Parliament and with your permission licence my thoughts too a little Mr. Speak r under those heads which I proposed to you as the grievances of Dorsetshire I suppose are comprised the greatest part of the mischiefs which have of late years layed battery either to our Estates or Consciences Sir I doe not conceive this the fit season to search and ventilate particulars yet I professe I cannot forbear to adde somewhat to what was said the last day by a learned Gentleman of the long Robe concerning the acts of that reverend new Synod made of an old convocation Doth not every Parliament mans heart rise to see the Prelats thus usurpe to themselves the Grand Preeminence of Parliament The granting of Subsidies that under so preposterous a name as of a Benevolence for that which is a Malevolence indeed A Malevolence I am confident in those that granted it against Parliaments and a Malevolence surely in those that refuse it against those that granted it for how can it incite lesse when they see wrested from them what they are not willing to part with under no lesse a penalty then the losse both of Heaven and Earth of Heaven by excommunication and of the Earth By Deprivation this without Redemption by appeal What good Christian can think with patience on such an insnaring Oath as that which is by the new Canons enjoyned to be taken by all Ministers Lawyers Physitians and Graduates in the Vniversities where besides the swearing such an impertinence as that things necessary to salvation are contained in Discipline besides the swearing those to be of Divine right which amongst the learned never pretended to it as the Arch things in our Hierarchy Besides the swearing not to consent to the change of that which
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
of Christ and his Apostles cannot but beare witnesse against their wordly pomp and dignities and so the fire of contention breaketh forth And truely Sir the state of the Clergy is very like to fire which whilst it keeps in the Chimney it is of excellent use to warme those that approach unto it but if it once breake out into the house and get upon the house top it sets all on fire so whilst the Clergy keepe themselves within the pulpit they are of great use to stirre up the zeale and devotion of Christians but if they once flye out into the house if they begin to meddle with Civill places and jurisdictions and especially if they once get up to the Counsell-table it is seldome seene but that at length they set all on fire and what is it that maketh the fire to breake out of the chimney but too much fuell if there be but a moderate proportion of fuell the fire keepes it selfe within its bounds but if you heape faggot upon faggot a whole Cart load together then it breaketh out So Sir if there bee a competent maintenance for the Ministery they will keep themselves within their bounds but if Living be heaped upon Living and Temporalities added to Spiritualities the flame will soone breake out and set the house on fire Sir I doe not envy the wealth or greatnesse of the Clergy but I am very confident if those were lesse they would be better and doe more service to Christ and his Church and I am very clear in mine owne heart that the livings of the Clergy being more equally distributed the service of God would be so farre from receiving any prejudice that it would bee much advanced and withall a good proportion of revenue might returne againe to the Crowne from whence it was first derived Sir Bishopricks Deanries and Chapiters are like to great wasters in a Wood they make no proofe themselves they cumber the ground whereon they stand and with their great Armes and Boughes streiched forth on every side partly by their shade and partly by their sowre droppings they hinder all the young wood under them from growing and thriving To speake plaine English these Bishops Deanes and Chapiters doe little good themselves by preaching or otherwise and if they were felled a great deale of good timber might be cut out of them for the uses of the Church and Kingdome at this time A fresh stoole of three or foure able Ministers might spring up in their stead to very good purpose in these great Townes which are Ordinarily the Seats of those Episcopall and Collegiate Churches and the private Congregations of divers Parochiall Churches might thrive and grow better which now have the Sunne of Gods Word I meane the cleare and spirituall preaching thereof kept from them and live in the dangerous shade of ignorance by reason that all the meanes is taken from them and appropriated unto Bishops or to Deanries and Chaptiers and other such Collegiate Churches Besides such as doe begin to grow and start up through the voluntary pains of some amongst them or by such preaching as they themselves have procured by their voluntary contributions should not still bee dropped on as they are from the armes and appendances of those great wasters and kept downe continually by their bitter persecutions That which remaines now is to shew how these great Revenues and Dignities become the seedes of superstition and that is this The Clergy in the maintenance of their greatnesse which they are neither willing to forgoe nor yet well able to maintaine upon the principles of the Reformed Religion finding that the popish principles whereon the Bishop of Rome built his greatnesse to suit well unto their ends that maketh them to side with that party and that must needs bring in superstition and as ambition allureth on the one side so the principles they goe by draw them on farther and farther and happily at length farther than they themselves at first intended Whether a reconciliation with Rome were imagined or no by some I leave it to every one to judge within himselfe But sure I am if an accommodation could have beene made in some fashion or other with the Church of Rome the Clergy might againe be capable of forraigne preferments and Cardinals Caps and this is no small temptation Now Sir I am at an end onely I shall draw out three conclusions which I conceive may clearely be collected out of what I have said First that civill jurisdiction in the persons of Clergy-men together with their great Revenues and high places of dignity is one great cause of the evills which we suffer in matter of Religion Secondly that the sole and arbitrary power of Bishops in the ordaining and detriving of Ministers and in Excommunication and absolution is another great cause of the evills we suffer in matter of Religion Thirdly the strict urging of Subscription and Conformity to the Ceremonies and Canons of the Church is another great cause of evill which wee suffer in matter of Religion And now my humble motion is that we should take a piece onely of this subject into our consideration but the whole matter and that not onely that part of the Ministers Remonstrance which hath beene read should be referred to the Committee which you are about to name but Londons Petition also and all other Petitions of the like nature so soone as they shall bee read in the house and that the Committee may collect out of them all such heads as are fit for the consideration of this house and surely that is fit to bee considered that happily will not be thought fit to be altered consideration is one thing and alteration another where there is a mixture of bad and good together the whole must bee considered that we may know how to sever the good from the bad and so retaine the one and reject the other which is all that I desire And if any thing have fallen from me more inconsiderate as in so long a discourse many things may have done I humbly crave the pardon of the house protesting that I have spoken nothing but with a minde which is ready to sacrifice the body it dwelleth in to the peace and safety of his Majesties Kingdomes and the safety and honour of his Majesty in the Government of them A Speech made before the Lords in the Upper House by Mr. Francis Rous Esquire March the 16th 1640. Against Dr. Cossens Dr. Maynwaring and Dr. Beale My LORDS I AM commanded by the House of Commons to present to your Lordships a Declaration and Impeachment against Dr. Cossens and others upon the complaint of Mr. Peter Smart which Mr. Smart was a Proto-Martyr or first Confessor of note in the late dayes of persecution The whole matter is a Tree whereof the branches and fruit are manifest in the Articles of this declaration which being read I shall with your Lordships favour discover and lay open the root The Declaration was
their office then is to governe But in my opinion they governe worse than they Preach though they preach not at all for wee see to what passe their government hath brought us In conformity to themselves They silence others also though Hierom in one of his Epistles saith that even a Bishop let him be of never so blamelesse a life yet he doth more hurt by by his licence then he can doe good by his example Mr. Speaker It now behooves us to restraine the Bishops to the duties of their Function as they may never more hanker after heterogeneous extravagant employments Not be so absolute so single and solitary in actions of Moment as Excommunication Absolution Ordination and the like but to joyne some of the Ministry with them and further to regulate them according to the usage of Ancient Churches in the best times that by a well-temper'd Government they may not have power hereafter to corrupt the Church to undoe the Kingdome When they are thus circumscribed and the publique secur'd from their Eruptions then shall not I grudge them a liberall plentifull subsistence else I am sure they can nevâ—â— be given to Hospitality Although the calling of the Clergie be all glorious within yet if they have not a large considerable outward support they cannot be freed from vulgar Contempt It will alwaies be fit that the flourishing of the Church should hold proportion with the flourishing of the Common-wealth wherein it is If we dwell in houses of Ceaar why should they dwell in skins And I hope I shall never see a good Bishop left worse than a Parson without a Gleab Certainly Sir this superintendencie of eminent men Bishops over divers Churches is the most Primitive the most spreading the most lasting Government of the Church Wherefore whilest we are earnest to take away Innovations let us beware wee bring not in the greatest Innovation that ever was in England I doe very well know what very many doe very servently desire But let us well bethinke our selves whether a popular Democraticall Government of the Church though fit for other places will be either sutable or acceptable to a Regall Monarchicall Government of the State Every man can say It is so common and knowne a Truth that suddaine and great changes both in naturall and Politick bodies have dangerous opperations and give mee leave to say that we cannot presently see to the end of such a consequence especially in so great a Kingdome as this and where Episcopacie is so wrap'd and involv'd in the Lawes of it Wherefore Mr. Speaker my humble Motion is that we may punish the present offenders reduce and preserve the Calling for better men hereafter Let us remember with fresh thankfulnesse to God those glorious Martyr-Bishops who were burn'd for our Religion in the times of Popery who by their learning zeale and constancy upheld and convey'd it downe to us We have some good Bishops still who doe Preach every Lords Day and are therefore worthy of double honour they have suffered enough already in the Disease I shall bee sorry we should make them suffer more in the Remedy 〈…〉 A message delivered from the Commons to the Lords of the Vpper House in Parliament by Mr. Pym Novemb. 11. 1640. My Lords THe Knights Citizens and Burgesses now assembled for the Commons in Parliament have received information of divers traiterous designes and practices of a great Peere of this House and by vertue of a command from them I doe here in the name of the Commons now assembled in Parliament and in the name of all the Commons of England accuse Thomas Earle of Strafford Lo. Lieutenant of Ireland of high Treason and they have commanded me further to desire your Lordships that he may be sequestred from Parliament and forthwith committed to prison They have further commanded mee to let you know that they will within a very few dayes resort to your Lordships with the particular Articles and grounds of this accusation And they doe further desire that your Lordships will thinke upon some convenient and fit way that the passage betwixt England and Ireland for his Majesties subjects of both Kingdomes may be free notwithstanding any restraint to the contrarie The Lord Lieutenant being required to withdraw and after a debate thereof called in kneeled at the Bar and after standing up the L. Keeper spake as followeth My Lord of Strafford THe House of Commons in their owne name and in the name of the whole Commons of England have this day accused your Lordship to the Lords of the Higher House of Parliament of high treason The articles they will within a very few dayes produce In the meane time they have desired of my Lords and may Lords have accordingly resolved that your Lordship shall be committed to safe custody to the Gentleman Vsher and be sequestred from the House till your Lordship shall cleare your selfe of the accusations that shall be laid against you Articles of the Commons assembled in Parliament against Thomas Earle of Strafford in maintenance of his accusation whereby he stands charged of High Treason 1. THat he the said Thomas Earle of Strafford hath traiterously endevoured to subvert the fundamentall Lawes and government of the Realmes of England and Ireland and in stead thereof to introduce on Arbitrary and Tyrannicall Government against Law which hee hath declared by traiterous words counsels and actions and by giving his Majestie advice by force of Armes to compell his loyall Subjects to submit thereunto 2. That hee hath traiterously assumed to himselfe Regall power over the lives liberties persons lands and goods of his Majesties Subjectâ— in England and Ireland and hath exercised the same tyrannically to the subversion and undoing of many both of Peeres and others of his Majesties Liege people 3. That the better to enrich and enable himselfe to goe thorow with his traiterous designes hee hath detained a great part of his Majesties revenue without giving legall account and hath taken great summes out of the Exchequer converting them to his owne use when his Majestie was necessitated for his owne urgent occasions and his Army had beene a long time unpaid 4. That he hath traiterously abused the power and authoritie of his government to the encreasing countenancing and encouraging of Papists that so hee might settle a mutuall dependance and confidence betwixt himselfe and that partie and by their help prosecute and accomplish his malicious and tyrannicall designes 5. That hee hath maliciously endevoured to stir up enmitie and hostilitie between his Majesties subjects of England and those of Scotland 6. That he hath traiterously broken the great trust reposed in him by his Majestie of Lieutenant Generall of his Army by wilfully betraying divers of his Majesties Subjects to death his Army to a dishonourable defeat by the Scots at Newborn and the Towne of New-Castle into their hands to the end that by the effusion of bloud by dishonour and so great a losse of New-Castle his Majesties
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
