else Projects and Monopolies are but leaking Conduit-pipes The Exchequer it selfe at the full st is but a Custome and now a broken one frequent Parliaments onely are the Fountaine And I doe not doubt but in this Parliament as wee shall bee free in our advises so shall wee be the more free of our purses that his Majestie may experimentally finde the reall difference of bâ—tter Counsells the true solid grounds of raising and establishing his Greatnesse never to be brought againe by Gods blessingâ— to such dangerous such desperate perplexities Mr. Speaker I confesse I have now gone in a way much against my Nature and somewhat against my Custome heretofâ—re used in this place But the deplorable dismall condition both of Church and State have so far wrought upon my judgement as it hath convinced my disposition yet am I not Vir Sanguinum I love no mans ruine I thanke God I neither hate any mans person nor envie any mans fortune onely I am zealous of a thorow Reformation in a time that exacts that extorts it Which I humbly beseâ—ch this House may bee done with as much lenity as much moderation as the publick safety of the King and Kingdome can possibly admit Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker IT will become us thankfully to acknowledge the prudent and painfull endeavours of my Lords the Peeres Commissioners intreating with the Scots in mediating with the King whereby God assisting wee are now probably drawing neare to a blessed peace His Majesty in his Wisedome and Goodnesse is graciously pleased to give his royall assent to their Acts of Parliament wherein the Articles of their Assembly are likewise included Insomuch as their Religion their Lawes their Liberties are ratified and established Besides their Grievances reliev'd and redress'd For which Wee use to give the King Money and are still ready to doe it This although it be a large yet it is not received as a full satisfaction Besides when They came into England they published in a Remonstrance That they would take nothing of the English but what they would pay for or give security We have defrayed them hitherto and are provided to doe it longer They did well remember that we assisted them in the time of their Reformation And it is not to be forgotten that we did beare our owne charges Concerning mutuall Restitution of Ships and Goods My Lords the Commissioners have very fairely and discreetly accommodated that particular already As for inferentiall consequentiall dammages such a Representation would but minister unacceptable matter of Difference and Contestation which amongst friends ought to be warily and wisely avoyded We could alleadge and truely too That Northumberland New-Castle and the Bishoprick will not recover their former state these twenty yeares Wee have heard it spoken here in this house by an understanding knowing member in the particular that the Coale-Mines of New-Castle will not bee set right againe for out hundred thousand pounds besides the over-price of Coâ—les which all the while it hath and will cast this City and 〈◊〉 parts of the Kingdome A great â—â—ale more of this nature might be rehearsed but I delight not to presse such renter stretched Arguments Let us on both sides rather thanke God by proceeding in the way he hath â—â—â—d before us and not wry his way to ours Time and his Blessing will repaire all our implicit Dammages with many prosperous explicite advantages They say that they doe not make any formall demand But they doe make a summe to appeare five hundred and foureteene thousand pounds more than 〈◊〉 gave the King at once Aportentous Apparition which shewes it selfe in a very dry time when the Kings revenue is totally exhausted his Debts excessively multiplied the Kingdom generally impoverished by grievous burthens and disordered Courses All this supply is to be drawne out of us onely without the least helpe from any of his Majesties other Dominions which to my seeming will be an utter draining of the people unlesse England bee Puteus inexhaustus as the Popes were wont to call it Notwithstanding Sir now that I have in part opened the state we are in though nothing so exactly as they have done theirs I shall most willingly and heartily affoord the Scots whatsoever is just Equitable and Honourable even to a convenient considerable round summe of Money towards their losses and expences That we may goe off with a friendly and handsome loos If they reject it we shall improve our Cause It was never yet thought Mr. Speaker any great wisedome over-much to trust a successeful Sword A man that walkes upon a rising ground the further he goes the larger is his Prospect Successe inlarges mens desires extends their ambition it breeds thoughts in them they never thought before This is naturall and usuall But the Scots being truely touched with Religion according to their profession that onely is able to make them keep their word for Religion is stronger and wiser than Reason or Reason of State Beyond all this Mr. Speaker the remarkable Traces of Gods wonderfull Providence in this strange worke are so many so apparant as I cannot but hope almost to beliefe That the same all-governing mercifull hand will conduct and lead us to a happy Conclusion will contract a closeâ— firmer union between the two Nations than any meere humane Policy could ever have effected which inestimable Ben fits to both in advancing the truth of Religion in exalting the greatnesse of the King in securing the peace of his Kingdomes against all Malicious Envious Ambitious opposites to Religion to the King to his Kingdomes wherein I presume all our desires and prayers doe meet Another Speech of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker J Doe verily believe that there are many of the Clergie in our Church who doe think the simplicity of the Gospell too mean a vocation for them to serve in They must have a specious pompous sumptuous Religion with additionalls of Temporall greatnesse Authority Negotiation Notwithstanding they all know better than I what Fathers Schoolemen Councells are against their mixing themselves in secular affaires This Roman Ambition will at length bring in the Roman Religion and at last a haughty insolence even against supreame power it selfe if it bee not timely and wisely preâ—â—nted They have amongst them an Apothegm of their owne making which is No Miter no Scepter when wee know by deare experience that if the Mitre be once in danger they care not to throw the Scepter after to confound the whole Kingdome for their interest And Histories will tell us that whensoever the Clergie went high Monarchy still went lower If they could not make the Monarch the head of their owne Faction they would be sure to make him lesse witnesse one example for all The Popes working the Emperour out of Italy Some of ours as soone as they are Bishops adepto fine cessant Motus They will preach no longer
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
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
unsuccessefull Warres abroad sometimes the absence of the Prince sometimes Competitions of Titles to the Crowne somtimes perhaps the vices of the King himselfe But let us but rightly weigh and consider the posture the aspect of this state both toward it selfe and the rest of the world the person of our Soveraigne and the nature of our suffering since the third of his Reigne And there can be no cause coulorable inventible wherunto to attribute them but the intermission or which is worse the undue frustration of Parliament by the unluckly use if not abuse of Prerogative in the dissolving them Take in your view Gentlemen a State in a state of the greatest quiet and security that can be fancied not only in joyning the calmest peace it selfe but to improve and secure its happy condition all the rest of the world at the same time in Tempest in Combustions in uncomposable Warres Take into your view Sir a King Soveraigne to three Kingdomes by a Concentring of all the Royall lines in his Person as undisputably as any Mathematical ones in Euclide A King firme and knowing in his Religion eminent in vertue A King that had in his owne time given all the Rights and Liberties of his Subjects a more cleare and ample confirmation freely and graciously then any of his Predecessors when the people had them at advantage extortedly I meane in the Petition of Right This is one Mappe of England Mr. Speaker A man Sir that should present unto you now a Kingdome groaning under that supreme Law which Salus populi periclitata would enact The liberty the property of the Subject fundamentally subverted ravisht away by the violence of a pretended necessity a triple Crown shaking with distempers men of the best conscience ready to fly into the wildernesse for Religion Would not one sweare that this were the Antipodes to the other yet let me tell you Mr. Speaker this is a Mappe of England too and both at the same time true As it cannot bee denyed Mr. Speaker that since the Conquest there hath not been in this Kingdome a fuller concurrance of all circumstances in the former Caracter to have made a Kingdom happy then for these 12. yeares last past so it is most certaine that there hath not beene in all that deduction of ages such a Conspiracie if one may so say of all the Elements of mischiefe thein second Character to bring a flourishing Kingdom if it were possible to swift ruine and desolation I will be bold to say Mr. Speaker and I thanke God wee have so good a King under whom wee may speake boldly of the abuse by ill Ministers without reflection upon his person That an Accumulation of all the publike Grievances since Magna Carta one upon another unto that houre in which the Petition of Right past into an act of Parliament would not amount to so oppressive I am sure not to so destructive a height and magnitude to the rights and property of the Subject as one branch of our beslaving since the Petition of Right The branch I mean is the judgment concerning ship-money This beeing a true representation of England in both aspects Let him Mr. Speaker that for the unmatcht oppression and enthralling of free Subjects in a time of the best Kings raigne and in memory of the best lawes enacted in favour of Subjects liberty can find a truer Cause then the ruptures and intermission of Parliaments Let him and him alone be against the setling of this inevitable way for the frequent holding of them 'T is true Sir wicked Ministers have beene the proximate causes of our miseries but the want of Parliaments the primary the efficient Cause Ill Ministers have made ill times but that Sir hath made ill Ministers I have read among the Lawes of the Athenians a form of recourse in their Oaths and vows