that if shee refused to submit thereunto hee would imprison her and fine her five hundred pounds that if the continued obstinate hee would continue her imprisonment and douâ—le her fine every moneth by moneth whereof shee was enforced to relinquish her estate in the land questioned in the said Petition which shortly was conveyed to Sir Robert Meredith to the use of the said Earle of Strafford And the said Earle in like manner did imprison divers others of his Majesties Subjects upon pretence of disobedience to his orders and decrees and other illegall command by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudiciall course upon Paper Petitions to him preferred and no other cause legally depending 9 That the said Earle of Strafford the sixteenth day of February in the twelfth yeare of his now Majesties Reigne assuming to himselfe a power above and against Law tooke upon him by a generall Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellour or Chancellors to their severall Offices thereto to bee appoynted to attach and arrest the Bodies of all such of the meaner and poorer sort who after Citation should either refuse to appeare before them or appearing should omit or denie to performe or undergoe all lawfull Decrees Sentences and orders issued imposed or given out against them them to commit and keep in the next Goal untill they should either performe such sentences or put in sufficient Baile to shew some reason before the Counsell Table of such their contempt and neglect and the said Earle the day and yeare last mentioned signed and issued a Warrant to that effect and made the like Warrant to send to all other Bishops and their Chancâ—llours in the said Realme of Ireland to the same effect 10 That the said Earle of Strafford being Lord Lieutenant or Deputy of Ireland procured the Customes of the Merchandize exported out and imported into that Realme to be firmed to his owne use And in the ninth yeare of his now Majesties Reigne hee having then interest in the said Customes to advance his owne gaine and lucre did cause and procure the native commodities of Ireland to bee rated in the booke of Rates for the Customes according to which the Customes were usually gathered at farre greater values and prices than in truth they were worth that is to say every Hide at twenty shillings which in truth was worth but five shillings every stone of Wooll at thirteene shillings four-pence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which meanes the Custome which before was but a twentieth part of the true value of the commoditie was inhansed sometimes to a sift part and sometimes to a fourth and sometimes to a third part of the true value to the great oppression of the Subjects and decay of Merchandize 11 That the said Earle in the ninth yeare of his now Majesties reigne did by his owne will and pleasure and for his owne lucre restraine the exportation of the commodities of that Kingdome without his licence as namely Pipe-staves and other commodities and then raised great summes of money for licensing of exportation of those Commo ities and dispensation of the said restraints impose on them by which meanes the Pipe-staves were raised from foure pound ten shillings or five pound per thousand to ten pounâ— and sometimes eleven pound per thousand and other commodities were inhanced in the like proportion and by the same meanes by him the said Earle 12 That the said Earle being Lord Deputy of Ireland on the ninth day of Ianuary in the thirteenth yeare of his Majesties Reigne â—id then under colour to Regulate the Importation of Tobacco into the said Realme of Ireland issue a Proclamation in his Majesties Name prohi iting the importatiâ—n of Tobacco wâ— hâ—ut liceâ—ce of h m and the Counsell there from anâ— after the first day of May Anno Dom. 1638. after which restraint the said Earle notwithstan ing the said restraint caused divers great qâ—antitieâ— of Tobacco to bee imported to his owne use and fraughted divers ships with Tobacco which he â—mported to hi own use and that if any ship brought To acco intâ— any Port there the said Earle and his Agents used to buy the same to his owne use at their owâ—e price And â—f that the owners refused to let him have the same at under-values then they were not permitted to vent the same by which un ue meanes the Earle having gotten the whole Trade of Tobacco into his owne hands he sold it at great and excessive prizes such as he lâ—st to impose for hi owne profit And the more to assure the said Monopoly of Tobacco he the said Earle on the th ee and twentieth day of February in the thirteenth yeare aforesaid did issue another Proclamation commanding that none should put to sale any To acco by whole-sale from and after the last day of May then next following but what should be made up into Rolls and the same Sealed with two Seales by himselfe appoynted one at each end of the Roll. And such was not sealed to be seized appoynting sixe pence the pound for a reward to such persons as should seize the same and the persons in whose custody the unsealed Tobacco should bee found to bee committed to Goale which last Proclamation was covered by a pretence for the restraining of the seale of unwholsome Tobacco but it was truely to advance the said Monopoly Which Proclamation the said Earle did rigorcusly put in execution by seizing the goods fining imprisoning whipping and putting the offenders against the same Proclamation on the Pillory as namely Barnaby Hubbard Edward Covena Iohn Tumen and divers others and made the Officers of State and Iustices of Peace and other Officers to serve him in compassing and executing these unjust and undue courses by which Cruelties and unjust Monopolies the said Earl raised 100000 li. per annum gain to himself And yet the said Earle though he inhanced the Customes where it concerned the Merchants in general yet drew down the impost formerly taken on Tobacco from sixe pence the pound to three pence the pound it being for his owne profit so to doe And the said Earle by the same and other rigorous and undue meanes raised severall other Monopolies and unlawfull exactions for his owne gaine viz. on Starch Iron-pots Glasses Tobacco-pipes and severall other commodities 13 That flaxe being one of the principall and native Commodities of that Kingdome of Ireland the said Earle having gotten great quantities thereof into his hands and growing on his owne Lands did issue out severall Proclamations viz. one dated the one and twentieth day of May in the eleventh of his Majesties raigne and the other dated the one and thirtieth day of January in the same yeare thereby prescribing and injoyning the working of Flaxe into Yearne and Thread and the ordering of the same
the said Earle did raise an Armie in the said Realme of England consisting of eight thousand foot all of which except one thousand or thereabouts were Papists and the said one thousand were drawne out of the old Army there consisting of two thousand foote and in their places there were a thousand Papists or thereabouts put into the said old Army by the said Earle And the more to ingage and tye the new Army of Papists to himselfe and to incourage them and to discourage and weare out the old Armie the said Earle did so provide That the said new Army of Papists were duâ—ly payeâ— and had all necessaries provided for them and permitted the exercise of their Religion but the said old Army were for the space of one whole yeare and upwards unpaid And that the said Earle being appoynted a Commissioner with eleven severall Counties in the Northern parts of England for compounding with Recusants for their forfeitures due to his Majesty which Commission beareth date the eighth day of Iuly in the fifth yeare of his Majesties Reigne that now is and being also Receiver of the Composition Money thereby arising and of other debts Duties and penalties for his Majesties use by Letters Patents dated the 9. day of the said Iuly he to engage the said Recusants to him did compound with with them at low and under rates and provided that they should bee discharged of all proceedings against them in all his Majesties Courts both temporall and Ecclesiasticall in manifest breach of and contrary to the Lawes and Statutes of this Realme in that behalfe established 19 That the said Earle having taxed and levied the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royall command he the said Earle in May the 15 yeare of his Majesties Reigne did of his owne authority contrive and frame a new and unusuall oath by the purport whereof among many other things the party taking the said oath was to sweare that he should not protest against any of his Majesties royall commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Scottish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty his government there and compelled divers of his Majesties said subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10 of October Anno Dom. 1639. He fined Henry Steward and his wife who refused to take the said oath 5000. pounds a piece and their 2. daughters and Iames Gray 3000. pounds a piece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters and Iames Gray being the Kings liege people of the Scottish Nation and divers others he used in like manner and the said Earle upon that occasion did declare that the said oath did not onely oblige them in point of allegiance to his Majesty and acknowledgement of his Supremacie only but to the Ceremonies and governement of the Church established or to be established by his Majesties Royall authoritie and said that the refusers to obey he would prosecute to the blood 20 That the said Earle in the 15. and 16. yeares of his Majesties Reigne and divers yeares past laboured and endevoured to beget in his Majestie an ill opinion of his subjects namely those of the Scottish Nation and diverse and sundry times and especially since the Pacification made by his Majestie with his said Subjects of Scotland in Summer in the 15 yeare of his Majesties Reigne he the said Earle did labour and endeavour to perswade incite and provoke his Majestie to an offensive warre against his said Subjects of the Scottish Nation And the said Earle by his counsell actions and endeavours hath beene and is a principall and chiefe incendâ—ary of the warre and discord betweene his Majestie and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty that the demand made by the Scots in this Parliament were a sufficient cause of warre against them The said Earle having formerly expressed the height rancor of his minde towards his Subjects of the Scottish Nation viz. the tenth day of October in the 15. yeare of his Majesties Reâ—gne he said that the Nation of the Scots were â—â—bâ—â—s and traytors and hee beeing then about to come to England he then further said that if it pleased his Master meaning his Majesty to send him backe againe hee would root cut of the said Kingdome meaning the Kingdom of Ireland the Scottish Nation both root and branch Some Lords and others who had taken the said oath in the precedent Article onely excepted and the sayd Earle hath caused divers of the said ships and goods of the Scots to bee stayed seized and molested to the intent to set on the said warre 21. That the said Earle of Strafford shortly after his speeches mentioned in the last precedent Article to wit in the fifteenth yeare of his Majesties Reigne came into this Realme of England and was made Lord Lieutenant of Ireland and continued his government of that Kingdome by a Deputy At his arrivall here finding that his Majestie with much wisedome and goodnesse had composed the troubles in the North and had made a Pacification with his Subjects of Scotland he laboured by all meanes to procure his Majesty to breake that Pacification incensing his Majesty against his Subjects of that Kingdome and the proceedings of the Parliament there And having incensed his Majestie to an offensive war against his said Subjects of Scotland by Sea and by Land and by pretext thereof to raise Forces for the maintenance of that war he counselled his Majesty to call a Parlament in England yet the said Earle intended if the said proceedings of that Parliament should not be such as would stand with the said Earle of Straffords mischievous designes he would then procure his Majestie to breake the same and by wayes of force and power to raise monies upon the said subjects of this Kingdome And for the incouragement of his Majestie to hearken to his advice he did before his Majesty and his privie Counsell then sitting in Counsell make a large Declaration that he would serve his Majesty in any other way incase the Parliament should not supply him 22 That in the moneth of March before the beginning of the last Parliament the said Earle of Stafford went into Ireland and procured the Parliament of that Kingdome to declare their assistance in a war against the Scots And gave directions for the raising of an Army consisting of 8000. foot and 1000. horse being for the most part Papists as aforesaid And confederating with one Sir George Râ—dcliffe did together with him the said Sir George trayterously conspire to employ the said Army for the
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
Ratcliffe was not the man alone but others joyned with him in that Assembly and I am sure my Lord of Strafford moved it for the breach of Parliament I shall addresse myselfe to the body of his answere Now give me leave my Lords that I may open the nature of this great offence My Lords it is a charge of Treason which is a Treason not ended or expired by one single Act but a trade enured by this Lord of Strafford ever since the Kings favor hath been bestowed upon him My Lords it hath two parts to deprive us that which was good And secondly to bring in a Tyrannicall government it takes away the Lawes of the Land and it hath an arbitrary government bounded by no law but what my Lord of Strafford pleaseth It is the law my Lords which we reverence and cheerefully render to our gracious Soveraigne The Law as it is the ground of our libertie so it is the distribution of Iustice My Lords in all this my Lord of Strafford hath endeavoured to make them uncapable of any benefit it is true my Lords that Treason against the person of a Prince is high Treason and the highest Treason that can be to man but it falls short of this Treason against the State When blessed King Iames was taken to heaven he commended the lawes to his sonne our gracious Soveraigne But my Lords if such a design as this should take effect that the law of Iustice shouldbe taken from the Throne we are without hope of ever seeing happy dayes power is not so easily laid downe unlesse it be by so good and just a Prince as we have My Lord of Straffords accusation is conveyed into twenty eight Articles and I shall but touch the heads that wee shall insist upon and I thinke the best way to this is to consider what he did before he went into Ireland what then and what since He hath encroached jurisdiction where none was taking upon him a power to repell the lawes and to make new lawes and in domineering over the lives and goods and what ever else was the subjects My Lords this he hath not done onely upon the meaner sort but upon the Peeres and auncient Nobilitie and what may your Lordships expect but the same measure at his hands here as they have found there when he committed any to prison if a Habeas Corpus were granted the Officers must not obey and if any Fine were put upon the Officer for refusing them there was a command that he should bee discharged so that he did not onely take power to himselfe but the Scepter of Iustice out of the Kings hand When he was a member of the house of Commons it was his owne motion all Ministers of state should serve the King according to the lawes which he hath broken himselfe He doth as much as say that Fines shall not be payed by Officers if in this they fulfill his commands but those that release a prisoner upon a Habeas Corpus shall finde his displeasure My Lords if this had been a single Act we should not have accused him of high Treason but this hath beene his common course and this we present to your Lordships consideration The next thing is that in the North the people attending for Iustice you shall see what a dishonour he flung upon the sacred Majestie of the King that did advance him some of the Iustices saith he are all for Law but they shall finde that the Kings little fingers is heavier then the Loynes of the Law My Lords what a sad speech was this and what sad Accidents happened upon it you all know and he said in a solemne speech That Ireland was a conquered Nation and that the King might do with them what he would their Charters were nothing worth they did binde the King no longer then he pleased Surely you may see what hee would do if he had power but we hope never such counsell shall have acceptation in so gracious an Eare as our Soveraignes and he doth not stay in words but proceeds to Actions when a Peere of the Kingdome was expelled the Kingdome for suing at Law for recovering of his Right he saith he would have Ireland know that neither Law nor Lawyers should question any thing that he ordered My Lords he goes higher for when there was an occasion to speake of an Act of State he said it should bee as binding as an Act of Parliament My Lords he cannot goe higher then this hee tells them in Parliament they were a Conquered Nation and they must expect the usage of a Conquered Nation The Lord Mountnorris for a few words that fell from his mouth spoken privately at his Table had a Counsell of warre called against him and was judged to death My Lords it is no marvaile that he saie That the Kings little finger should be so heavie when his little too was so heavie to tread downe a Peere under his foote My Lords he makes Lawes of himselfe and hee makes a difference in matters of Iustice betweene the poore and the rich but when he hath executed his power upon the poore he will fall upon the rich My Lords he hath made that which was worth but five shillings to the value of twenty and my Lords by this he doth in effect take away what ere this commoditie is worth he saith he doth it for the Kings gaine but we shall make it appeare that the Crowne hath lost and he hath gained And for the Commodity of Flax my Lords it is but a Womans Commodity but yet it is the staple Commodity of Ireland Now my Lords this Commondity he hath gotten wholly into his owne hands for he made such a Proclamation that it should be used in such wayes as the Women could not doe it and if it were not used in such ways that it should bee seised upon no he doth not onely put impositions upon the Subject but take away the goods too and thus he hath levyed warre against the Kings Subjects and this is his course that if a Decree were made by him and not obeyed there issued a warrant to Souldiers that they should make Garrison and that they should goe to the houses of those that were pretended to be disobedient My Lords they have killed their sheep and their Oxen and bound their horses and took them Captives till they have rendered obedience which is expressely contrary to Law for it saith If any man set horse or foot upon the Kings Subject in a Military way it is high Treason My Lords it doth not onely oppresse them in their estates but provoke and incite his Majesty to lay downe his mercy and goodnesse and to fall into an offensive war against his Subjects and to say they are Rebels and Traytors He tels his Counsell that the Parliament having forsaken the King and the King having tryed the Parliament hee might use other wayes to procure money to supply his necessities My Lords the same day