of greatest most publique concernment of a three-fold Deity Supplicium Exauditori Purgatori Malorum depulsori I doubt not but we here assembled for the Common-wealth in this Parliament shall meet with all these Attributes in our Soveraigne I make no question but he will graciously heare our Supplications purge away our Grievances and expell Malefactors that is remove ill Ministers and put good in their places No lesse can be expected from his wisdome and goodnesse But let me tell you Mr. Speaker if we partake not of one Attribute more in him if we addresse not our selves unto that I meane Bonorum Conservatori we can have no solid no durable Comfort in all the rest Let his Majesty heare our Complaint never so Compassionately Let him purge away our Grievances never so efficaciously Let him punish and dispell ill Ministers never so exemplarily Let him make choyce of good ones never so exactly If there be not a way setled to preserve and keepe them good the mischiefes and they will all grow again like Sampsons Locks and pull downe the House upon our heads Beleeve it M. Speaker they will It hath been a Maxime amongst the wisest Legislators that whosoever meanes to settle good Lawes must proceed in them with a sinister opinion of all Mankinde and suppose that whosoever is not wicked it is for want only of the opportunity It is that opportunity of being ill Mr. Speaker that wee must take away if ever wee meane to be happy which can never be done but by the frequencie of Parliaments No state can wisely be confident of any publique Ministers continuing good longer then the rod is over him Let me appeale to all those that were present in this House at the agitation of the Petition of Right And let them tell themselves truly of whose promotion to the management of affaires doe they thinke the generality would at that time have had better hopes then of Mr. Noy and Sir Thomas Wentworth both having beene at that time and in that businesse as I have heard most keen and active Patriots and the latter of them to the eternall aggravation of his Infamous treachery to the Common-wealth be it spoken the first mover and insister to have this clause added to the Petition of Right that for the comfort and safety of his Subjects his Majesty would be pleased to declare his will and pleasure that all his Ministers should serve him according to the Lawes and Statutes of the Realme And yet Mr. Speaker to whom now can all the inundations upon our liberties under pretence of Law and the late shipwrack at once of all our property be attributed more then to Noy and those and all other mischiefes whereby this Monarchie hath beene brought almost to the brinke of destruction so much to any as to that Grand Apostate to the Common-wealth the now Lieutenant of Ireland The first I hope God hath forgiven in the other world and the latter must not hope to be pardoned in this till he be dispatcht to the other Let every man but consider those men as once they were The excellent Law for the
security of the Subject enacted immediately before their comming to employment in the contriving whereof themselves were principall Actors The goodnesse and vertue of the King they served and yet the high and publique oppressions that in his time they have wrought And surely there is no man but will conclude with me that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times so the frequency of them is the sole Catholicke Antidote that can preserve and secure the future from the like danger Mr. Speaker let me yet draw my Discourse a little nearer to his Majesty himselfe and tell you that the frequency of Parliament is most essentially necessary to the power the security the glory of the King There are two wayes Mr. Speaker of powerfull Rule eyther by Feare or Love but one of happy and safe Rule that is by Love that Firmissinum Imperium quo obedientes gaâ—dent To which Camillus advised the Romans Let a Prince consider what it is that mooves a people principally to affection and dearnesse towards their Soveraigne He shall see that there needs no other Artifice in it then to let them injoy unmolested what belongs unto them of right If that have beene invaded and violated in any kind whereby affections are alienated the next consideration for a wise Prince that would be happy is how to regaine them To which three things are equally necessary 1. Re-instating them in their former Libertie 2. Revenging them of the Authors of those violations 3. And securing them from Apprehensions of the like againe The first God be thanked wee are in a good way of The second in warme pursuit of But the third as essentiall as all the rest till we be certain of a Trienniall Parliament at the least I professe I can have but cold hopes of I beseech you then Gentlemen since that security for the future is so necessary to that blessed union of affections and this Bill so necessary to that security Let us not be so wanting to our selves let us not be so wanting to our Soveraigne as to forbeare to offer unto him this powerfull this everlasting Philter to Charme unto him the hearts of his people whose vertue can never evaporate There is no man M. Speaker so secure of anothers friendship but will thinke frequent intercourse and accesse very requisite to the support to the confirmation of it Especially if ill offices have beene done betweene them if the raysing of jealousies hath beene attempted There is no Friend but would be impatient to be debarred from giving his friend succour and reliefe in his necessities Mr. Speaker permit mee the comparison of great things with little what friendship what union can there be so comfortable so happy as betweene a gracious Soveraigne and his people and what greater misfortune can there bee to both then for them to bee kept from entercourse from the meanes of clearing mis understandings from interchange of mutuall benefits The people of England Sir cannot open their Eares their Hearts their Mouthes nor their Purses to his Majesty but in Parliament We can neyther heare Him nor Complaine nor acknowledge nor give but there This Bill Sir is the sole Key that can open the way to a frequency of those reciprocall indearments which must make and perpetuate the happinesse of the King and Kingdome Let no man object any derogation from the Kings Prerogative by it Wee doe but present the Bill 't is to be made a Law by him his Honour his Power will be as conspicuous in commanding at once that Parliament shall assemble every third yeare as in commanding a Parliament to be called this or that yeare there is more of his Majesty in ordayning primary and Vniversall Causes then in the actuaâ—ing particularly of subordinate effects I doubt not but that glorious King Edward the Third when he made those Lawes for the yearely Calling of Parliament did it with a right sence of his dignity and honour The truth is Sir the Kings of England are never in their Glory in their Splendour in their Majesticke Soveraignty but in Parliaments Where is the power of imposing Taxes Where is the power of restoring from incapacities Where is the legislative Authority Marry in the King Mr. Speaker But how In the King circled in fortified and evirtuated by his Parliament The King out of Parliament hath a limitted a circumscribed jurisdiction But waited on by his Parliament no Monarch of the East is so absolute in dispelling Grievances Mr. Speaker in chasing ill Ministers we doe but dissipate Clouds that may gather againe but in voting this Bill we shall contribute as much as in us lyes to the perpetuating our Sunne our Soveraigne in his verticall in his Noone day lustre A Speech of the Honourable NATHANAEL FIENNES In the House of Commons the 9. of Febr. 1640. Mr. Speaker TWO things have fallen into debate this day The first concerning the Londoners Petition whether it should bee committed or no. The other concerning the government of the Church by Arch-bishops Bishops c. whether it should bee countenanced or no. For the first I doe not understand by any thing that I have yet heard why the Londoners Petition should not be committed or countenanced The exceptions that are taken against it are from the irregularities of the delivery of it and from the Subject matter contained in it For the first it is alledged that the long taile of this blazing starre is ominous and that such a number of Petitioners and such a number that brought the Petition to the House was irregular Hereunto I answer that the fault was either in the multitude of the Petitioners or in their carriages and demeanours if a multitude finde themselves agrieved why it should be a fault in them to expresse their grievances more than in one or a few I cannot see nay to me it seemes rather a reason that their Petitions should be committed and taken into serious consideration for thereby they may receive satisfaction though all bee not granted that they desire But if wee shall throw their Petition behind the door and refuse to consider it that it may seeme an act of will in us And whether an act of will in us may not produce an act of will in the people I leave it to your consideration Sure I am acts of will are more dangerous there than here because usually they are more tumultuous All Lawes are made principally for the quiet and peace of a Kingdome and a Law may be of such indifferent nature many times that it is a good reason to alter it onely because a great number desires it if there were nothing else in it and therefore I doe not see that the number of Petitioners is any good reason why it should not bee committed but rather the contrary Now for their carriage there came indeed three or foure hundred of the 15000 some of the better sort of them