that the Parliament was broken he tels the King he had 8000 foot and 1000 horse to reduce this Kingdome to obedience My Lords consider in what a sad time this man tooke to infuse this sad Counsell into the Kings eare My Lords he doth advise the King that he was absolved from all rules of government but if no rule of government what rule of obedience Surely he meant to reduce us to a chaos and confusion c. would have us without all rule of government or obedience My Lords those that he would have brought to reduce us were Papists Enemies of our Religion This strikes us neer my Lords and is the griefe of our hearts that an Irish army should be brought into England to reduce us My Lords I hope we were nere so far gone as to need an army to reduce us to obedience My Lords he had raised this Army and if such Counsell had taken effect in his Majesties eare he like proud Haman would have thought to have been Generall of the Army And thus my Lords you see this Lord of Strafford falls upon a Counsell which might make an irreconcileable difference to subdue us by his power The Earle of Bristowes Speech in the High Court of Parliament upon the delivering of by him the Scottish Remonstrance and Schedule of their charges OUr Ancestors were accustomed to heare propositions in an other manner We represent unto you a very distressed estate sad tidings and dishonourable to our Nation That we should suffer our Countrey to relieve an Army that is come against us This may seeme to withdraw from the greatnes and honor of this Nation but I am sorry it should be thought a Nationall dishonour as the case now standeth But I wish it may light upon those that have been the ill instruments by their imprudent Counsells to bring this Kingdome into such an unhappy businesse that hath produced miserable effects and Calamities But let us labour to build the honour of this Nation and if ill and wicked men have brought this great dishonour great let the honour be when a state is so distressed by wisdom and prudence to relieve it I doe remember when the Common-wealth of Rome was in great distresse after the great Battayle of Cannae they gave thankes that the Counsell did not despaire of the safety of the Common-wealth and me thinkes there is no cause to despair If those ill Counsels and ill ways have brought us to this Calamity shall hereafter bee turned to wise prudent and setled wayes if God may so blesse us that we again prove happy for this Nation the strength and Scituation of it would hardly be brought to this condition were it not for want of Vnity and for discord among our selves When a happie Vnitie among our selves I doubt not to see the honour of this Nation set vp againe by the wisedome of his Majesty and prudent endeavour of this assembly this whole Monarchy once reunited I meane the 3. Kingdomes will render us very considerable abroad His Majesty hath granted our brethren in Scotland their demands in matter of Religion and liberty and doubt not but with humility and duty may likewise obtaine what wee shall desire concerning religion and libertie graciously from his Majesties hands And I am most confident his Majestie may expect from us all that duty affection and assistance as he hath just cause to expect from good people If God shall blesse us and this whole Monarchy with unity love and concord certainly these great Armies that do now trouble us and are ready to offend one an other may shew a capability with united mindes and well designed to effect great matters and may by unity of Counsell raise us up againe in the world to a good estimation and as great an honour as ever I hope God will blesse us with good Counsells and that the King as a gracious good and prudent Prince and all his Subjects joyning in this way no doubt but God will bring us againe to a convenient condition of consistancie yea since our armies are vnited under one King and Nation and in one Iland from a state gasping it will bee easie thence to bring us to a condition of prosperity therefore let us procure and maintaine a good correspondency amongst our selves and for the proposition it much started us at first but I must say thus much That where wars have fallen between Nations it is not unlawfull nor great dishonour to let men part upon reasonble conditions though with good consideration our Kings passed many times into France and returned with recompence but this a friendly demonstration of one Nation to another there is great difference in point of honour if we consider the state wherein wee now are two Armies in the field and consider it was not through our default nor the fault of the Kingdome that we are brought into these calamities The Instruments will bee made an example and the dishonour will light upon them and then certainly we doe conceive a wise and prudent Senate to apply themselves to some things by necessity is no dishonour A State lying gasping and bleeding to restore it is an essentiall part of honour This is that I had in command to say unto you His Majesties Speech to both the Houses of Parliament February 3. 1640. HAving taken into my serious consideration the late Remonstrance made unto mee by the House of Parliament I give you this answer That I take in good part your care of the true Religion established in this Kingdome from which I will never depart as also for the tendernesse of my safety and security of this State and Government It is against my minde that Popery or Superstition should any way encrease within this Kingdome and will restraine the same by causing the Laws to be put in execution I am resolved to provide against the Jesuites and Papists by setting forth a Proclamation with all speed commanding them to depart the Kingdome within one Moneth which if they faile or shall returne then they shall be proceeded against according to the Lawes Concerning Resettie I give you to understand that the Queene hath alwayes assured me that to her knowledge hee hath no Commission but onely to entertaine a personall correspondence betweene her and the Pope in things requisite for the Exercise of her Religion which is warranted to her by the Articles of Marriage which give her a full Liberty â—f Conscience yet I have perswaded her that since the misunderstanding of the Persons condition gives offence shee will within a convenient time remove him Moreover I will take a speciall care to restraine my Subjects from resorting to Masse at Denmark house St James and the Chappell of Ambassadors Lastly concerning John Goodman the Priest I will let you know the reason why I reprived him that as I am enformed neither Queene Elizabeth nor my Father did ever avow that any Priest in their times was executed meerely for Religion which to me
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
duty and allegiance to keepeâ—t secret Master Speaker it was never intended by his Majesty so professed by him at that time and so declared to all the Judges that it was not required by him to be such a binding opinion to the Subject as to hinder him from calling it in question nor to be binding to themselves but that upon better reason and advise they may alter it but desired their opinions for his owne private reason I know very well that extrajudiciall opinions of Judges ought not to be binding But I did think and speake my heart and conscience freely my selfe and the rest of the Judges being sworne and by our Oaths tyed to counsell the King when he should require advise of us that we were bound by our oaths and duties to returne our opinions I did obey his Majesties command and doe here before the God of heaven avow it I did never use the least promise of preferment or reward to any nor did use the least menacy I did leave it freely to their owne consciences and liberty for I was left the liberty of my owne by his Majesty and had reason to leave them the liberty of their owne consciences And I beseech you be pleased to have some beliefe that I would not say this but that I know the God of heaven will make it appeare and I beseech you that extravagant speeches may not move against that which is a positive and cleare truth Master Speaker in the discourse of this as is betweene Judges some small discourses sometimes yet never any cause wherein any Judges conferred that were so little conference as between me and them Master Speaker against a Negative I can say nothing but I shall affirme nothing unto you but by the grace of God as I affirme it to be true so I make no doubt of making it appeare to be so This opinion was subscribed without Solicitation there was not any man of us did make any doubt of subscribing our opinion but two Master Justice Hutton and Master Iustice Crooke Master Iustice Crooke made not a scruple of the thing but of the introduction for it was thus That whereas the Ports the Maritine Towns were concerned there according to the Presidents in former times the charge lay on them So when the Kingdome was in danger of which his Majesty was the sole Iudge whether it was not agreeable to Law and reason the whole Kingdome to beare the charge I left this case with Iudge Crooke The next Terme I spake with him hee could give me no resolution because hee had not seene the Writs in former times but did give his opinion that when the whole Kings dome was in danger they of the defence ought to be borne by all So of that opinion of his there was no need of a Solicitation I speake no more here than I did openly in my argument in the Chequer Chamber This is the naked truth for Master Iustice Hutton he did never subscribe at all I will onely say this that I was so farre from pressing him to give his opinion because he did ask time to consider of it that I will boldly say and make it good that when his Majesty would have had him sometimes sent for to give his opinion I beseeched his Majesty to leave him to himselfe and his conscience and that was the ill office I did The Iudges did subscribe in November or December 1635. I had no conference nor truly I think by accident any discourse with any of the Iudges touching their opinions for till February 1636 there was no speech of it for when they had delivered their opinions I did returne according to my duty to my Master the King and delivered them to him in whose custody they be in In February 1636 upon a command that came from his Majesty by one of the then Secretaries of State the Iudges all assembled in Grayes-Inn we did then fall into a debate of the case then sent unto us and wee did then returne our opinion unto his Majesty there was then much discourse and great debate about it Mine opinion and conscience at that time was agreeable to that opinion I then delivered I did use the best arguments I could for the maintainance of my opinion and that was all I did It is true that then at that time Master Iustice Hutton and Master Justice Crooke did not differ in the maine point which was this When the Kingdome was in danger the charge ought to be borne by the whole Kingdome But in this point whether the King was the sole Judge of the danger they differed So as there was betweene the first subscription and this debate and consultation some 15 moneths difference It is true that all of them did then subscribe both Justice Hutton and Justice Crooke which was returned to his Majestie and after published by my Lord Keeper my predecessour in the Star-chamber For the manner of publishing it I will say nothing but leave it to those whose memories wil call to mind what was then done The reason of the subscription of Iustice Hutton and Iustice Crooke though they differed in opinion grew from this that was told them from the rest of the Iudges That where the greater number did agree in their vote the rest were involved and included And now I have faithfully delivered what I did in that businesse till I came which was afterwards to my argument in the Exchequer Chamber for the question was A scire facias issued out of the Exchequer in that case of Master Hampdens of which I can say nothing for it was there begun and afterwards rejourned to have advice of all the Iudges Master Speaker among the rest according to my duty I argued the case I shall not trouble you to tell you what my argument was I presume there are Copies enough of it onely I will tell you there are foure things very briefly what I then declared First concerning the matter of danger and necessity of the whole Kingdome I professe that there was never a Judge in the Kingdome did deliver an opinion but that it must be in a case of apparant danger When we came to an argument of the case it was not upon a matter or issue but it was upon a demurrer Whether the danger was sufficiently admitted in pleading and therefore was not the thing that was in dispute that was the first degree and step that led unto it I did deliver my selfe as free and as cleare as any man did that the King ought to governe by the positive Lawes of the Kingdome that hee could not alter nor change nor innovate in matters of Law but by common consent in Parliament I did further deliver that if this were used to make a further revenue or benefit to the King or in any other way but in case of necessity and for the preservation of the Kingdome The judgement did warrant no such thing My opinion in this businesse I did in my
it like a busie angry Waspe his sting is in the tayle of every thing wee have likewise this day heard the report of the conference yesterday and in it the accusation which the Scottish Nation hath charged him withall and we doe all know he is guilty of the same if not more herein this Kingdome Master Speaker hee hath beene the great and common enemie of all goodnesse and good men and it is not safe that such a Viper should be neare his Majesties person to distill his poyson into his sacred eares nor is it safe for the Common-wealth that he sit in so eminent a place of government being thus accused wee know what we did in the Earle of Straffords case this man is the corrupt fountaine that hath infected all the streames and till the Fountaine be purged we can never expect or hope to have cleare channels I shall be therefore bold to offer my opinion and if Jerre it is the error of my judgement and not my want of zeale and affection to the publique good I conceive it is most necessary and fit that we should now take up a resolution to doe somwhat to strike while the iron is hot and to goe up to the Lords in the names of the Commons of this House and in the names of the Commons of England and to accuse him of high Treason and to desire their Lordships his person may be sequested and that in convenient time wee may bring up his charge FINIS A Message sent from the Queenes Majestie to the House of Commons by Mr. Comptroller 5o. Febr. 1640. THat her Majestie hath beene ready to use her best endeavours for the removing of all misunderstanding between the King and people That at the request of the Lords who petitioned the King for a Parliament her Majestie at that time writ effectually to the King and sent a Gentleman expresly to perswade the King to the holding of a Parliament That shee hath since beene most willing to doe all good Offices betweene the King and his People which is not unknowne to divers of the Lords and so shall ever continue to doe as judging it the onely way of happinesse to the King her selfe and Kingdome That all things be justly setled betweene the King and his people and all cause of misunderstanding taken away and removed That her Majestie having taken a knowledge that having one sent to her from the Pope is distastfull to this Kingdome She is desirous to give satisfaction to the Parliament which is convenient time shee will doe and remove him out of the Kingdome That understanding likewise that Exception had beene taken to the great resort to the Chappell of Denmark House shee will be carefull not to exceed that which is convenient and necessary for the Exercise of her Religion Shee further taketh notice that the Parliament is not satisfied with the manner of raising mony for the assistance of the King in his Journey to the North in the yeare 1639 at her entreaty from the Catholiques Shee was moved thereunto meerely out of her deere and tender affection to the King and of the Example of other his Majesties Subjects She seeing the like forwardnesse shee could not but expresse her forwardnesse to the assistance of the King If any thing be illegall shee was ignorant of the Law and was carried therein onely out of a great desire to be assisting to the King in so pressing an occasion but promiseth to be more cautious hereafter not to doe any thing but may stand with the established Lawes of the Kingdome Her Majestie being desirous to imploy her whole power to unite the King and people desireth the Parliament to looke forwards and passe by such mistakes and errors of her Servants as may be formerly committed And this your respect shee promiseth shall be repayed with all the good Offices shee can doe to the House which you shall finde with reall effects as often as there shall be occasion FINIS The Report of the Kings Message by the Lords to the House of Commons January 25. 1640. THat the occasion of his Majesties taking knowledge of the Conviction of John Goodman the Priest lately reprived was upon the constant order that hath been taken for divers yeares that the Recorder hath at the end of every Sessions attended his Majestie with the names of the persons convicted with an expression of their offences to the end that his Majestie might be truly enformed of the Natures of their Crimes and consequently not to be enduced by information to reprive such as were fit for grace and mercy And thereupon that he was lately Condemned for being in order of a Priest meerely and was acquited of the Charge of perverting the Kings people in their beliefe and had never beene Condemned or Banished before His Majestie is tender in matter of blood in Cases of this nature In which Queene Elizabeth and King James have beene often mercifull but to secure his people that this man shall doe no more hurt Hee is willing that he be imprisoned or banished as their Lordships shall advise And if he returne into the Kingdome to be put to Execution without delay And Hee will take such fit course for the expulsion of other Priests and Jesuites as Hee shall be councelled unto by your Lordships And that Hee doth not intend by this particular Mercie to lessen the force of the Lawes FINIS SIR THOMAS ROE his Speech in Parliament 1640. IT is a generall opinion that the trade of England was never greater and it may be true that if it be so yet it will not absolutely conclude that the Kingdome doth increase in riches for the Trade may by very aboundant and yet by consumption and importance of more then is expected the stocke may waste The Ballance would be a true solution of the Question if it could be rightly had but by reason it must be made up by a Medium of the Books of Rates it will be very uncertaine Therefore we must seeke another rule that is more sensible upon which wee may all judge and that may be by the plenty or scarcity of money for it is a true rule If money increase the Kingdome doth gaine by Trade if it be scarce it loseth Let us therefore consider first whether our Gold and Silver be not decreased and then by what meanes it is drayned and lastly how it may be prevented and what Remedies are appliable to effect it It is out of doubt our Gold is gone to travaile without Licence that is visible beyond Seas and every receiver of summes of money must find it privately and I feare the same of Silver for observing the species of late Coyning many halfe Crownes were stamped which are no more to be seene and by this measure I conclude the Kingdome growes poore The causes of this decay of Money may be many It may be stolne out for profit going much higher beyond Seas especially in France and Holland Much hath been