under great penalties forbid all Parsons Vicars Curates Readers in Divinity c. to speake any other wayes of them then as they had defined by which meanes having seized upon all the Conduites whereby knowledge is convayed to the people how easie would it bee for them in time to undermine the Kings Prerogative and to suppresse the subjects liberty or both And now Sir I beseech you to consider how they have defined this high and great poynt they have dealt with us in matter of Divinity as the Judges had done before in matter of Law they first tooke upon them to determine a matter that belonged not to their Judicature but onely to the Parliament and after by their judgement they overthrew our propriety and just so have these Divines dealt with us they tell us that Kings are an Ordinance of God of Divine Right and founded in the prime Lawes of Nature from whence it will follow that all other formes of government as Aristocracies and Democracies are wicked formes of government contrary to the Ordinance of God and the Prime Lawes of Nature which is such new Divinitie as never read in any Booke but in this new Booke of Canons Mr. Speaker We all know that Kings and States and Iudges and all Magistrates are the Ordinances of God but Sir give mee leave to say they were the Ordinances of men before they were the Ordinances of God I know I am upon a great and high poynt but I speake by as great and as high a warrant if St. Peters chaire cannot erre as St. Peters Epistles cannot thus he teacheth us Submit your selfe to-every Ordinance of man for the Lords sake whether it bee to the King as supreame or to the Governour as to him that is sent by him c. Sir It is worthy noting that they are Ordinances of men but that they are to be submitted unto for the Lords sake and truely their power is as just and their subjects allegeance as due unto them though we suppose them to bee first ordinances of men and then confirmed and established by Gods Ordinance as if wee suppose them to bee immediate Ordinances of God and so received by men But there was somewhat in it that these Divines aimed at I suppose it was this If Kings were of Divine Right as the Office of a Pastor in the Church or founded in the prime Lawes of Nature as the power of a Father in a Family then it would certainly follow that they should receive the fashion and manner of their government onely from the Prescript of Gods Word or of the Lawes of Nature and consequently if there bee no Text neither of the Old nor New Testament nor yet any Law of Nature that Kings may not make Lawes without Parliaments they may make Lawes without Parliaments and if neither in the Scripture nor in the Law of Nature Kings be forbidden to lay taxes or any kind of impositions upon their people without consent in Parliament they may doe it out of Parliament and that this was their meaning they expresse it after in plaine termes for they say that Subsidies and taxes and all manner of ayds are due unto Kings by the Law of God and of Nature Sir if they bee due by the Law of God and of Nature they are due though there be no act of Parliament for them nay Sir if they bee due by such a right a hundred acts of Parliaments cannot take them away or make them undue And Sir that they meant it of Subsidies and aids taken without consent in Parliament is clearely that addition that they subjoyne unto it that this doth not take away from the Subject the propriety hee hath in his goods for had they spoken of Subsidies and aydes given by consent in Parliament this would have been a very ridiculous addition for who ever made any question whether the giving Subsidies in Parliament did take away from the Subject the propriety hee hath in his goods when as it doth evidently imply they have a propriety in their goods for they could not give unlesse they had something to give but because that was alledged as a chiefe reason against Ship-mens and other such illegall payments levied upon the people without their consent in Parliament that it did deprive them of their right of propriety which they have in their goods these Divines would seem to make some answer thereunto but in truth their answer is nothing else but the bare assertion of a contradiction and it is an easie thing to say a contradiction but impossible to reconcile it for certainely if it bee a true rule as it is most true quod meum est sine consensu meo non potest fieri alienum to take my goods without my consent must needes destroy my propriety Another thing in this first Canon wherein they have assumed unto themselves a Parliamentarie power is in that they take upon them to define what is Treason besides what is determined in the statute of Treasons They say to set up any coactive independent power is treasonable both against God and the King the question is not whether it bee true they say or no but whether they have power to say what is Treason and what not But now Sir that I am upon this point I would gladly know what kinde of power that is which is exercised by Arch-Bishops Bishops Deanes Arch-Deacons c. Coactive certainely it is all the Kingdome feeles the lash thereof and it must needs bee independant if it be jure Divine as they hold it for they doe not meane by an independant power such a power as doth not depend on GOD. Besides if their power be dependant of whom is it dependant not of the King for the Law acknowledgeth no way whereby Ecclesiasticall jurisdiction can bee derived from his Majestie but by his Commission under the great-Scale which as I am informed they have not I speake not of the High Commission but of that jurisdiction which they exercise in their Archiepiscopall Episcopall Archidaconall Courts c. and therefore if their owne sentence bee just wee know what they are and what they have pronounced against themselves But Sir it were worth knowing what they aimed at in that independent coactive power which they terme popular I will not take upon me to unfold their meaning but wee know Doctor Beale had a hand in the making of these Canons and if wee apply his Paraphrase to the Text it may give us some clearenesse I remember amongst other notes of his this was one that he did acknowledge the Kings Supremacy but would joyne unto him an assistant viz. the people meaning this House which being the representative body of the COMMONS of England and claiming as it is so a share in the Legislative power Doctor Beale calleth this a joyning of an assistant to the King in whom soly hee placeth the power of making Lawes and that it is but of grace that he assumeth either the Lords or Commons
fully planted in this Kingdome againe and so they are encouraged to persist therein and to practice the same openly in divers places to the high dishonour of God and contrary to the Lawes of the Realme II. Secondly the discouragement and destruction of all good Subjects of whom all Multitudes both Ciothiers Marchants and others being deprived of their Ministers and overburthen'd with these pressures have departed the Kingdome to Holland and other parts and have drawn with them a great part of manufacture of Cloth and Trading out of the Land into other places where they reside whereby Wooll the great staple of the Kingdome is become of small value and vends not Trading is decayed many poore people want work Sea-men lose imployment and the whole Land much impoverished to the great dishonour of this Kingdome and blemishment to the government thereof III. The present warres and Commotions happened betweene his Majesty and his Subjects of Scotland wherein his Majesty and all his Kingdome are indangered and suffer greatly and are like to become a prey to the common Enemy in case the warres goe on which we exceedingly feare will not onely goe on but also encrease to an utter Ruine of all unlesse the Prelates with their dependancies be removed out of England and also they and their practices who as we under your Honours favour doe verily beleeve and conceive have occasioned the Quarrell All which wee humbly referre to the consideration of this Honourable Assembly desiring the Lord of Heaven to direct you in the right way to redresse all these evills FINIS The Resolution of the House of Commons touching the six Demands of the Scots for restitution of their Losses and Dammages THis House thinks fit that a friendly Assistance and reliefe be given towards supply of the losses and necessities of the Scots and in due time this House wil take consideration both of the manner and measure of it The Scottish Commissioners Answer to the resolution of the Parliament AS wee doe with all thankfulnesse receive the friendly and kindly resolution of the Parliament concerning our Demands wee doe therein acknowledge your Lordships noble dealing for which we may assure that the whole Kingdome of Scotland will at all occasions expresse themselves on all respect and kindnesse so doe we entreat your Lordships to present unto the Parliament our earnest desire that they may be pleased howsoever their conveniencie may serve to consider of the proportion wishing still that as wee expect from our friends the testimonies of their kindnesse friendly Assistance so the Justice of the Parliament may be declared in making the burthen more sensible to the Prelates and Papists our Enemies and Authors of all our evills then to others who never have wronged us which will not onely give unto us and the whole Kingdome of Scotland the greater satisfaction but will also as wee can conceive conduce much to the honour of the Kings Majestie and Parliament Wee doe also expect that your Lordships will be pleased to report unto us the Answer of the Parliament that wee may in this as in the former Articles give Account to those who sent us The Peeres Demands upon the aforesaid Answer VVEe desire to understand since as we conceive the particulars are like to require much time whether we may not from you let the Parliament know that whilest they are debating of the proportion and the wayes how they finde assistance may be raised you will proceed to the agreeing to the Articles of a firme and durable peace that thereby both time may be saved and both sides proceed mutually with the more cheerefulnesse and alacrity The Scottish Commissioners Answer to the Peeres Demands AS wee desire a firme Peace so is it our desire that this Peace may be with all mutuall Alacrity speedily concluded and therefore let 's entreat you all to shew the Parliament from us that how soon they shall be pleased to make the proportion knowne to us that wee may satisfie the expectation of those who have instructed us which wee doe conceive may be done in a short time since they are already acquainted with all the particulars of our Demands wee shall stay no longer upon the manner and wayes of raising the assistance which may require a longer time and yet we trust it will be with such conveniencie as may serve for our two moneths reliefe but remitting the manner and wayes to the oportunity of the Parliament shall most willingly proceed to the considerations of the following Articles especially to that which wee most of all desire a firme and setled Peace 26. Ian. 1640. FINIS Articles of the House of Commons in Parliament against Secretary WINDEBANKE INprimis Seventy foure Letters of grace to Recusants within this foure yeares signed with Secretary Windebankes owne hand 2 Sixty foure Priests in the Gate-house within this foure yeares discharged for the most part by Secretary Windebanke 3 Twenty nine discharged by a verball warrant of Secretarie Windebanke 4 A warrant to protect one Muffon a condemned Priest and all the houses he frequented 5 One committed by the Kings owne hand and discharged by Secretarie Windebanke without signification of the Kings