the East-Indies and may erect a Company of the West-Indies for the golden fleece which shall bee prepared for you whensoever you are ready for so great a Consultation The right way to nourish these Northâ—â—â—e Trades is by his Majesties favour to presse the King of Denmarke to Justice not to come as his intolerable Taxes newly imposed upon Trade in the passage of the Sound in Examples whereof the Elector of Brandenburgh joyning with the King of Poland hath likewise more then trebled the ancient and capitulated Duties which if that they shall continue I pronounce all the Commerce of the Baltique Sea so over-burthened That the East-land Company cannot subsist nor without them and the Muscovie Company the Navigation but that the materials for shipping will be doubled which will eat out all Trades I have given you but Essayes and strooke little sparkes of fire before you My intention is but to provoke the wit and ability of others I have drawn you a Map wherein you cannot see things clearely and distinctly onely I introduce matter before you and now I have done when I have shewed you the way how to enlarge and bring every particular thing into debate To which end my motion and desire is this That we may send to every severall Company of Merchants trading in Companies and under Government and Priviledges and to aske of them what is their Grievances in their generall Trade not to rake into private Complaints what are the causes of decay or abuses in their Trades and of the want of money which is visible and of the great losses both to the Kingdome and to every particular by the late high exchanges and to desire every one of these Companies to set downe their judgement in writing to the Committee by a day appointed and having from them all the generall state of the complaints severally we shall make some judgements of these relations one to another this done I desire to require all the same severall Companies upon their owne papers to propose to us in writing the Remedies appliable in their judgement which materials having all together and comparing one with another we shall discover that truth which we seeke that is whether Trade and Money decay or not and how to remedy it But I have one request more and so I will ease you of my losse of your time That when from all these Merchants we shall have before us so much matter and without such variety and perhaps not without private and partiall ends that then you will give me leave to represent to you the names of some generall and others dis-interessed and wel experienced in many particulars who may assist our judgements in all the premisses particularly in moneys and exchanges and give us great light to prepare our result and resolution to bee by the whole House of Commons represented to his Majesty and for expedition that a sub-Committee may be named to direct this Information from the Merchants THE LORD FAUKLAND His SPEECH Concerning EPISCOPACY MASTER SPEAKER he is a great stranger in Israel who knowes not that this Kingdome hath long laboured under many and great oppressions both in religion and liberty and his acquaintance here is not great or his ingenuity lesse who doth not both know and acknowledge that a great if not a principall cause of both these have beene some Bishops and their adherents Master Speaker a little search will serve to find them to have beene the destruction of unitie under pretence of uniformity to have brought in superstition and scandall under the titles of reverence and decency to have defil'd our Church by adorning our Churches to have slackned the strictnesse of that union which was formerly betweene us and those of our religion beyond the sea an action as unpoliticke as ungodly Master Speaker wee shall finde them to have Tith'd Mint and Anise and have left undone the weightier works of the Law to have been lesse eager upon those who damne our Church then upon those who upon weake conscience and perhaps as weake reasons the dislike of some commanded garment or some uncommanded posture onely abstained from it Nay it hath been more dangerous for men to goe to some neighbours Parish when they had no sermon in their owne then to be obstinate and perpetuall Recusants while Masses have been said in security a conventicle hath beene a crime and which is yet more the conforming to ceremonies hath beene more exacted then the conforming to Christianity and whilest men for scruples have beene undone for attempts upon Sodomie they have onely beene admonished Master Speaker we shall find them to have beene like the hen in Esop which laying every day an egge upon such a proportion of barly her Mistresse increasing her proportion in hope shee would encrease her egges shee grew so fat upon that addition that shee never laid more so though at first their preaching were the occasion of their preferment they after made their preferment the occasion of their not preaching Master Speaker we shall find them to have resembled another fable the dog in the manger to have neither preached themselves nor employ'd those that should nor suffered those that would to have brought in catechising only to thrust out preaching cryed downe Lectures by the name of Factions either because their industry in that duty appeared a reproofe to their neglect of it not unlike to that we read of him who in Nero's time and Tacitus his story was accused because by his vertue he did appeare Exprobrare vitia Principis or with intention to have brought in darknesse that they might the easier sow their tares while it was night and by that introduction of ignorance introduce the better that Religion which accompts it the Mother of devotion Master Speaker in this they have abused his Majesty as well as his people for when they had with great wisedome since usually the children of darknesse are wiser in their generation then the children of light I may guesse not without some eye upon the most politicke action of the most politicke Church silenced on both parts those opinions which have often tormented the Church and have and will alway trouble the schooles they made use of this declaration to tye up one side and let the other loose whereas they ought either in discretion to have beene equally restrained or in justice to have beene equally tolerated And it is observable that that party to which they gave this licence was that whose doctrine though it were not contrary to law was contrary to custome and for a long while in this Kingdome was no oftner preached then recanted The truth is Master Speaker that as some ill Ministers in our state first tooke away our mony from us and after indeavoured to make our mony not worth the taking by turning it into brasse by a kind of Antiphilosophers-stone so these men used us in the point of preaching first depressing it to their power and next labouring to
bee bound together If this Treason had taken effect our Soules had been inthralled to the Spirituall Tyranny of Sathan our Consciences to the Ecclesiasticall Tyranny of the Pope our Lives our Persons and Estates to the Civill Tyranny of an arbitrary unlimited confused Government Treason in the least degree is an odious and a horrid Crime other Treasons are particular if a Fort bee betrayed or an Army or any other treasonable fact committed the Kingdome may out-live any of these this Treason would have dissolved the frame and beeing of the Common-wealth it is an Universall a Catholike Treason the venome and malignity of all other Treasons are abstracted digested sublimated into this The Law of this Kingdome makes the King to be the fountaine of Justice of Peace of Protection therefore we say the Kings Courts the Kings Judges the Kings Lawes The Royall Power and Majestie shines upon us in every publique blessing and benefit wee enjoy but the Author of this Treason would make him the fountaine of Injustice of Confusion of publike misery and calamitie The Gentiles by the light of Nature had some obscure apprehensions of the Deity of which they made this expression that hee was Deus optimus maximus an infinite goodnesse and an infinite greatnesse All soveraigne Princes have some Characters of Divinity imprinted on them they are set up in their dominions to bee Optimi Maximi that they should exercise a goodnesse proportionable to their greatnesse That Law terme Laesa Majestas whereby they expresse that which wee call Treason was never more thorowly fulfilled then now there cannot bee a greater laesion or diminution of Majestie then to bereave a King of the glory of his goodnesse It is goodnesse My Lords that can produce not onely to his people but likewise to himself honour and happiness There are Principalities Thrones and Dominions amongst the Divels greatness enough but being uncapable of goodness they are made uncapable both of honour and happinesse The Lawes of this Kingdome have invested the Royall Crowne with power sufficient for the manifestation of his goodness and of his greatness if more bee required it is like to have no other effects but povertie weaknesse and miserie whereof of late wee have had very wofull experience It is farre from the Commons to desire any abridgement of those great Prerogatives which belong to the King they know that their own Liberty Peace are preserved and secured by his Prerogative they will alwayes be ready to support and supply his Majesty with their lives and fortunes for the maintenance of his just and lawfull Power This My Mords is in all our thoughts in our prayers and I hope will so be manifested in our indeavours that if the proceedings of this Parliament bee not interrupted as others have beene the King may within a few moneths bee put into a cleare way of as much greatnesse plenty and glory as any of his Royall Ancestors have enjoyed A King and his People make one Body the inferiour parts conferre nourishment and strength the superiour sense and motion If there be an interruption of this necessary intercourse of bloud and spirits the whole Body must needs bee subject to decay and distemper therefore obstructions are first to bee removed before restoratives can be applyed This My Lords is the end of this Accusation whereby the Commons seeke to remove this person whom they conceive to have beene a great cause of the obstructions betwixt his Majesty and his People for the effecting whereof they have commanded mee to desire your Lordships that their proceedings against him may bee put into as speedy a way of dispatch as the courses of Parliaments will allow First that hee may bee called to answer and they may have liberty to reply that there may bee a quick and secret examination of witnesses and they may from time to time bee acquainted with the depositions that so when the cause shall bee ripe for Judgement they may collect the severall Examinations and represent to your Lordships in one entire Body the state of the Proofes as now by mee they have presented to you the state of the Charge Mr. PYM his SPEECH After the Articles of the Charge against Sr. GEORGE RATCLIFFE were read My LORDS BY hearing this Charge your Lordships may perceive what neere conjunction there is betweene this Cause and the Earle of STRAFFORDS the materials are for the most part the same in both the offences of the Earle moving from an higher Orb are more comprehensive they extend both to England and Ireland these except in one particular of reducing of England by the Irish Army are confined within one Kingdome the Earle is charged as an Authour Sir GEORGE RATCLIFFE as an Instrument and subordinate Actor The influences of superiour Planets are often augmented and inforced but seldome mitigated by the concurrence of the inferiour where merit doth arise not from well-doing but from ill the officiousnesse of ministers will rather adde to the malignity of their Instructions then diminish it that so they may more fully ingratiate themselves with those upon whom they depend In the crimes committed by the Earle there appears more haughtinesse and fiercenesse being acted by his owne principles those motions are ever strongest which are neerest the Primum mobile But in those of Sir GEORGE RATCLIFFE there seemes to be more basenesse and servility having resigned and subjected himselfe to bee acted by the corrupt will of onother The Earle of STRAFFORD hath not beene bred in the study and practice of the Law and having stronger lusts and passions to incite and lesse knowledge to restraine him might more easily be transported from the Rule Sir GEORGE RATCLIFFE in his naturall temper and disposition more moderate and by his education and profession better acquainted with the grounds and directions of the Law was carried into his offences by a more immediate Concurrence of will and a more corrupt suppression of his owne Reason and Judgement My Lords as both these have beene partners in offending so it is the desire of the Commons they may bee put under such tryall and examination and other proceedings of justice as may bring them to partake in a deserved punishment for the safety and good of both Kingdomes Mr SPEAKERS SPEECH At the presenting of these three BILLS viz. An Act For the shortning of Michaelmas Terme For the pressing of Mariners for the Kings Ships For the remainder of the six entire Subsidies May it please your most excellent Majesty THE great security of the Kingdome rests in the happy concurrence of the King and people in the unity of their hearts These joyned safety and plenty attends the Scepter but divided distraction and confusion as Bryers and Thorns overspreads and makes the Land barren No peace to the King No prosperity to the people The duties and affections of your subjects are most transparent most cleare in the cheerfull and most liberall contributions given to knit fast this union with
My Lord Keeper did first let us know that his Majesty had commanded the Lords Commissioners of the great Councell to give an account of their Treaties at Yorke and Rippon to both Houses and of his Majesties gracious intentions in a businesse so much importing the honour and safety of the Kingdome that there might be made a faithfull relation with all candor and clearnesse which was the summe of his Majesties instructions His Lordship declaring that my Lords of the upper House for the saving of time had thought fit to give this account to a Committee of both Houses which hath occasioned the meeting at this Conference and election being made of the Earle of Bristoll by the Lords Commissioners he began his Narration directed to the Lords of the upper House and to the Knights Citizens and Burgesses of the house of Commons and thus the Earle of Bristoll began That the Lords Commissioners intended not to looke further back into the businesse then the Acts of their own imployments They did intend to give no account of the pacification interrupted nor war renewed no account how the Armies in England Ireland and by Sea were designed nor of any occasion They purposed not to lay fault upon any man nor to enquire into the cause why the Scots as they pretended from necessity were drawne to enter this Kingdome nor why the Kings Army when service was to be done was out of the way But that those through whose hands these have passed might hereafter give their own account His Lordship told us that his Majesty was pleased to call his great Councell at Yorke to whom he made two propositions The first was how his Army which seemed to be in distresse for want of pay should be relieved and maintained To this to shew their duties to the King the Lords resolved to ingage themselves and to that purpose to send chosen Deputies to London to negotiate a supply The second proposition was that after the Scots had passed Northumberland taken Newcastle and possessed the Bishopricke of Duresme they sent a Petition to his Majesty which containeth in generall termes a desire to have their grievances taken into consideration Which Petition and Answer thereunto was read unto us A. N. A. and presented for our clearer understanding Upon receipt of his Majesties Answer the Scotish Lords sent his Majesty a second Petition directed in a Letter to the Earle of Lanrick K. Q. in which they made their particular demands and declared that according to his Majesties command they would advance no further and this Petition was also read and delivered unto us of which his Lordship desired that great Assembly to take especiall notice for that much of the future discourse would depend upon it The businesse thus stated at the great Councell the second proposition was what Answer should be made to that Petionary Letter and in what manner it should be carried In which his Majesty required their Councell Whereupon the Lords replyed that it was impossible for them to give any well grounded advice unlesse the true state of his affaires and the Condition of his Army were laid before them Whereupon his Majesty commanded the Earle of Traquaire N. L. to make the Narration of the Scotish businesse and their late Acts of Parliament and the Lord Lievtenant generall to give an account in what condition the Army stood and what was answered by my Lord Lievtenant was read in his owne words Besides this declaration the Earle of Bristoll delivered upon a further enquiry how the state of the businesse then stood That the Scots Army had passed Northumberland without resistance that they had disputed the passage of the River of Tyne at Newburne where our horse retyred in disorder that his Majesties foot Army consisting of twelve or fourteene thousand men in Newcastle likewise retired to Yorke whereby the Towne of Newcastle a place of great consideration was without one stroke strucken fallen into the Scots hands and the Bishopricke of Duresme drawn under Contribution That in this state the Gentry of the Bishopricke repayred to Master Treasurer who carryed them to his Majesty from whom they were referred to my Lord Lievtenant of the Army who gave them this answer positively That they could looke for no help nor protection from the King and therefore they might use the best meanes they could to preserve their lives and estates Whereby those distressed Provinces the ancient Bulwarks of this Kingdome full of brave and valiant men being now fallen into the power of an Army which of necessity must live were forced to consent to a contribution by Treaty and a very heavy one though such without which the Scotish Army could not subsist The agreement was 350. l. a day for the Bishopricke of Duresme 300. l. a day for Northumberland 200. a day for the Towne of Newcastle in all 850. l. a day which should it continue would amount unto 300000. l. for one yeare These Gentlemen much lamented their estates that the Scots should be irritated as they call it by being proclaimed Traytors His Lordship made a little digression and asked leave to speake truth in such language as the Scots had presented their state unto them That having proclamation made against them being threatned with a great Army of thirty or forty thousand men another of ten thousand out of Ireland and by Parliament declared Traytors and Rebels and having heard of another Army providing of eight or ten thousand by shipping to hinder their Trade at least their Commerce with England that they were drawne together by necessity as they pretended of defence further alledging that it was a common discourse of which they had seene papers that they should bee reduced into a Province which would be but one Summers worke and therefore they having drawne their power together as any Nation would doe and being assembled and their Country being poore taking advantage of the time and that all those Armies that should oppose them were out of the way and those unfortunate Provinces left like a list of Cloath they were forced to enter in England that thus they had lamented and thus the state stood before the Lords when it was examined in the great Councell Thus their Lordships found that the Scots had increased their confines neere fourescore miles in England and had passed the Rivers of Tweed and Tyne and that the River of Tees the boundary of Yorkeshire Duresme being possessed was not to be defended being foordable in many places by forty horse a front that if the Scots should passe that River there was no possibility to hinder them from comming to Yorke or to any part of England without hazarding a Battell which my Lord Lievtenant had declared unto them he would not advise for though the Kings Army consisted of seventeene or eighteene thousand good bodies of men yet being untrained and unused to Armes he would be loath to hazzard such an Adventure upon them but if they
should advance to Yorke hee might make good that Citie This being the case as it was presented my Lords advised his Majesty that they conceived the fittest way was that the Scots and their grievances might bee heard And whereas their maine Complaint had beene that their Petitions to his Majesty had beene conveyed by Conduits of an evill rellish that there might be chosen such Lords Commissioners of whose integrity they could not doubt Whereupon his Majesty was pleased to referre the choyce of the Commissioners to the great Councell who made the election with the assent of his Majesty The Commissioners names N. B. to whom power was given under the great seale of England to heare whatsoever the Scots would lay before them and to enter into Treatie with them and to give safe conducts and to do all things preparatory to a Treaty The first place of meeting was appointed at North-Allerton but some inconveniences being found it was by consent transferred to Rippon For the inducement of this meeting N. B. a Letter of the Lord Lanricks to the Scots Commissioners was read and given unto us The Treaty thus settled the Lords to be imployed receiving instructions from his Majesty by the consent of the great Councell it was agreed they should treat upon the whole businesse propounded by the Scots and left to their discretion to treate of a Cessation of Arms as the ordinary fore-runner of all Treaties of Peace When their Lordships came to Rippon the Cessation of Armes was the first proposed but being entered upon it the Scots Commissioners did let their Lordships know that there was something necessary first to be done that the Countreys where they lay were become poore that they could not thinke as their affaires stood of returning home that his Majesty had restrayned them from passing further so that a Treaty in this Exigent was worse then a Warre unlesse meanes might be thought upon how they might subsist and hereupon they did propound that if it were expected that they made no further progresse therein obeying his Majesties command which nothing but invincible necessity should force them to transgresse by plundring the Countreys they must have maintenance for their Army This motion seemed very strange to their Lordships that it should be demanded to provide a maintenance for the Scots when the Kings owne Army was in great distresse yet the necessity seemed to be such on both sides that the Lords appointed some of their Company to repaire to the King at Yorke to acquaint his Majesty with the Scots demand Upon debate of the businesse though it were of hard digestion to his Majesty the Lords and the whole Kingdome that they whose Ancestors had been called to advise upon the Ransome of Kings should now come to consult how to maintaine an Army got into our owne bowels Therefore their Lordships would not proceed without the knowledge of his Majesty and the great Councell where it was found necessary not for maintaining the Scots Armies for they might easily supply their owne wants by plundring in which course they might get a million whereas five thousand pounds would serve but for two months but to preserve the Countreys from utter ruine and the Scots from further advancing to give to their Lordships Commission to treate for a competency of maintenance during the Treaty The first demand was forty thousand pounds a moneth which by Treaty was reduced thus That instead of giving them any allowance they should bee left to their proportion of that contribution already agreed upon by the Counties as lesse dishonourable then to assigne them maintenance This point being thus settled N. D. E. their Lordships proceeded to the Treaty of Sessions and both were agreed and concluded his Lordship proposing the Articles themselves to bee read for more satisfaction His Lordship proceeded that these preparatives being settled at Rippon twenty miles from Yorke and the time far spent and the Parliament approaching their Lordships resolved to bee humble suitors to his Majesty that the generall Treaty might be transferred to London by consent of both parties thereunto agreeing Here his Lordship proposed the reading of a Letter whereby this translation of the Treaty was moved which was done and delivered unto us To this Letter his Majesty made a gracious answer and consented to transferre the Treaty to London where some of the Scots Commissioners are already arrived and the rest within a day or two expected Their Lordships having proceeded in the Treaty as far as they could goe repaired to Yorke and both Articles concluded were read in his Majesties presence and that they declared that they had in all things punctually observed their Instructions whereupon his Majesty required them to give their counsell whether he should ratifie and signe these Articles or not To which the Lords made answer that they had served his Majesty in quality of Commissioners Ambassadours and had duly observed their Instructions but now He being pleased to aske their advice they would bee glad to serve him according to their consciences and therefore besought his Majesty for leave to retire themselves and consult of the businesse to which his Majesty was graciously pleased to consent Upon resolution considering the great strait into which his Majesties affaires were reduced they concluded to advise his Majesty to signe and craved leave to present unto his Majesty a declaration of their reasons which were accepted and read in the great Councell And their Lordships held it necessary to bee read againe in that great Assembly N. G. as the rest of their Councell These reasons being read his Majesty was pleased to ratifie the Articles in expresse words also read unto us His Lordship concluded this Narrative as the full account of the Treaty N. D. and proceeding in it to his Majesties ratification and craved leave in the next place to present the hard and wofull condition in which his Majesties affaires then stood in the North First that by consent a contribution of 850. l. a day was agreed That there was already some doubt that the Countries were not able to beare it On the other side it was objected by the Scots that it was impossible if the payment should faile to keepe their promise or to obey his Majesty but that they should be necessitated against their will to plunder the Country These doubts considered it was declared by my Lord Lievtenant that the Counties of Cumberland and Westmerland being at pleasure under the Scots power it was reasonable that in subsidium they should contribute some helpe to their Neighbours But hee declared since their Lordships coming away the Commissioners left at Duresme had written that it was impossible for them to proceed in the agreement which if it were broken on their part the Scots would alledge an impossibility to consent to starve so that if some meanes were not found by which those Counties engaged might bee relieved hee was affraid all their labour and Treaty
publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
this next Michaelmas Let thither also reach their prescribed time for liberty And that till then their protections shall remain in as full vertue and authority as if the Parliament were actually sitting To the Right Honorable the LORD Deputie SHewing that in all ages past since the happy subiection of this Kingdome to the imperiall Crown of England it was and is a principall study and Princely care of his Maiesty and his most Noble Progenitors Kings and Queens of England and Ireland to the vast expence of Treasure and bloud that their loyall and dutifull people of this land of Ireland being now for the most part derived from the Brittish Ancestor should be governed according to the municipiall and fundamentall lawes of England that the Statute of Magna Charta or the great Charter for the liberties of England and other laudable lawes and Statutes were in severall Parliaments here enacted and declared that by the means thereof and of the most prudent and benigne government of his Maiestie and his royall Progenitors this Kingdome was untill of late in its growth to a flourishing estate whereby the said people were hertofore enabled to answer their humble and naturall desires to comply with his Maiesties Royall and Princely occasions by the free gift of 150000 l. ster and likewise by another gift of 120000 l. ster more during the government of the Lord Viscount Faulk-land and after by the gift of 40000. l. and their free and chearfull gift of 6. entire Subsidies in the 10. year of his Maiesties Reign which to comply with his Maiesties then occasions signified to the then H. of Commons they did allow should amount in the collections unto 250000. l. although as they confidently beleeve if the sayd Subsidies had not been levied in a moderate Parliamentary way they would not have amounted to much more than half the said sum besides the four entire Subsidies granted in this present Parliament So it is may it please your Lordship that by the occasion of the ensuing and other grievances and innovations though to his Maiestie no considerable profit this Kingdome is reduced to that extreme and universall poverty that the same is now lesse able to pay a Subsidie then it was heretofore to satisfie all the before recited great payments and his Maiesties most faithfull people of the same do conceive great fears that the grievances and the consequences therof may hereafter be drawn into precedents to be perpetuated upon their posterity which in their great hopes and strong belief they are perswaded is contrary to his Maiesties Royall and Princely intention towards his said people some of which said grievances are as followeth I. First the generall and apparent decay of Trades occcasioned by the new and illegall raysing of the book of Rates and Impositions as xii d. a piece custome for Hides bought for 3.4 or 5. s. and many other heavie Impositions upon native and other commodities exported and imported by reason thereof and of the extream usage and sensures Marchants are beggered and both disinabled and discouraged to trade and some of the honorable persons who gain thereby are often Iudges and parties and that in conclusion his Maiesties profit therby is not considerably advanced II. Secondly the arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lievetenant and Lord Deputy and infinite other Iudicators upon references from them derived in the nature of all actions determinable at the Common-law not limited unto certain times seasons causes and things whatsoever and the consequence of such proceedings by receiving imomoderate and unlawfull fees by Secretaries Clerkes Pursivants Serjants at Armes and otherwise by which kinde of proceedings his Majesty loseth a considerable part of his Revenue upon originall writs and otherwise and the Subject loseth the benefit of his writ of error Bill of reversall vouchers and other legall and just advantages and the ordinary course and Courts of Justice declined III. Thirdly the proceedings in civill causes at the Councell boord contrary to the law and great Charter and not mitted to any certain time or season IV. Fourthly that the Subject is in all the materiall parts thereof denyed the benefit of the principall graces and more especially of the Statute of Limitations of the 21. Jan. granted by his Majesty in the 4 year of this Reign upon great advice of the Counsell of England and Ireland and for great consideration and th n published in all the Courts of Dublin and in all the Courts of this Kingdome in open Assizes whereby all persons do take notice that contrary to his Majesties plous intention his Subiects of this Land have not enioyed the benefit of his Maiesties Princely promise thereby made V. Fiftly the extraiudiciall avoyding of Letters Patents of estates of a very great part of his Maiesties Subiects under the great Seale the publique faith of the Kingdome by private opinions delivered at Councell Boord without legall Evictions of their estates contrary to the Law and without precedent or example of any former age VI. Sixtly the Proclamation for the sole exemption and uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means wherof thousands of Families within this Kingdome and of his Maiesties subiects in severall Islands and other parts of the West Judies as your Petitioners are informed are destroyed and the most part of 〈◊〉 Coyne of this Kingdome is ingrossed into particular hands Insomuch that your Petitioners do conceive that the profit arising and ingrossed thereby doth surmount his Maiesties Revenues certaine and casuall within this Kingdome and yet his Maiestie receiveth but very little profit by the same VII Seventhly the unusuall and unlawfull increasing of Monopolies to the advantage of few to the disprofit of his Maiesty and the impoverishment of his people VIII Eighthly the extream and cruell usage of certain late Commissioners and other towards the Brittish Farmers and Inhabitants of the City and County of London-derry by meanes whereof the worthy plantation of that Country is almost destroyed and the Inhabitants are reduced to great poverty and many of them forced to forsake the Country the same being the first and most usefull Plantation in the large Province of Vlster to the great weakning of the Kingdome in this time of danger the sayd Plantation being the principall strength of those parts IX Ninthly the late erection of the Court of high Commission for causes Ecclesiasticall in these necessitous times the proceedings of the sayd Court in many causes without legall warrant and yet so supported as prohibitions have not been obtained though legally sought for and the excessive fees exacted by the ministers thereof and the incroaching of the same upon the iurisdiction of other Ecclesiasticall Courts of this Kingdome X. Tenthly the exorbitant and Barbarous Fees and pretended Customes exacted by the Clergie against the Law some of which have beene formerly represented to your Lordship XI Eleventhly the