pleasure therein 6 A Petition of Saint Giles in the Fields neere London to the King of the encrease of Popery in their Parish wherein twenty one persons were seduced and turned by two Priests the which Priests were both discharged by Secretary Windebanke Die Lunae 21. Decembris 1640. A Speech made by John Lord Finch Lord Keeper of the great Seale of England in the Commons house of Parliament Master Speaker I Do first present my most humble thanks to this Honourable Assembly for this favour vouchsafed me in granting me admittance to their presence and doe humbly beseech them to beleeve it is no desire to preserve my selfe or my fortune but to deserve the good opinions of those that have drawne mee hither I do professe in the presence of him that knoweth all hearts that I had rather go from dore to dore and crave Da obulum Belizario c. with the good opinion of this Assembly then live and enjoy all the honours and fortunes I am capable of I doe not come hither with an intention to justifie my words my actions or my opinions but to make a plaine and cleare narration for my selfe and then humbly to submit to the wisedome and justice of this House my selfe and all that concernes me I doe well understand Master Speaker with what disadvantage any man can speake in his owne cause and if I could have told how to have transmitted my thoughts and actions by a clearer representation of another I doe so much defie my owne judgement in working and my wayes in expressing that I should have beene a most humble suiter another might have done it But this House wil not take words but with cleare and ingennous dealing and therefore I shall beseech them to think I come not hither with a set or
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
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
is who not only gave away with his breath what our Ancestors had purchased for us by so large an expence of their time their care their treasure and their blood and imployed their industry as great as his injustice to perswade others to joyne with him in that deed of gift but strove to root up those liberties which they had cut downe and to make our grievances immortall and our slavery irreparable lest any part of our posterity might want occasion to curse him He declared that power to be so inherent to the Crowne as that it was not in the power even of Parliaments to divide them I have heard Mr. Speaker and I thinke here that common Fame is ground enough for this House to accuse upon And then undoubtedly enough to be accused upon in this House She hath reported this so generally that I expect not that you should bid me name him whom you all know nor doe I looke to tell you newes when I tell you it is my Lord Keeper But this I think sit to put you in minde That his place admits him to his Majestie and trusts him with his Majesties conscience and how pernicious every moment whilst one gives him means to infuse such unjust opinions of this House as are exprest in a Libell rather then a Declaration of which many believe him to be the principall Secretary and th' other puts the vaste and most unlimited power of the Chauncery into his hands the safest of which will be dangerous for my part I thinke no man secure that he shall thinke himselfe worth any thing when he rises whilst all our estates are in his breast who hath sacrificed his Countrey to his ambition whilst hee who hath prostracted his owne conscience hath the keeping of the Kings and he who hath undone us already by whole-sale hath a power left in him by retaile Mr. Speaker in the beginning of the Parliament he told us and I am confident every man here believes it before he told it and never the more for his telling though a sorry witnesse is a good testimony against himselfe That his Majestie never required any thing from any his Ministers but Justice and Integrity Against which if any of them have transgrest upon their heads and that deservedly it ought to fall It was full and truly but he hath in this saying pronounced his owne condemnation we shall be more partiall to him then he is to himself if we be slow to pursue it It is therefore my just and humble motion That wee may chuse a select Committee to draw up his and their charge and to examine their carriage in this particular to make use of it in the charge and if he shall be found guilty of tampering with Judges against the publike security who thought tampering with witnesses in a private cause worthy of so great a Fine if he shall be found to have gone before the rest to this Judgement and to have gone beyond the rest in this Judgement that in the punishment for it the Justice of this House may not denie him the due honor both to preceed and exceed the rest Sir JOHN CULPEPPERS Speech in the Commons House of Parliament 9o. Novemb. 1640. Mr. SPEAKER I stand not up with a Petition in my hand I have it in my mouth and have it in charge from them that sent me hither humbly to present to the consideration of this House the grievances of the County of Kent I shall only summe them up they are these First the great increase of Papists by the remisse execution of those lawes which were made to suppresse them the life of the law is execution without this they become a dead letter this is wanting and a great grievance The second is the obtruding and countenancing of divers new Ceremonies in matters of Religion as placing the Communion Table Altar-wise and bowing or cringing to or towards it the refusing of the holy Sacrament to such as refuse to come to the Rayles These carry with them some scandall and much offence The third is Military charges and therein first that of Coate and Conduct money required as a loane pressed as a due in each respect equally a grievance The second is the enhancing the price of Powder whereby the Trayned Bands are much discouraged in their exercising howsoever this may appeare prima facie upon due examination it will appeare a great grievance The third is more particular to our County It is this The last Summer was twelvemonth 1000. of our best Arms were taken from the owners and sent into Scotland The compulsary way was this If you will not send your Arms you shall goe your selves M. Speaker the trayned Band is a Militia of great strength and honor without charges to the King and deserves all due encouragement The fourth is the Canons I assigne these to bee a grievance First in respect of the matter besides the c. Oath Secondly in respect of the makers they were chosen to serve in a Convocation that falling with the Parliament the Scene was altered The same men without any new election shufled into a sacred Synod Thirdly in respect of the consequence which in this age when the second ill president becomes a Law is full of danger The Clergy without confirmation of a Parliament have assumed unto themselves power to make Lawes to grant Reliefe by the name of benevolence and to intermeddle with our free-hold by suspensions and deprivation This is a grievance of a high nature The next grievance is the Ship-money This cries aloud I may say I hope without offence This strikes the first born of every family I meane our inheritance If the Lawes give the king power in any danger of the kingdom whereof hee is Judge to impose what and when hee please wee owe all that is left to the goodnesse of the King not to the Law M. Speaker this makes the Farmors faint and the Plough to goe heavy The next is the great decay of cloathing and fall of our woolls These are the golden Mines of England which gives a foundation to that trade which we drive with all the World I know there are many starres concurre in this constellation I will not trouble you with more than one cause of it which I dare affirme to be the greatest It is the great customes and impositions laid upon our Cloath and new Draperies I speak not this with a wish to lessen the King revenews so it be done by Parliament I shall give my voice to lay more charge upon the superfluities due regard being had to trade which we import from all other Nations sure I am that those impositions upon our native commodities are dangerous give liberty to our neighbours to under-sell And I take it for a rule that besides our losse in trade which is five times as much as the King receiveth what is imposed upon our Cloaths this it taken from the rent of our lands I have but one grievance
for its owne defence against those be they Peeres or people that have abused it If we examine the Law well it will tell us what hath beene the reward of such ambitious men as have Monopolized and abused the Kings Authoritie what have beene the punishment of such as have betrayed the well meaning Subject to the Kings displeasure and his Princes Councell to his enemies what doe they deserve who have raised mountaines of Monopolies heapes of impositions oceans of grievances what have been the punishment of such as have belied Justice and their conscience and have made truth and honesty our of fashion And lastly If no penaltie be found for these sure there is some for such as have so disguised Religion in fantasticke dresses that Heaven andearth cannot be but angrie to see it and in their politique pride have beene so long moulding a new State and a new old Church for their owne advantage till they have by their too much order put all out of frame and made us objects of pitie and themselves of hate What if for these innovations we innovate an examplary punishment These are the ground-works of our miseries and surely Mr. Speaker there are too many of all these sorts which like envious clouds hinders us from â—he gracious shine our Sun intends us therefore for his great r lustre and our more assured comfort let us endeavour to remove these interposers that he may more freely see into his peoples bosomes and reade in their hearts firme characters of loyaltie and glad obedience which the practices of these later times have endeavoured to obliterate but in vaine I shall not dare to borrow one minute of you more but I shall alreadie end though I have just now begun If we consider the just extent of our grievances the deep search of which wound I leave to you better abilities and I beseech you think not that I sigh out these complaints undertaking to instruct the grave Councell of this great Assembly my infant advice presumes not to reach so high It is but to let you see how much the slightest parts of this abused Common-wealth is not only made sensible of our wrongs but what we feele is farre exceeded by the numberlesse number of our just feares which should have before this time utterly distracted us had not our great Phisition now at length applied his soveraigne remedie to keep up our fainting hopes by which we must either stand or fall Master Pyms Speech in PARLIAMENT 1640. THe distempers of this Kingdome are well knowne they need not repetition For though we have good Lawes yet they want their execution or if they are executed it is in a wrong sence I shall endeavour to apply a remedie to the breaches that are made and to that end I shall discover first the qualitie of the disease First There is a designe to alter Law and Religion the parties that effect this are Papists who are obliged by a maxime in their doctrine that they are not onely bound to maintaine their Religion but also to extirpate all others The second is their Hierarchie which cannot amount to the height they ayme at without a breach of our Law To which their Religion necessarily ioynes that if the one stands the other must fall Thirdly Agents and Pensioners to forraigne States who see we cannot comply to them if we maintaine our Religion established which is contrary to theirs here they intend chiefly the Spanish white gold works which are of most effect Fourthly Favourites such as for promotion prize not conscience and such are our Judges spirituall and temporall such are also some of our Councellors of State All these though severed yet in their contrivements they ayme at one end and to this they walke on four feet First discountenancing of Preachers and vertuous men they persecute under the law of purity Secondly Countenancing of Preachers of contrary dispositions Thirdly The negotiating with the faction of Rome by Preaching and to instructions to Preach of the absolute Monarchie of Kings Here follow severall Heads First The politicall interpretation of the Law to serve their turnes and thus to impose taxes with a colour of Law a Judge sayd it when a babe is corpus was payd for Secondly By keeping the King in continuall want that he may seeke to their counsells for r liefe to this purpose to keepe the Parliaments in distaste that their counsells may be taken The King by them is brought to this as a woman that used her selfe to poyson could not live with good meate Search the Chronicles and we see no King that ever used Parliaments was brought to this want Thirdly Arbitrary proceedings in Courts of Justice we have all Law left to the conscience of a single man All Courts are now Courts of conscience without conscience Fourthly Plotters to inforce a war between Scotland and us that when we had well wearied one another we might be both brought to what scorn they pleased The pertition wall is only unity Fiftly The suddaine dissolving of Parliaments and punishing of Parliament men all to affright us from speaking what we thinke One was committed for not delivering up the Petitions of the House then a declaration which slandered our Proceedings as full of lyes as leaves who would have the first ground to be our example And Papists are under appearance to the King his best Subjects for they contibute money to the War which the Protestants will not do Sixthly Another is Military by getting places of importance into the Papists hands as who are Commanders in the last Armie but they none more strong in Armes then they to whom their Armour is delivered contrary to the Statute Their endeavour is to bring in strangers to be Billited upon us we have had no accompt of the Spanish Navie and now our fear is from Ireland Lastly The next is Papisticall that proceeds of Agents here in London by whose desires many Monasteries and Nunneries here in London were erected Sir Thomas Baringtons Speech in Parliament 1640. My Lords WE have of late entred into consideration of the Petition of Right and the relation of it and upon good reason for it concernes our goods liberties and lives But there is a Right of higher nature that preserved for us farre greater things eternall life our soules yea our God himselfe a Religion derived to us from the King of Kings conferred to us by the Kings of this Kingdome enacted by Lawes in this place treading downe to us in the bloud of the Martyes and witnessed from Heaven by miracles even miraculous deliverances And this Right in the name of this Nation I this day require and claime that there may be a deepe and serious consideration of the relations of it I desire first that it may be considered what new paintings are layd on the old face of the Whore of Babylon to make the more lovely and to draw so many Suitors to her I desire that it may be considered how the Sea
thee are utterly deleated Many evidences there be in this part of the Communion of the bodily presence of Christ very agreeable to the doctrines taught by his Secretaries which this paper cannot containe They teach us that Christ is received in the Sacrament Corporaliter both objective and subjective Corpus Christi est objectum quod recipitur corpus nostrum subjectum quo recipitur The booke of England abolisheth all that may import the oblation of any unbloudy Sacrifice but here we have besides the Preparatorie oblation of the Elements which is neither to be found in the booke of England now nor in King Edwards booke of old the oblation of the body and bloud of Christ which Bellarmine calleth Sacrificium Laudis quia Deus per illud magnopore laudatur This also agreeth well with their late Doctrine We are ready when it shall be judged convenient and we shall be desired to discover much more matters of this kinde as grounds layd for missa sicca or the halfe masse the private masse without the people of communicating in one kinde Of the consumption by the Priest and consummation of the Sacrifice of receiving the Sacrament in the mouth and not in the hand c. Our Supplications were many against these bookes but Canterbury procured them to be answered with terrible Proclamations We were constrained to use the remedie of Protestation but for our protestations and other lawfull meanes which we used for our deliverance Canterbury procured us to be declared Rebels and Traytors in all the Parish Kirks of England when we were seeking to posseâ—â—e our Religion in peace against these devices and Novations Canterbury kindled warre against us In all these it is knowne that he was though not the sole yet the principall Agent and Adviser When by the pacification at Barwick both Kingdoms looked for peace and quietnesse he spared not openly in the heating of many often before the King and privately at the Councell-Table and the privy Join to to speake of us as Rebels and Traytors and to speak against the pacification as dishonorable and meet to be broken Neither did his malignancie and bitternesse ever suffer him to rest till a new warre was entred upon and all things prepared for our destruction By him was it that our Covenant approven by Nationall Assemblies subscribed by his M. Commissioner and by the Lords of his M. Counsell and by them commanded to be subscribed by all the Subjects of the Kingdome as a testimony of our duty to God and the King by him was it still called ungodly damnable Treasonable by him were oathes invented and pressed upon divers of our poore Country-men upon the pain of imprisonment and many miseries which were unwarrantable by Law and contrary their Nationall oath When our Commissioners did appeare to render the reasons of our demands he spared not in the presence of the King and Committee to raile against our Nationall Assembly as not daring to appeare before the World and Kirks abroad where himselfe and his actions were able to endure tryall and against our just and necessary defence as the most malicious and Treasonable contempt of Monarchiall Government that any bygone Age hath heard of His hand also was at the Warrant for the restraint and imprisonment of our Commissioners sent from the Parliament warranted by the King and seeking the peace of the Kingdomes When we had by our Declarations Remonstrances and Representations manifested the truth of our intentions and lawfulnesse of our actions to all the good Subjects of the Kingdome of England when the late Parliament could not be moved to assist or enter in warre against us maintaing our Religion and liberties Canterbury did not onely advise the breaking up of that high and honorable Court to the great griefe and hazzard of the Kingdome but which is without example did sit still in the Convocation and make Canons and Constitutions against us and our just and necessary defence ordaining under all highest pains that hereafter the Clergie shall preach foure times in he yeare such doctrine as is contrary not only to our proceedings but to the doctrine and proceedings of other reform'd Kirks to the judgement of all sound Divines and politiques and tending to the utter slavery and ruining of all Estates and Kingdomes and to the dishonor of Kings and Monarchs And as if this had not been sufficient he procured six Subsidies to be lifted of the Clergie under pain of deprivation to all that should refuse And which is yet worse and above which malice it self cannot ascend by his means a prayer is framed printed and sent through all the Paroches of England to be sayd in all Churches in time of Divine Service next after the prayer for the Queene and Royall Progeny against our Nation by name of Trayterous Subjects having cast of all obedience to our annointed Soveraign and comming in a rebellious manner to invade England that shame may cover our faces as Enemies to God and the King Whosoever shall impartially examine what hath proceeded from himselfe in these two books of Canons and Common-prayer what Doctrine hath been published and printed these years by-past in England by his Disciples and Emissaries what grosse Poperie in the most materiall points we have found and are readie to shew in the posthume writings of the Prelate of Edinburgh and Damblane his own Creatures his nearest familiars and most willing instruments to advance his counsells and projects sall perceive that his intentions were deep and large against all the reformed Kirks and reformation of Religion which in his Majesties Dominions wes panting and by this time had rendred up the ghost if God had not in a wonderfull way of mercy prevented us and that if the Pope himselfe had been in his place he could not have been more popish nor could he more zealously have negotiated for Rome against the reformed Kirks to reduce them to the Heresies in Doctrine the Superstitions and Idolatry in worship and the Tyranny in Government which are in that Sea and for which the reformed Kirks did seperate from it and come forth of Babel From him certainly hath issued all this deluge which almost hath overturned all We are therefore confident that your Lordships will by your meanes deale affectually with the Parliament that this great firebrand be presently removed from his Majesties presence and that he may be put to triall and put to his deserved censure according to the Lawes of the Kingdome which sall be service to God honor to the King and Parliament terror to the wicked and comfort to all good men and to us in speciall who by his means principally have been put to so many and grievous afflictions wherein we had perished if God had not been with us We do indeed confesse that the Prelates of England have been of very different humors some of them of a more hot and others of them men of a more moderate temper some of them more and some