Petitioners do most heartily bemone that his Maiesties services and profits are much more impaired than advanced by the grievances aforesaid And the Subsidies granted in the last Parliament having much increased his Maiesties Revenue by the buying in of Grants and otherwise and that all his Maiesties debts then due in this Kingdome were satisfied out of the sayd Subsidies and yet his Maiesty is of late as your Petitioners have beene inform'd in the House of Commons become indebted in this Kingdome in great sums and they do therefore humbly beseech that an exact account may be sent to his Maiesty how and in what manner his treasure issued XII Twelfthly the Petitioners do humbly coâ—ceive great and iust fears at a Proclamation published in this Kingdome in Anno Dom. 1635. prohibiting men of quality or estate for to depart this Kingdome into England without the Lord Deputies License whereby the Subiects of this Kingdome are hindered and interrupted from free accesse and addresse to his sacred Maiesty and Privie Counsell of England to declare their iust grievances or to obtaine remedie for them in such sort as their Ancestors have done in all ages since the Reigne of King Henry the second and great Fees exacted for every of the said Licenses XIII Thirteenthly that of late his Maiesties late Attourny generall hath exhibited informations against many ancient Burroughs of this Kingdome into his Mai sties Court of Exchequer to shew by what warrant the sayd Burroughes who heretofore sent Burgesses to the Parliament should send the sayd Burgesses to the Parliament And thereupon for want of an answer the sayd Priviledge of sending Burgesses was seized by the sayd Court which proceedings were altogether Coram non Judice and contrary to the Lawes and Priviledges of the House of Parliament and if way should be given thereunto might tend to the subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth and that the House of Commons hath hitherto in this present Parliament bin deprived of the advice and Counsell of many profitable and good members by means thereof XIV Fourteenthly that by the powerfulnesse of some ministers of State in this Kingdome the Parliament in its members and actions hath not his naturall freedome XV. Fifteenthly that the fees taken in all the Courts of Iustice in this Kingdome both Ecclesiasticall and Civill and by other inferiour Officers and Ministers are so immoderately high that it is an unspeakable burthen to all his Maiesties Subiects of this who are not able to subsist except the same be speedily remedied and reduced to such a moderation as may stand with the condition of this Realme And lastly That the Gentry Merchants and other his Maiesties Subiects of this Kingdome are of late by the grievances and pressures aforesayd and other the like very neere to ruine and destruction And Farmers of Customes Customers Waiters Searchers Clearks of unwarrentable proceedings Pursevants and Gaolers and sundry others very much inriched whereby and by the slow redresse of the Petitioners grievances his Maiesties most faithfull and dutifull people of this Kingdome do conceive great feares that their readinesse approved upon all occasions hath not been of late rightly represented to his Maiesty For Remedy whereof the said Petitioners do humbly and of Right beseech your Lordship that the grievances and pressures may be speedily redressed And if your Lordship shall not think sit to afford us present relief therein that your Lordship may admit a select Committee of this House of persons un interessed in the benefit arising the aforesaid grievances to be licensed by your Lordship to repaire to his sacred Maiesty in England for to pursue the same and to obtain fitting Remedies for their aforesaid and other iust grievances and oppressions and upon all iust and honorable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their utmost indeavours to serve his Maiesty and comply with his Royall and Princely occasions And shall pray c. A Speech against the Judges per Ignotum quendam Mr. Speaker IT was a custome among the Romans who as by their power they once gave laws so by the happy successe of their long flourishing Government might they well give examples to all the world that in their Senates the yongest men spake first partly that they might not have their weaker notions anticipated by the more knowing Senators And partly that the Senate might not be diverted from the mature resolutions of the more ancient by the interposition of the younger men They as all free States ever allowing free members to expresse themselves according to their severall capacities And me thinks 't was a happy Method So your opinions and inclinations of the Assembly being discovered and ripened to resolution by such gradations the sentences of the Sages sounded as Iudgements not orations their wisedome and gravity put a seasonable Period to others perhaps otherwise endlesse discourses Their precedent encourges me who worst may to break the Ice Children can lay their fingers on the Sore point out their pain and Infant Graduates in Parliament may groan out the grievances of a diseased Common-wealth but they must be Doctors in the Art of Government that can apply apt remedies to recover it Mr. Speaker Ancient and approved hath been that parallell of the body politique with the body naturall 'T is the part of their Patients in either distempered to impart freely their griefs to the Physitians of the body or state if they expect a cure This Common-wealth is or should be but one body This house the great Physitian of all our maladies and alas Mr. Speaker of what afflicted part shall we poor Patients complain first Or rather of what shall we not complain Are we not heart-sick Is there in us that which God requires unity purity and singulari y of heart Nay is not Religion the soul of this body so miserably distracted that I speak it with terrour of heart 't is to be feared there is more confusion of religions amongst us then there was of tongues at the subversion of Babell And is it not then high time that we understand one another that we were reduc'd to one Faith one Government Sir Is the Head whole The sear of Government and Justice the Fountain from whose sweet influence all the inferiour members of this body should receive both vigour and motion Nay hath not rather a generall Apoplexy or Palsie taken oâ—shaken all our members Are not some dead Others buried quick Some dismembred all disordered by the diversion of the course of Justice Is the Liver Natures Exchequer open from whose free distribution each limb may receive his proper Nutriment or rather is it not wholly obstructed Our property taken from us So that it may properly be said of us Sic vos non vobis fertis aratra our Ancestors drunk the juyce of their own Vines reap'd and eat the fruit
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
upon Bill or information and Cite such parties to appeare as stand accused of any misdemeanour and this was the Infancy of the Starchamber but afterwards the Starchamber was by Cardinall Woolsey 8 H. 8. raised to mans Estate from whence being now altogether unlimited it is grown a Monster and will hourely produce worse effects unlesse it be reduced by that hand which laid the foundation for the Statutes that are ratified by Parliament admit of no other than a repeale Therefore I offer humbly unto your Lordships these ensuing Reasons why it should be repealed First the very words of the Statute cleerly shew that it was a needlesse institution for it sayes they who are to Judge can proceed with no delinquent otherwise then if he were convicted of the same crime by due proces of Law And doe your Lordships holdth is a rationall Court that sends us to the Law and calls us to the Law and calls us back from it againe Secondly divers Judicatories confound one another in pessima republica plurimae Leges The second reason is from circumstance or rather à Consuetudine and of this there are many examples both domestique and forain but more particularly by the Parliaments of France abbreviated into a standing Committee by Philip the King and continued according to his Institution untill Lewis the eleventh came to the Crown who being a subtill Prince buried the volume in the Epitome for to this day when ever the three Estates are called either at the death of the old King or to Crown the new It is a common Proverb Allons voire Le van des Estates My Lords Arbitrary judgements destroy the Common Laws and in them the two great Charters of the Kingdome which being once lost we have nothing left but the name of liberty Then the last reason is though it was the first cause of my standing up the great Eclipse it hath ever been to the whole Nobility For who are so frequently vexed there as Peers and Noblemen and notwithstanding their appeale to this Assembly is ever good whilst that famous Law of the 4 Ed. 3. remaines in force for the holding of a Parliament once a year or more if occasion require yet who durst a year ago mention such a Statute without the incurring the danger of M. Kilverts persecution Therefore I shall humbly move your Lordships that a select Commitee of a few may be named to consider of the act of Parliament it selfe and if they shall thinke it of as great prejudice as I doe that then the house of Commons in the most usuall manner may be made acquainted with it either by Bill or conference who also happily thinke it a burthen to the Subject and so when the whole body of Parliament shall joyne in one supplication I am confident his Majestie will desire that nothing shall remaine in force which his people doe not willingly obey Lunae the 10. of May 1641. IT is this day ordered by the House of Commons now assembled in Parliament that the Lord Maior of London the Justices of Peace of Midlesex Westminster and the Liberties of the Dutchie of Lancaster and those of Surrey that are for the Burrough of Southwarke and the place adjoyning doe imploy their best endeavors to prevent that none of the Kings Subjects doe frequent the houses of any the Embassadors Somerset-house or St. James to heare Masse And that they give an accompt to this House of the Execution of this Order at all such times as by the said House they shall be required My Lord Finch his Letter to my Lord CHAMBERLAINE My most welbeloved Lord THe Interest your Lordship hath ever had in the best of my fortunes and affections gives me the Priviledges of troubling your Lordship with these few lines from one that hath now nothing left to serve you withall but his Prayers Those your Lordship shall never faile with an heart as full of true affection to your Lordship as ever any was My Lord it was not the losse of my place and with that of my fortunes nor being exiled from my deare Countrey and friends though many of them were cause of sorrow that afflicts but that which I most suffer under is that displeasure of the House of Commons conceived against me I know a true heart I have ever borne towards them and your Lordship can witnesse in part what wayes I have gone in but Silence and patience best becomes me with which I must leave my selfe and my Actions to the favourable construction of my Noble Friends in which number your Lordship hath a prime place I am now at the Hague where I arrived on Thursday the last of the last moneth where I purpose to live in a fashion agreeable to the poorenesse of my fortunes for my humbling in this world I have utterly cast off the thoughts of it and my aime shall be to learne to number my daies that I may apply my heart unto wisdome that wisdome that shall wipe all teares from mine eyes and heart and lead me by the hand to true happinesse which can never be taken from me I pray God of heaven blesse this Parliament with a happy both progresse and conclusion if my ruine may conduce but the least to it I shall not repine at it I truly pray for your Lordship and your Noble Family that God would give an increase of all worldly blessings and in the fulnesse of dayes to receive you to his glory if I were capable of serving any body I would tell your Lordship that no man should be readier to make knowne his devotion and true gratitude to your Lordship then Your Lordships most humble and affectionate poore kinsman and servant J.F. Hague Jan. 3. 1640. The Lord KEEPERS Speech TO HIS MAJESTIE at the Banquetting-house at White-hall in the name of both Houses May it please Your Majestie I Am to give your Majestie most humble and heartie thanks in the name of both houses of Parliament and this whole Kingdome for the speedy and gracious Royall assent unto the Bill Entitled An act for preventing of inconveniences happening by the long intermission of Parliaments which as it is of singular comfort and securitie for all your Subjects for the present so they are confident it will be of infinite honor and setlement of Your Majesties Royall Crowne and dignitie as well as comfort to their postiritie The Declaration of the Scots Commissioners to the House of Parliament touching the maintenance of their Army March the 16th 1640. IN the midst of other matters necessitie constraineth us to shew your Lordships that fourescore thousand pounds and above of the Moneys appointed for reliefe of the Northerne Countreys there is no more paid but 18000 l. the Country people of those Countreys have trusted the souldiers so long as they are become weary and unable to furnish them their cattell and victuall being so farre exhausted and wasted as it is scarce able to entertain themselves The Markets are decayed
because there is no mony to buy their Commodities and are become so deare that no sort of victuall is sold but at a double rate And which is hardest of all the Army is stinted by the Articles of Cessation to stay within these two Countyes whose provisions are all spent expecting from time to time the payment of those moneys which were promised for their reliefe and are reduced to such extremity as they must either starve or sore against their will breake their limited bounds unlesse some speedy course bee taken for their more timous payment that so soone as may be the Arreers may be paid And because the continued payment of that monethly summe for reliefe of the Northerne Countreyes is a Burthen to the Kingdome of England our Army is a trouble to the Country where they reside our charges of entertaining our Army besides what is allowed from England is exceeding great And our losses and prejudice through absence and neglect of our affaires not small Therefore that all evills and troubles of both Kingdomes may be removed it is our earnest desire that the Parliament may be pleased to determine the time and manner of Payment of the 300000 l. which they were pleased to grant towards reliefe of their Brethren that there may be no let about this when matters shall be drawing towards an end And that his Majesty and they may give order for Accelerating matters in the treaty that the peace being concluded England may be eased of the burthen of two Armies and we may returne to our owne homes which is our earnest desire Ad. Blaire The Remonstrance of both the Houses of Parliament unto the King delivered by the Lord Keeper January the 29th 1640. May it please your Majesty YOUR loyall Subjects the Lords and Commons now assembled by your Majesties Writ in the high Court of Parliament humbly represent unto your gracious consideration that Jesuits and Priests ordained by authority from the Sea of Rome remaining in this Realme by a Statute made in the 27 year of Queen Elizabeth are declared Traytors and to suffer as Traytors That this law is not so rigorous 27 Eliz. cap. 2. as some apprehend or would have others to beleeve for that it is restrayned to the naturall born Subjects only and doth not extend to any strangers at all That it is enacted in the first year of King James 1 Jac. cap. 4. that all Statutes made in the time of Queen Elizabeth against Priests and Jesuits be put in due and exact execution And for further assurance of the due execution of these laws the Statute of the third year of King James invites men to the discovery of the offenders by rewarding them with a considerable part of the forfeiture of the Recusants estate So that the Statute of Queen Elizabeth is not only approved but by the judgement of severall Parliaments in the time of King James of happy memory adjudged fit and necessary to be put in execution That considering the state and condition of this present time they conceive this law to be more necessary to be put in strict execution then at any time before that for divers weighty and considerable reasons viz. For that by divers Petitions from the severall parts of this Kingdome complaints are made of the great increase of Popery and Superstition and the people call earnestly to have the laws against Recusants put in execution Priests and Jesuits swarme in great abundance in this Kingdome and appeare here with such boldnesse and confidence as if there were no laws against them That it appeares unto the House of Commons by proofe that of late years about the City of London Priests and Jesuits have been discharged out of Prison many of them being condemned of high Treason They are credibly informed that at this present the Pope hath a Nunciâ— or Agent resident in the City and they have a just cause to believe the same to be true The Papists as publiquely and with as much confidence and importunity resort to Masse at Denmark house and St. James and the Embassadors Chappels as others doe to their Parish Churches They conceive the not putting of these Statutes in execution against Priests and Jesuits is a principall cause of increase of Popery That the putting of these laws in execution tendeth not only to the preservation and advancement of the true Religion established in this Kingdome but also the safety of your Majesties person and security of the State Government which were the principall causes of the making of the Laws against Priests and Jesuits as is manifestly declared in the preamble of the laws themselves which are the best interpreters of the mindes of the makers of them And because the words being penned by the advise and wisdome of the whole state are much more full and clear then any particular mans expression can be they were therefore read as they are vouched those of the 27 year of Queen Elizabeth being thus viz. That the Priests and Jesuits come hither not only to draw the Subjects from their true obedience to the Queen but also to stir up Sedition Rebellion and open hostility within the Realme to the great endangering of the safety of her Royall Person and to the utter ruin desolation and overthrow of the whole Kingdom if not timely prevented and the tenor of the words of the third year of King James are in this manner viz. Whereas divers Jesuits and Priests doe withdraw many of his Majesties Subjects from the true service of Almighty God and the Religion established within this Realme to the Romish Religion and from their loyall obedience to his Majestie and have of late secretly perswaded divers Recusants and Papists and encouraged and imboldned them to commit most damnable Treasons tending to the overthrow of the whole State and Common Wealth if God of his goodnesse and mercy had not within few houres of the intended time of the execution thereof revealed and disclosed the same The Houses did further informe that some Jesuits and Priests had been executed in the time of Queen Elizabeth and King James of happy memory and when any of them have received mercy it was in such time and upon such circumstance as that the same might be extended unto them without dangers whereas now of late there hath been a great apprehension of endevours by some ill agents to subvert Religion and at this present both Kingdomes have a generall expectation of a through reformation And there is already found so ill a consequence of the the late reprieve of John Goodman the Priest that the House of Commons having sent to the Citizens of London for their assistance in the advancement of money for the present and necessary supply of his Majesties army and reliefe of the Northern Counties upon this occasion they have absolutely denyed to furnish the same and how far the like discontent may be effused into other parts of the Kingdom to the interruption of