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
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
as his Majestie shall thinke meet now if the King should grant it to a certaine number of Commissioners equall in authority as hee may doe this were an abolition of Episcopacy and yet not diminution of Monarchy But the truth is Episcopacy is a kind of Monarchy under a Monarchy and is therein altogether unlike the Civill Government under his Majestie for the King being a common head over the Ecclesiasticall state and the Civill we shall finde that in the exercise of Civill Jurisdiction in all Courts under his Majesty it is Aristocraticall and placed in many and not in one as appeareth in this high Court of Parliament in the inferiour Courts of Westminster Hall and in the Sizes and Sessions in the Countrey which are held by many Commissioners and not onely by one or his Deputies and Commissaries as it is in the exercise of Ecclesiasticall government As to the point of Excommunication supposing that it did dissolve naturall and civill bonds of duty as it doth not it might indeed be as terrible to Princes as it is represented But I reason thus either Princes are subject to Excommunication or they are not if they bee not then they need as little to feare a Presbyterie or an assembly as a Bishop in that respect if they bee they have as much to feare from Bishops at leastwise from Bishops in their Convocations as from Presbyters in their Assemblies and so much the more because they have formerly felt the thunderbolts of those of that stampe but never from this latter sort And now Sir I proceede to represent unto you the evills and inconveniences that doe proceede from the government and Ceremonies of the Church and truely in my opinion the chiefe and principall cause of all the evills which we have suffered since the Reformation in this Church and State hath proceeded from that division which so unhappily hath sprung up amongst us about Church government and the Ceremonies of the Church and from which part in that division I beleeve it will appeare in the particulars I know well there is a great division and that upon great matters betweene us and the Papists and I am not ignorant that there have beene great and sore breaches made upon our Civill Liberties and the right of our proprieties But yet still I returne to my former position that the chiefe and most active cause hath proceeded from the Government and Ceremonies of the Church and that those other causes have either fallen into it and so acted by it or issued out of it and so acted from it As for Popery I conceive that to have beene a cause that hath fallen into this and acted by it for at the Reformation it received such a deadly wound by so many sharpe Lawes enacted against it that had it not beene enlivened by this division amongst us it could never have had influence upon our Church and State to have troubled them as this day wee feele but finding that in this division amongst us one party had need of some of their principalls to maintaine their Hierarchy together with their worldly pompe and Ceremonies which are appurtenances thereunto from hence they first conceived a ground of hope and afterwards found meanes of successe towards the introducing againe of their superstition and Idolatry into this Realme and they wrought so diligently upon this foundation that they have advanced their building very farre and how neare they were to set up the Roofe I leave it to your consideration As for the evills which we have suffered in our civill liberty and the right of our proprieties J conceive they have proceeded out of this and so acted from it for if there had beene no breaches of Parliaments there would have bin no need to have had recourse unto those broken Cisternes that can hold no water but there being a stoppage of Parlamentary supplyes that was an occasion of letting in upon us such an inundation of Monopolies and other illegall taxes and impositions accompanyed with many other heavy and sore breaches of our Liberties Now there needed not to have beene any breaches of Parliaments had there not beene something disliked in them and what was that it could not bee any of these civill matters that bred the first difference for they have proceeded out of it therefore I conceive it was this The Prelates with their adherents the Papists also concurring with them for their interest did alwayes looke upon Parliaments with an evill eye as no friends to their offices and functions at leastwise to their Benefices and Dignities and therefore some of them having alwayes had the grace to bee too neare to the Princes eates they have alwayes endeavoured to breed a dis-affection in Kings from Parliaments as the Presse and Pulpit doe abundantly witnesse and Ballads too made by some of them upon the breaches of Parliaments But wee have a fresh and bleeding instance of this in the confirmation in his Majesties name which they procured to be prefixed before their new Booke of Canons wherein they have endeavoured to make this impression upon his Majesties Royall minde that the Authors and Fomenters of the jealousie in respect of the new Rites and Ceremonies lately introduced into the Church which wee call innovations did strike at his Royall person as if hee were perverted in his Religion and did worship God in a superstitious way and intended to bring in some Innovation in matter of Religion Now Sir who are the authors of those jealousies did they not come as complaints in the Petitions from the bodies of severall Counties the last Parliament and from more this present Parliament and who were the fomenters of those jealousies did not the generall sence of the last Parliament concurre in it that they were Innovations and that they were suspitions as introductory to superstition Nay I appeale to all those that hear me which are drawn from al parts of the Kingdom whether this be not the generall sence of the greatest and most considerable part of the whole Kingdom I beseech you then to consider what kind Offices these men have done between the King and the Parlament between the King and Kingdom I speak of the greatest and most considerable parâ—s as giving denomination to the whole And now Sir as we have cast our eye backwards if wee will looke forwards how doe the clouds thicken upon us and what distractions yea what dangers doe they threaten us withall proceeding still from the same root of Church Government and Ceremonies and truely as things now stand I see but two wayes the one of Destruction the other of Satisfaction Destruction I meane of the opposite partie to the Bishops and the Ceremonies and reducing of all to Canonicall obedience by faire meanes or by foule this way hath beene already tryed and what effect it hath brought forth in our neighbour kingdome wee well know and it is like to produce no very good effect in this Kingdome if mens scruples and reasons
read and then He proceeded thus My Lords I AM now to discover the root of Mr. Smarts Persecution Your Lordships have heard of a great Designe to bring in Popery you have heard of Armies of Souldiers and particularly of the Popish Irish Armie the burthen and Complaint of the Commons But there is another Army not so much spoken of and that is an Army of Priests for since Altars came in so they delight to be called it is a saying of Gregory the Great that when Antichrist comes Preparatus est exercitus Sacerdotum There is an Armie of Priests ready to receive him this is fulfilled in our time for certainty this Army of Priests doth many wayes advance the designe and plot of Popery A first is by the subversion of our Lawes and Government our Lawes and Popery cannot stand together but either Popery must overthrow our Lawes or our Lawes must over throw Popery but to overthrow our Lawes they must overthrow Parliaments and to overthrow Parliaments they must overthrow property thy must bring the Subjects goods to be arbitrarily disposed that so there may bee no need of Parliament this hath bind done by Dr. Maynwaring whom we finde wanting yet not in the seats but in the Bar of the Lords house and the like by Dr. Beale and I think it was the intention of the late Canons A second way by which this Army of Priests advanceth the Popish Designe is the way of Treatie This hath bind acted both by writings conference Sancta Clara himselfe saith Doctâ—ssimi eorum quibusounque egi so it seems they have had conferences together And Sancta Clara on his part labours to bring the Articles of our Church to Popery and some of our side strive to meete him in that way we have a testimony that the great Arch-Priest himselfe hath said It were no hard matter to make a reconciliation if a wise man had the handling of it But I verily beleeve that as the state of Papacie stands a farre wise man than bee cannot reconcile Us without the losse of our Religion For the Pope being fastned to his Errors even by his Chaire of Inerrability hee sits still unmoved and so wee cannot meete except we come wholly to him A man standing in a Boat tyed to a Rocke when he drawes the Rope doth not draw the Rocke to the Boat but the Boat to the Rock And Sancta Clara doth in this somewhat honestly confesse it for he saith he dealt in this way of Treatie not to draw the Church to the Protestants but the Protestants to the Church A third way is a way of violence this violence they exercise partly by Secular Armes and partly by Priestly Armes which they call Spirituall for Secular Armes we have their owne confession that the late warre was Bellum Episcopale and we have the Papists confession that it was Bellum Papale for in their motives they say That the warre concernes them not onely as subjects but as Catholikes for so they falsely call themselves and if it be so then Bellum Episcopale is also Bellum Papale in the Episcopall Warre the Papall cause is advanced For the Spirituall Armes thus they come to execution When a great Man is comming his Sumpters his Furniture his Provisions goe before the Popes Furniture Altars and Copes Pictures and Images are come before and if wee beleeve Dr. Cossens the very substance of the Masse a certaine signe that the Pope was not farre off Now these fore-tunners being come if any man resist them Fire comes out of the Brambles and devoures the Cedars of Lebanon the Army of the Priests falls upon him with their Armes of Suspension Sequestration Excommunication Degradation and Deprivation And by these Armes hath Mr. Smart beene oppressed and undone Hee falls upon their Superstitions and Innovations and they fall upon him with their Armes they beate him down yea they pull him up by the rootes taking away all his meanes of maintenance and living yet they leave him life to feele his miseries Ita feriunt ut diu se sentiat mori there is no cruelty to Priesty cruelty these are they that did put our very Saviour to death the Calling is Reverend but the Corruption of it most pernicious Corruptio optimi pessima I know no reason of this change except it be that of the Apostle Because when they knew God they did not worship him as God but made a God of the World placing the excellency of Priesthood in worldly pompe and greatnesse and gave the glory of the invisible God to Pictures Images and Altars therefore God gave them up to vile affections to be implacable unmercifull and without naturall affection But whatsoever the cause is of their Corruption certainly their Armes have fallen heavily upon Mr. Smart and Priestly cruelty hath cast him into a long misery from which he could get no release by any Priestly mercy And now it is prayed that as these Delinquents by the cruell oppressions of Mr. Smart have advanced the Cause of Popery so they may in such a degree of Iustice bee punished that in them Priestly cruelty and the very cause of Popery may appeare to be punished and suppressed and that Mr. Smart suffering for the Cause of Protestancy may bee so repaired that in him pious Constancy and the very Cause of Protestancy may appeare to be righted and repaired A second Speech of the Honorable NATHANAEL FIENNES second Son to the right Honourable the Lord Say touching the Subjects Liberty against the late Canons and the new Oath Mr. Speaker NOW that we are about to brand these Canons in respect of the matter contained in them it is the proper time to open the foulenesse thereof and though much of this hath beene anticipated in the generall debate yet if any thing hath beene omitted or if any thing may bee farther cleared in that kinde it is for the service of the House that it should now be done Sir I conceive these Canons doe containe sundry matters which are not onely contrary to the Lawes of this Land but also destructive of the very principall and fundamentall Lawes of this Kingdome I shall begin with the first Canon wherein the framers of these Canons have assumed unto themselves a Parliamentary power and that too in a very high degree for they have taken upon them to define what is the power of the King what the liberty of the Subjects and what propriety hee hath in his goods If this bee not proper to a Parliament I know not what is Nay it is the highest matter that can fall under the consideration of a Parliament and such a poynt as wherein they would have walked with more tendernesse and circumspection than these bold Divines have done And surely as this was an act of such presumption as no age can parallell so is it of such dangerous consequence as nothing can be more For they doe not onely take upon them to determine matters of this nature but also
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
holy Church and of his grace and bounty he will confirme all those liberties priviledges and rights granted and given by him and his noble Progenitors to the Church by their Charters which plainly sheweth that they have their Episcopall Jurisdiction from the Kings of England and not Iure divino by divine right and this likewise is acknowledged by themselves in the Statute of 37. H. 8. cap. 17. that they have their Episcopall jurisdiction and all other Ecclesiasticall jurisdiction whatsoever solely and onely by from and under the King The second thing that is trenching upon the Crowne is this that it is holden at this day that Episcopacy is inseparable to the Crowne of England and therefore it is commonly now said No Bishop no King no Miter no Scepter which I utterly deny for it is plaine and apparant that the Kings of England were long before Bishops and have a subsistance without them and have done and may still depose them The third is likewise considerable as trenching upon the Crowne which is that was said under the Gallery that Episcopacy was a third estate in Parliament and therefore the King and Parliament could not be without them This I utterly deny for there are three estates without them as namely the King who is the first estate the Lords Temporall the second and the Commons the third and I know no fourth estate Besides the Kings of England have had many Parliaments wherein there have beene no Bishops at all as for example Ed. 1.24 of his reigne held his Parliament at Edmundbury excluso Clero and in the Parliament 7. R. 2. c. 3. 7. R. 2. c. 12. it doth appeare that they were enacted by the King with the assent and agreement of the Lords Temporall and Commons where the estates of Parliamen are mentioned and not the Clergie Divers other statutes might likewise be named to this purpose which I omit The fourth and last thing is of the Bishops holding of the Ecclesiasticall Courts in their owne names and not in the name of the King nor by Commission from him contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Bishop Ridley Coverdale and Ponnet who tooke Commissions from the KING for holding their Ecclesiasticall Courts as may be seene at this day in the Rolles And although it will be objected that by a late Proclamation in the yeare of our Lord God 1637. wherein the opinion of the Iudges mentioned it is declared upon their opinion that the act of 1 Edw. 6. was repealed and that Bishops may now keep Courts in their owne names and send processe under their owne Seales yet it is well knowne that the Statute of 1 Q. Mary which repealed the Statute of 1 Ed. 6. was it selfe repealed by the Statute of 1 Iac. cap 25. Whereupon it was holden upon a full debate of this poynt in Parliament 7 Iac. which I have seene that upon consideration of the Statutes of 1 Iac. and 1. Eliz. cap 1. and 8 Eliz. cap. 1. that the Statute of 1 Ed. 6. was revived and that Bishops ought not to keepe Courts in their owne names So that for these reasons so nearely concerning the right of the Crowne of England in the poynt of Episcopacy I am against the proposall of that question and am for the retaining of the London Petition and for a thorow Reformation of all abuses and grievances of Episcopacy mentioned in the Ministers Remonstrance which Reformation may perhaps serve the turne without alteration of the Government of England into a forme of Presbytery as it is in other Kingdomes of Scotland France Genâ—va and the Low Countries which for mine owne part had I lived in these Kingdomes I should have bin of the opinion of the Protestant party in point of Presbytery because those Kingdomes are governed by the Civill Law which maintaines the jurisdiction of the Pope and Papall Episcopacy which the ancient Lawes of England condemne being likewise in themselves opposite to the Civill and Canon Lawes And if notwithstanding all the Reformation that can be made by the Lawes of this Land a better forme of government may evidently appeare to us concerning which there is no forme now before us it is to be taken by us into consideration according to that imperiall Constitution in these words In rebus nobis constituendis evidens utilitas esse debet ut ab eo jure recedatur quod diu aequum visum est And so Mr. Speaker I shortly conclude that for these Reasons omitting divers more the London Petition is to be retained The Speeches of Sir Benjamin Rudyer in the High Court of Parliament Mr. Speaker WEe are here assembled to doe Gods businesse and the Kings in which our owne is included as wee are Christians as wee are Subjects Let us first feare GOD then shall wee honour the King the more for I am afrayd wee have beene the lesse prosperous in Parliaments because wee have preferred other matters before Him Let Religion be our Primum Quarite for all things else are but Etcaetera's to it yet we may have them too sooner and surer if wee give God his precedence We well know what disturbance hath been brought upon the Church for vain petty trifles How the whole Church the whole Kingdome hath beene troubled where to place a Metaphor an Altar Wee have seene Ministers their Wives Children and Families undone against Law against Conscience against all Bowells of Compassion about not dancing upon Sundayes What doe these sort of men think will become of themselves when the Master of the house shall come and finde them thus beating their fellow servants These Inventions were but Sives made of purpose to winnow the best men and that 's the Devills occupation They have a minde to worry preaching for I never yet heard of any but diligent preachers that were vext with these and the like devices They despise prophesie and as one said They would faine be at something were like the Masse that will not bite A muzzl'd Religion They would evaporate and dis-spirit the power and vigour of Religion by drawing it out into solemne specious formalities into obsolete antiquated Ceremonies new furbish'd up And this belike is the good worke in hand which Dr. Heylin hath so often celebrated in his bold Pamphlets All their Acts and actions are so full of mixtures involutions and complications as nothing is cleare nothing sincere in any of their proceedings Let them not say that these are the perverse suspitious malicious interpretations of some few factious Spirits amongst us when a Romanist hath bragged and congratulated in print That the face of our Church begins to alter the Language of our Religion to change And Sancta Clara hath published That if a Synod were held Non intermixtis Puritanis setting Puritanes aside our Articles and their Religion would soone be agreed They have so brought it to passe that under the name of Puritans all our Religion is branded and under