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
price of moneys must rise and fall to fit their occasions we see this by raising the Exchange of Franckford and other places of their usuall time of the Marts This frequent and daily change in the Low-Countries of their moneys is no such injustice to any there as it would be here for there they being all Merchants or mechanicks they can rate accordingly their labour and their Ware whether it be Coyne or other merchandize to the present condition of their own money in Exchange And our English Merchants to whose profession it properly belongeth do so according to their just intrinsique valew of their forreign Coyn in all barter of commodities or Exchange except usance which we that are rated and tyed by the extrinsiques measure of moneys in all our constant reckonigs and annuall bargains at home cannot do And for us then to raise our Coyn at this time to equall their proportions were but to render our selves to a perpetuall incertainty for they will raise upon us daily them again which we of course shall follow else receive no profit by this present change and so destroy the Policie Justice honor and tranquilitie of our State for ever To the Right Honourable the Lord Deputy The â—â—mble and just Remonstrance of the Knights Cittizens and Burgesses in Parliament assembled SHewing that in all ages since the happy subjection of this Kingdome to the Imperiall Crowne of England it was and is a principall study and Princely care of his Majesty and his most noble Progenitors Kings and Queens of England and Ireland to the vast expence of treasure and blood That their loyall and dutifull people of this Land of Ireland beeing now for the most part derived from Brittish Ancestors should be governed according to the municipall and fundamentall Lawes of England That the statute of Magna Charta or the great Charter of the liberties of England and other laudable lawes and statutes were in severall Parliaments heere enacted and declared that by the means thereof of the most prudent benign government of his Majestie his Royall Progenitors this Kingdome was untill of late in its growth a flourishing estate whereby the said people were heretofore enabâ—ed to aâ—â—iver their humble and naturall desires to comply with his Majesties Princely and royall occasions by their free gift of 150. thousand pounds sterling and likewise by another free gift of 120. thousand pounds more during the government of the Lord Viscount Faulkland and after by the gift of 40. thousand pounds and their free and cheerefull gift of siâ—â— intire Subsidies in the tenth yeare of his Majesties Reignâ— which to comply with his Majesties then occasions signified to the then house of Commons they did allow should ammount in the Collections unto 2 hundred and fifty thousand pounds although as they confidently believe if the Subsidies had been levyed in a moderate Parliamentary way they would not have amounted to much more then halfe the sum aforesaid besides the foure intire Subsidies graunted in this present Parliament Soe it is may it please your Lordship by the occasion of insuing and other grievances and Innovations though to his Majesty no considerable profit this Kingdome is reduced to that extreame and universall poverty that the same is lesse able to pay 2 Subsidies then it was hertofore to satisfie all the before-recyted great payments his Majesties most faithfull people of the Land do conceive great fears that the said grievances and consequences thereof may be hereafter drawne into presidents to be perpetuated upon their posterity which in their great hopes and strong beliefe they are perswaded is contrary to his Royall and Princely intention towards his said people of which greivances are as followeth 1 First the generall apparant decay of Trades occasioned by the new and illegall raising of the booke of rates and impositions upon native and other Commodities exported and imported by reason whereof and of extreame usage and censures Merchants are beggered both and disinabled and discouraged to Trade and some of the honourable persons who gaine thereby often Iudges and parties And that in the conclusion his Majesties profit thereby is not considerably advanced 2. The arbitrary decision of all civill causes and controversies by paper petitions before the Lord Lieutenant and Lord Deputy and infinite other Iudicatories upon references from them derived in the nature of all actions determinable at the Common Law not limited into certaine time cause season or thing whatsoever And the consequences of such exceeding by immoderate and unlawfull fees by Secretaries Clarkes Pursivants Serjeants at Armes and otherwise by which kinde of proceedings his Majesty looseth a considerable part of his revenue upon originall writs and other wise and the Subject looseth the benefit of his writ of Error bill of reversall vouchees and other legall and just advantages and the ordinary course and Courts of Iustice declined 3. The proceedings in civill causes at Counsell board contrary to the Law and great Charter not limited to any certaine time or season 4 That the Subject is in all the materiall parts thereof denyed the benefit of the Princely graces and more especially of the statute of limitations of 21. of Iac. Graunted by his Majesty in the fourth yeare of his Raigne upon great advice of Counsell of England and Ireland and for great consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdome in open assizes whereby all persons doe take notice that contrary to his Majesties pious intentions his Subjects of this land have not enjoyed the benefit of his Majesties Princelie promise thereby made 5. The extrajudiciall avoyding of Letters Pattents of estates of a very great part of his Majesties subjects under the great Seale the publique faith of the Kingdome by private opinions delivered at the Counsell board without legall evictions of their estates contrary to the law and without president or example of any former age 6. The Proclamation for the sole emption and uttering of Tobacco which is bought at every low rates and uttered at high and excessive rates by meanes whereof thousands of families within this Kingdome and of his Majesties Subjects in severall Ilands and other parts of the West Indies as your Petitioners are informed are destroyed and the most part of the coyn of this Kingdome is ingross ed into particular hands Insomuch as the petitioners do conceive that the proffit arising and engrossed thereby doth surmount his Majestyes revenue certain or cosuall within this Kingdome and yet his Majesty receiveth but very little profit by the same 7. The universall and unlawfull increasing of Monopolies to the advantage of a few to the disprofit of his Majesty and Impoverishment of his people 8. The extream and cruell usage of certain late Commissioners and other stewards the Brittish Farmers and Inhabitants of the City and County of London Derry by meanes whereof the worthy Plantation of that Country is almost destroyed and the
Inhabitants are reduced to great poverty and many of them forced to forsake the Countrey the same beeing the first and most usefull Plantation in the large Province of that Ulster to the great weakning of the Kingdome in in this time of danger the said plantation being the principall strength of those parts 9. The late erection of the Court of high Commission for causes Ecclesiasticall in those necessitous times the proceedings of the said Court in many causes without legal warrant and yet so supported as prohibitions have not been obtained though legally sought for And the excessive fees exacted by the Ministers thereof and the encroaching of the same upon the jurisdiction of other Ecclesiasticall Courts of this Kingdome 10. The exorbitant fees and pretended Customes exacted by the Clergy against the Law some of which have been formerly represented to your Lordship 11. The Petitioners doe most heartily bemone that his Majesties service and profit are much more impaired then advanced by the grievances aforesaid the Subsidies graunted in the last Parliament having much increased his Majesties revenue by the buying of graunts and otherwise and that all his Majesties debts then due in this Kingdome were satisfied out of the said Subsidies and yet his Majesty is of late as the petitioners have been informed in the house of Commons become indepted in this Kingdome in great somes And they doe therefore humbly beseech that an exact accompt may bee sent to his Majesty how and in what manner his treasure issued 12. The Petitioners doe humbly conceive just and great feares at a Proclamation published in this Kingdome in Anno Domini 1635. Prohibiting men of quality or estates to depart this Kingdome into England without the Lord Deputies Licence wherein the Subjects of this Kingdome are hindered and interrupted from free accesse to addres to his sacred Majesty and privie Counsell of England to declare their just grievances or to obtaine remedies for them in such fort as their Ancestors have done in all ages since the Reigne of King Henry the second and great fees exacted for every of the said Licenses 13. That of late his Majesties late Atourney generall hath exhibited Informations against many Boroughs of this Kingdome into his Majesties Court of Exchequer to shew cause by what warrant the said Burgesses who heretofore sent Burgesses to the Parliament should send the Burgesses to the Parliament and thereupon for want of an answere the said priviledges of sending Burgesses was seised by the said Court which proceedings were altogether Coram non Iudice and contrary to the lawes and priviledges of the house of Parliament and if way should be given thereunto would tend to the subversion of Parliaments and by consequence to the ruine and destruction of the Common-wealth And that the house of Commons hath hitherto in this present Parliament been deprived of the advice and Counsell of many profitable and good members by means thereof 14. By the powerfulnesse of some Ministers of state in this Kingdome the Parliament in its members and actions hath not his naturall freedome 15. And lastly that the Gentry and Merchants and other his Majesties Subjects of this Kingdome are of late by the grievances and pressures before said other the like brought very neere to ruine and destruction And Farmers of Customes Customers Waiters Searchers Clarkes of unwarrantable proceedings Pursivants and Goalers and sundry others very much enriched whereby and by the slow redress of the petitioners his Majesties most faithfull and dutifull people of this Kingdome doe conceive great feares that their readinesse approved upon all occasions hath not beene of latere presented to his sacred Majesty For remedy whereof the said Petitioners doe humbly and of right beseech your Lordship that the said grievances and pressures may bee speedily redressed and if your Lordship shall not thinke fit to afford present reliefe that your Lordship might admit a select Committee of this house of Persons uninteressed in the benefit a rising of the aforesaid grievances to be licensed by your Lordship to repaire to his sacred Majesty in England for to pursue the same and to obtaine fitting remedy for their aforesaid and other just grievances and expressions and upon all just and honourable occasions they will without respect of particular interest or profit to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve his Majesty and comply with his royall and princely occasions And shal pray c. Mr. Secretarie Windebancks Charge in Parliament 7. December 1640. 1 SEventie fower Letters of grace to Recusants within this fowr yeares signed with his owne hands 2. Sixtie foure Priests discharged from the Gatehouse at Westminster within these 4. years and for the most part by him 3. Twenty nine discharged by a verball warrent from him 4. Awarrant to protect one Musket a condemned Priest and alâ— the houses he frequented 5. One committed by the Kings own hand and discharged by him without signifying the Kings pleasure 6. The Retition of the parish of St. Gyles in the fields to the King of the increase of Poperie and that 21. were turned by two Priests Mosse and Souther which being committed were suddenly discharged by Secretary Windebanck A message from the House of Commons to his Majesty 15. December 1640 Mr. Treasurer IS intreated from this house to acquaint his Majesty with the great care and affection of the house to advance and settle his Majesties Revenue and for that purpose we humbly desire his Majesty will give us leave to enter into debate of his revenue and his expence His Majesties answere thereto by Mr. Treasurer HIs Majesty being by me acquainted with the great care and affection of the house of Commons to advance and settle his Maiesties Revenew doth very graciously interpret the same and hath commanded me to give the House thankes for it in his name and his Majesty doth give the House free leave to enter into debate of his Revenews and Expences as is desired and hath given order that all his Officers and Ministers from time to time shall assist the House therein as there shall be occasion Vote concerning the Cannons in the House of Commons 15. Decem. 1640. THat the Clergy of England Convented in any Convocation or Synod or otherwise have no power to make any Constitutions Cannons or Acts whatsoever in matter of Doctrine or otherwise to bind the Clergy or Laity of this Land without the Commons consent of Parliament That the severall Constitutions and Cannons Ecclesiasticall Treated upon by the Arch-bishop of Canterbury and Yorke Presidents of the Convocation for the respective Provinces of Canterbury and Yorke and the rest of the Bishops and Clergy of these Provinces and agreed upon by the Kings Maiestics lycence in their several Synods began at London and York 1640. do not bind the Clergy or Laity of this Land or either of them An Order concerning Monopolers 19. November 1640. JT is ordered that upon
the question that all Projectors and Monopolizers whatsoever or that have had any share in any Monopolies or that doe receive or lately have received any benefit by any Monopolies or Patten or that have procured any warrant or command for the restraynt or molesting of any that have refused to conforme themselves to any Proclamation or project are disabled by order of this House and if any man have been known to have been a Monopolizer or Pattentee shall repaire to have beene a Monopolizer that he shall nominate him that ony member of this House that is a Monopolizer or Pattentee shall repayre to Mr. Speaker that a new warrant may issue forth or other wise that he be dealt with as a stranger that hath no power to sit here Order against Monopolies and Pattens 25. Nov. 1640. IT is this day ordered in the Commons House now assembled in Parliament that all Pattens and Grants of Monopolies that have been complained of in this house The Scottish Commissioners thanks to his Majesty 30. Decemb. 1640. WEE doe in the Name of the PARLIAMENT and whole Kingdome of Scotland acknowledge in all humility and thankfulnesse in granting our first demand beving fully assured that the Parliament will leave nothing undone that may serve for his Majesties honour the whole Kingdome is Testimony of their thankfulnesse will earnestly pray that God will graunt his Majesty a long and prosperous Reigne Adam Blaire The humble Declaration of the Master and Wardens of Vintners William Abel Alderman of London and the rest of the Court of Assistants of that Company how in what manner the said Company Farmers and Adventurers have proceeded in the Farmes of 40. shillings per tunne and wine Licence IN the yeare 1632. The Lord Weston beeing then high Treasurer of England sent for the Master and Wardens of the Company of Vintners and demanded of them the Vent and consumption of Wines one peny a quart which is 4 pound per tun which they utterly refused alleadging it would be the utter undoing of the retayling Vintners In Anno 1633. a Decree was made by the advice of the Judges of England in the Star-chamber That the Retaylers of wines might not sell or dresse Victuals in their houses which time out of mind they were accustomed to doe And this done without any information or bill or any called to defend or Iustifie their trade or usage of it In Anno 1634. his Majesty questioned the Vintners and Retaylers of Wine for the breach of the said Decree and drew 6000. pounds from the Vintners to be lent him And thereon his Majesty did by order give way to the Retaylers of Wines to dresse and sell Victuals till December then next following at which time his Majesty promised to settle it as he thought fit for him to signe and then to have the Vintners relying upon that Temporary Lycence and of his Majesties gracious Declaration continued to dresse meate beyond the tyme. In Anno 1635. The retaylors of Wines were again questioned for breach of the former Decree by his Majesty and the Lord Cottington then propounded to yeeld to pay somewhat on their vent of Wines to his Majesty which the Retayling Vintners utterly refused to doe In Anno 1636. many retaylors of Wynes were by information in Master Attourneys name questioned in Star-chamber for breach of the decree and so farre proceeded against as that they were served with Processe of that Court to hear judgment That things thus depending Sir Richard Kilvert repayred to Alderman Abell then Master of the Company beeing a meere stranger to Master Kilvert and told him his Majesty bid him command by warrant to prosecute the Vintners in the Star-chamber for selling above the price and breach of the Decree for dressing of meat and against the Merchants scopers and others Intimating further it was his Majesties pleasure that some of the Company of Vintners should attend the Right Honourable Marquis Hambleton concerning the same In October Anno 1637. at Vintners Hall London William Abell Alderman beeing then Mr. of that Company imparted to the Company that Master Richard Kilvert had been lately with him and acquainted him with the former passages At this court the company of vintners taking their busines into their serious considerations weighing how they might hazard the utter undoing of such as had transgressed the Decree if they should be brought to a sentence in Star-chamber made choyse and did intreate Alderman Abell then their master Edward Kinaston Robert Shawe Ralph Moore George Hubburt and Michaell Gardiner For the Committee to waite upon the said Lord Marques Hambleton by whom Master Killvert had intimated his Majesties pleasure should bee made knowne and to impart the same againe unto the Company That Alderman Abell and the rest did attend the Marquesse who told them that his Majesty had given him the Fines of all the Vintners to be imposed in Star-chamber but yet if the Vintners would condescend to pay his Majesty 4 pound a Tunne upon Consumption of wines he could forbeare the fines and all prosecutions should be stayed and himselfe would depend upon his Majesties favour in some other thing And after many attendances and severall reasons offered by them on the behalfe of the Company against paying any thing on the Consumption of Wines and not prevailing beeing then by the Lord Marquesse promised some advancing price and other priviledges and beeing advised by Counsell that wine beeing a forraygn Commodity his Majesty might prohibite the comming of it and impose what he pleased on it thereupon and upon the aforesaid threats and promises after the same was imparted and often debated by the Companie they submitted to the payment of 40. shillings per Tunne 4. pound beeing demanded And soon the 11. of Iune 1638. together with the French and Spanish Merchants they the said Company of Vintners contracted by Indenture Quadrupartite with his Majesty to pay him fourtie shillings per Tunne on all such wines as they bought and Vented and the Company of Vintners beeing enformed that the Farmers of his Majesties Customes and some particular Merchants of the Company of Coopers London moved and sued to his Majesty to farme the sayd Duties and the Company of Vintners well knowing what great hinderance it would bee to them if strangers should come in search their sellers know the particular of what they had bought and sould the Company to prevent many inconveniences desired rather to Farme the duty from his Majesty his Majestic declaring that he would not contract with a generality of company for the same but with some particular members The Company did desire Alderman Abell and nine others freemen of their Company to performe the contract with his Majesty for the same duty who tooke it to farme at 3000. Pounds Per Annum for eight yeares And it was agreed by the Company that the farmers should have no more share of profit and losse in the Farme then other brethren had which should be
work and businesse of this House of Commons which was never small or mean and now like to be exceeding weighty It is a learned age wherein we live under your Majesties most peacefull government and your House of Commons is not only the representative body but the abstracted quintessence of the whol Communalty of this your noble Realme I most humbly therefore beseech your Majestie as the father of the Commonwealth and hope of the whole nation to whom the care of all our welfares appertains to have respect to your own interest have regard to your House of Commons have compassion upon me the unworthiest member of that body ready to faint with fear before the burthen lights on me I have only a hearty affection to serve you and your people little abilities for performance In the fulnesse therefore of your Royall power your piety goodnesse be gratiously pleased to command the House of Commons to deliberate upon a better choice who may be worthy of their choosing and your Majesties acceptations My Lord Keeper having by his Majesties direction confirmed him as Speaker he addrest himselfe to his Majesty as followeth Most gratious Soveraigne My profession hath taught me that from the highest Judge there lies no writ of error no appeale what then remains but that I first beseech Almighty God the author and finisher of all good works to enable me to discharge honestly and effectually so great a taske so great a trust and in the next place humbly to acknowledge your Majesties favor Some enemies I might feare the common enemy of such services expectation and jealousy I am unworthy the former and I contemn the latter Time the touchstone of truth shall teach the babling world I am and will be found an equall freeman zealous to serve my Soveraign zealous to serve my dearest Country Monarchy Royall of all governments the most illustrious and excellent whether we regard the glory wealth or safety of the governours or people I hope none of this Nation are of Antimonarchicall spirits nor friends to such if there be I wish no greater honour to this Parliament then to discover them and to assist your Majesty to suppresse and confound them To behold your Majesty in peace and safety affords compleat joy to all Loyall Subjects who cannot but conclude with me in this desire Serus in caelum redeas diúque Laetus intersis Populo Britanno England is your seat of residency Scotland is your native place and herein hath the advantage Ireland imitates England by a great and quick progression in civility and conversation in improvement of the soile and plantation France is still attendant on your Royall stile A Kings Prerogative is as needfull as great without which he should want that Majesty which ought to be inseparable from his Crown nor can any danger result thereby to subjects liberties so long as both admit the temperament of Law and Justice specially under such a Prince who to your immortall Honor hath published this to the whole world for your maxime that the peoples liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the peoples liberties Apples of gold in pictures of silver Kings as Kings are never said to Erre only the best may be abused by misinformation this the highest point of Prerogative that the King can doe no wrong if then by the subtilty of misinformers by the specious false pretences of publique good by a cunning and close contrivance of their waies to seduce the Sacred Royall Person it be surprized and overwrought to command contrary to law and be executed accordingly these commands will be void and this King innocent even in his very person and the authors of such misinformations the actors of such abuses stand exposed to just censure having nothing to defend themselves but the colour of a void command made void by just Prerogative and the fundamentall reasons of state Touching justice there is not a more certain signe of an upright Judge then by his patience to be well informed before sentence given and I may boldly say all the Judges in your Kingdome may take example by your Majesty and learn their duties by your practise my selfe have often been a witnesse thereof to my no little admiration From your patience please you give me leave to presse to your righteous judgement and exemplifie it but in one instance When your Lords and people in your last Parliament presented your Majesty a Petition concerning their rights and liberties the Petition being of no small weight your Majesty after mature deliberation in few but most effectuall words soit droict faict come est desire made such an answer as shall renown you for just Judgement to all posterity Let us heartily pray that this Parliament may be famous for the advancement of Sacred Religion and to that end that the most Reverend Prelates sitting on the right hand of your Kingly side be most forward therein to whom it is most proper That the Nobles girt with their swords in their creation and most especially rewarded and honored for actions military call to minde the most renowned Acts of their Ancestors whose lands and honours they inherite and how renowned this Land hath been through the whole World for Art and Armes and labor to restore it to its ancient splendor The best way to preserve peace is to be well fitted for War But were this Nation never so valiant or wealthy if Unity be not among us what good will riches doe us or your Majesty but inrich the conqueror he that commands all hearts by love he onely commands assuredly greatnesse without goodnesse can at best but command bodies It shall therefore be my hearty prayer That such a knot of love may be knit betwixt the Head and members that like Gordius knot it never be loosed That all Jesuited forrain States who look asquint upon our Hierusalem may see themselves defeated of all their subtill plots and combinations of all their wicked hopes and expectations to render us if their mischiefe might take effect a people inconsiderable at home and contemptible abroad Religion hath taught us Si Deus nobiscum quis contra nos and experience I trust will teach us Si sumus inseparabiles sumus insuperabiles It was found and I hope it still shall and will be the Tenet of the House of Commons That the King and peoples good cannot be severed And cursed be every one that goes about to divide them Secretarie Windebankes Letter to my Lord Chamberlain from Callis January 11. MY Lord I ow my selfe to your Lordship for your late favors and therefore much more the account of my self though the debt in either respect be of little consideration and the calling of both may be of greater advantage to you then to continue be Obligation This account had been presented to your Lordship at my first arrivall here with my first dispatches but I was so mortified with my hazardous passage in an open shallop
gentler and kinder to us then the Law speciall provision is made no fine no punishment shall be lesse then by the law is appointed by no means but as much greater as your discretion shall think sit and indeed in this improvement we find Arbitrary Courts are very pregnant if the Law require my good behaviour this discretion makes me close Prisoner if the Law sets me upon the Pillory this discretion appoints me to leave my cares there But this proceeding according to discretion is no new expression 't was in the first Commission I told your Lordships of in the 31. Hen. 8. that they should proceed secundum legem consuetudinem Regni Angliae vel aliter secundum sanos discretiones vestras which in the interpretation of the Law and that is the best interpretation signifies the same thing to proceed according to discretion is to proceed according to Law which is summa discretio but not according to their private conceit or affection For talis discretio saies the law discretionem confundit and such a confusion hath this discretion in these Instructions produced as if discretion were onely removed from rage and fury no inconvenience no mischiefe no disgrace that the malice or insolence or curiosity of these Commissioners had a minde to bring upon that people but through the latitude and power of this discretion the poore people have felt this discretion hath been the quickesand which hath swallowed up their property their liberty I beseech your Lordships rescue them from this discretion Besides the charge that this Court is to his Majesty which is neer 1300. l. per annum your Lorâ—ships will easily guesse what an unsupportable burthen the many officers whose places are of great value the Atturnies Clarks Registers and above 1000. Sollicitors that attend the Courts must be to that people insomuch that in truth the Country seems to be divided into officers and dependants upon that Court And the people upon whom these officers of that Court prey and commit rapines as he said in Petronius Omnes hic aut captantur aut captant aut cadavere quae laterentur aut corni quae laterunt Truly my Lords these vexed worn-people of the North are not sutors to your Lordships to regulate this Court or to reform the judges of it but for extirpating these Judges and the utter abolishing this Court they are of Catoes minde who would not submit to Caesar for his life saying he would not be beholding to a Tyrant for injustice for it was injustice in him to take upon him to save a mans life over whom he had no power So these Gentlemen desire not to be beholding to this Court hereafter for injustice The very administration of injustice founded upon such illegall principles being a grievance and oppression to the subject First upon the whol matter the House of Commons is of opinion that the Commission and Instructions whereby the President and Councell of the North exercise a Jurisdiction is illegall both in the creation and execution Secondly that it is improfitable to his Majesty for besides so much neer thirteen hundred pound taken out of his Majesties revenues every year his Majesty loseth the great benefit would accrew to him upon writs and upon Fines upon Out-laws and other profits which redound to his Majesty out of his Court here And which I had almost forgot to tell your Lordships of that his Majesty may be sure to have benefit from that Court notable care is taken by the fiftty three Instructions And if any money remaines over and above all disbursements it shall be bestowed in providing Houshold-stuffe and furniture for the house where the Lord President and Councell use to be And lastly that it is inconvenient and grievous to His Majesties subjects of those parts And therefore they are humble Sutors to your Lordships and the house of Commons on this behalfe that since this people doe and have in all matters of duty and affection contend with the best of His Majesties subjects that they may not be distinguished from them in the manner of His Majesties Justice and protection since this Court originally instituted continued by his Majesty for the ease and benefit of his subjects is apparently inverted to the burthen and discomfort of them that your Lordships will joyn with the House of Commons in beseeching His Majesty that the present Commission may be revoked and no more such granted for the future A Speech of Master John White Counsellour concerning Episcopacy EPiscopacy as it stands in this kingdom comprehends in it in linea recta these foure degrees the Deacon the Presbyter the Bishop and the Archbishop Every Archbishop wades through every of these ordinarily Of the first and last we have no vestigium in the holy scriptures This Deacon may Preach and Baptize help the Presbyter to administer the Lords Supper Book of ordering of Deacons but may not consecrate the Elements in the Lords Supper contrary to the Scriptures by which Preach and Baptize is a full Commission for the exercise of all the ministeriall function Mat. 28.19 The Deacon mentioned in holy Scripture is the same in Office with our Church-warden to looke to the Church goods and the poore Acts 6. 1 Tim. 3. The Presbyter is of all hands acknowledged to be Jure Divino The Bishop is considerable in respect of his trayn and secondly in respect of himself His trayn are these first the Dean and Chapter called Prebends quia praeherent auxilium Episcopo and were originally ordained for his Counsell to advise him in difficulties in Religion and to advise him in and consent unto his dispositions of his possessions Cok. r. 3. Dean and Chapter of Norwiches case Secondly the Archdeacon is the oculus Episcopi to discover and punish offences spirituall and Ecclesiasticall within his limits manus Episcopi to present unto him such as are to be made Deacons and Presbyters and to induct such as he admits and institutes into Benefices Thirdly his Chancellors Vicars Generall Commissaries Officials Surrogates Registers Promotors and others belonging to his Cathedrals These be all meerly humane and may be taken away without offence to God or conscience if there appeare just cause for it The Bishop in respect of himselfe is considerable in his Barony and temporalties and his spiritualties The first is meerly Exgratia Regis and in this kingdome began 4. of William the Conquerour Case of tenures 35. a. And by vertue hereof they have had place in the house of Peers in Parliament 7. H. 8.1846 Kel it is resolved by all the Judges of England that the King may hold his Parliament by himselfe his temporall Lords and Commons without any Bishop for a Bishop hath not any place in Parliament by reason of his spiritualties but meerly by reason of his Baronry and accordingly acts of Parliament have been made 2 Rich. 3. cap. 3. and at divers other times They have usurped the name of Spirituall Lords
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for