a few hard words against Iesuites all popery is countenanc'd Whosoever squares his actions by any rule either Divine or Humane hee is a Puritan Whosoever would be governed by the Kings Lawes he is a Puritan Hee that will not doe whatsoever other men would have him doe he is a Puritan Their great worke their Master-piece now is To make all those of the Religion to be the suspected party of the Kingdome Let us further reflect upon the ill effect these Courts have wrought what by a defection from us on the one side a separation on the other Some imagining whither we are tending made haste to turne or declare themselves Papists before hand thereby hoping to render themselves the more gracious the more acceptable A great multitude of the Kings Subjects striving to hold communion with us but seeing how far we were gone and searing how much further we wouâ—d goe were forc'd to flye the Land some into other inhabited Countries very many into Savago wildernesses because the Land would not bear them Do not they that cause these things cast a reproach upon the government Mr. Speaker let it be our principall care that these wayes neither continue nor returne upon us If wee secure our Religion wee shall cut off and defeat many Plots that are now on foot by Them and Others Beleeve it Sir Religion hath beene for a long time and still is the great designe upon this Kingdome It is a knowne and practic'd principle That they who would introduce another Religion into the Church must first trouble and disorder the government of the State that so they may worke their ends in a confusion which now lyes at the doore I come next Mr. Speaker to the Kings businesse more particularly which indeed is the Kingdomes for one hath no existence no being without the other their relation is so neere yet some have strongly and subtilly laboured a divorce which hath beene the very band both of King and Kingdome When foundations are shaken it is high time to looke to the building He hath no Heart no Head no Soule that is not moved in his whole man to look upon the distresses the miseries of the Common-wealth that is not forward in all that he is and hath to redresse them in a right way The King likewise is reduced to great straights wherein it were undutifulnesse beyond inhumanity to take advantage for him let us rather make it an advantage for him to doe him best service when he hath most need Not to seeke our owne good but in Him and with Him else wee shall commit the same crimes our selves which wee must condemne in others His Majesty hath clearely and freely put himselfe into the hands of this Parliament and I presume there is not a Man in this House but feeles himselfe advanc't in this high trust but if Hee prosper no better in our hands than he hath done in theirs who have hitherto had the handling of his affaires wee shall for ever make our selves unworthy of so gracious a confidence I have often thought and said that it must bee some great extremity that would recover and certifie this state and when thâ—t extremity did come Jt would be a great hazzard whether it might prove a remedy or ruine We are now Mr. Speaker upon that verticall turning poynt and therefore it is no time to palliate to foment our owne undoing Let us set upon the remedy wee must first know the Disease But to discover the deseases of the State is according to some to traduce the Government yet others are of opinion that this is the halfe way to the Cure His Majesty is wiser than they that have advised him and therefore hee cannot but see and feele their subverting destructive Counsells which speake lowder than I can speak of them for they ring a dolefull deadly knell over the whole Kingdome His Majesty best knowes who they are for us let the Matters bolt out the men their actions discover them They are men that talke largely of the Kings service have done none but their owne and that 's too evident They speake highly of the Kings power but they have made it a miserable power that produceth nothing but weaknesse both to the King and Kingdome They have exhausted the Kings revenew to the bottome nay through the bottome and beyond They have spent vast summes of money wastefully fruitlesly dangerously So that more money without other Counsells will be but a swift undoing They have alwayes peremptorily pursued one obstinate pernicious course First they bring things to an extremitie then they make that extremity of their owne making the reason of their next action seven times worse than the former and there wee are at this instant They have almost spoyled the best instituted Government in the world for Soveraignty in a King liberty to the Subject the proportionable temper of both which makes the happiest state for power for riches for duration They have unmannerly and slubbringly cast all their Projects all their Machinations upon the King which no wise or good Minister of State ever did but would still take all harsh distasteful things upon themselves to cleare to sweeten their Master They have not suffered his Majestie to appeare unto his people in his owne native goodnesse They have eclipsed him by their interposition althogh grosse condense bodies may obscure and hinder the Sun from shining out yet is hee still the same in his owne splendor And when they are removed all Creatures under him are directed by his light comforted by his beames But they have framed a superstitious seeming Maxime of State for their owne turne That if a King will suffer men to be torne from him hee shall never have any good service done him When the plaine truth is that this is the surest way to preserve a King from having ill servants abâ—ut him And the Divine Truth likewise is Take away the wicked from the King and his Throne shall be established Mr. Speaker Now wee see what the sores are in generall and when more particulars shall appeare let us be very carefull to draw out the Cores of them not to skin them over with a slight suppurating fâ—string Cure lest they breake out againe into a greater m schiefe consider of it consult and speake your min es It hath heretofore beene boasted That the King should never call a Parliament till he had no need of his people These were words of Division and malignitie The King must alwaies according to his occasions have use of his peoples Power Hearts Hands Purses The People will alwayes have need of the Kings Clemencie Iustice Protection And this Reciprocation is the strongest the sweetest union It hath bin said too of late That a Parliament will take away more from the King then they will give him It may well be said That those things which will fall away of themselves will enable the Subject to give him more than can be taken any way
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
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
true Church hath not erred in Fundamentall points and that Salvation is attainable in that Religion and therefore have restrained to pray for the Conversion of our Soveraigne Lady the Queene Hence also hath come XIV The great Conformity and likenesse both continued and encreased of our Church to the Church of Rome in Vestures Postures Ceremonies and Administrations namely as the Bishops Rochets and the Lawne sleeves the foure-cornerd Cap the Cope and Surprisse the Tippet the Hood and the Canonicall Coat the Pulpits clothed especially now of late with the Jesuites Badge upon them every way XV. The standing up at Gloria Patri and at the reading the Gospell praying towards the East the bowing at the name of JESVS the bowing to the Altar towards the East Crosse in Baptisme the Kneeling at the Communion XVI The turning of the Communion Tables Altar-wise setting Images Crucifixes and Conceits over them and Tapers and Books upon them and bowing and adoring to or before them the reading of the second Service at the Altar and forcing people to come up thither to receive or else denying the Sacrament to them tearming the Altar to be the mercie-seat or the place of God Almighty in the Church which is a plaine device to usher in the Masse XVII The Christning and Consecrating of Churches and Chappell 's the Consecrating Fonts Pulpits Tables Chalices Churchyards and many other things and putting holinesse in them yea reconsecrating upon pretended pollution as though every thing were uncleane without their Consecrating and for want of this sundry Churches have beene interdicted and kept from use as polluted XVIII The Liturgie for the most part 's framed out of the Romish Breviary Ritualium Masse-book also the book of Ordination for Archbishops and Ministers framed out of the Roman Pontificall XIX The multitude of Canons formerly made wherein among other things Excommunication ipso facto is denounced for speaking of a word against the devises above said or subscription thereunto though no Law enjoyned a restraint from the Ministry without such subscription and Appeale is denâ—ed to any that should refuse subscription or unlawfull conformity though he be never so much wronged by the inferiour Judge also the Canons made in the late sacred Synod as they call it wherein are many strange and dangerous Devices to undermine the Gospel and the Subjects liberties to propagate Popery to spoyle Gods people insnare Ministers and other Students and so to draw all into an absolute subjection and thral dome to them and their government spoyling both the King and the Parliament of their power XX. The countenancing plurality of Benefices prohibiting of Marriages without their Lycence at certaine times almost halfe the yeare and lycensing of Marriages without Banes asking XXI Prophanation of the Lords day pleading for it and enjoyning Ministers to read a Declaration set forth as 't is thought by their procurement for tolerating of sports upon that day suspending and depriving many godly Ministers for not reading the same onely out of Conscience it was agaist the Law of God so to doe and no Law of the Land to enjoyne it XXII The pressing of the strict observation of Saints Dayes whereby great summes of Moneyes are drawne out of Mens purses for working on them a very high burthen on most people who getting their living by their dayly imployments must either omit them and be idle or part with their money whereby many poore families are undone or brought behind-hand yea many Church-wardens are sued or threatned to be sued by their troublesome Ministers as persured persons for not presenting their Parishioners who sayâ—ed in observing Holy-dayes XXIII The great encrease and frequencie of Whoredomes and Adulteries occasioned by the Prelates corrupt administration of Justice in such Cases who taking upon them the punishment of it doe turne all into moneyes for the filling of their purses and lest their Officers should defraud them of their gaine they have in their late Canon in stead of remedying their vices decreed that the Commutation of Pennance shall not be without the Bishops privity XXIV The generall abuse of that great ordinance of Excommunication which God hath left in his Church to be used as the last and greatest punishment the Church can inflict upon obstinate and great Offenders and that the Prelates and their Officers who of right have nothing to doe with it doe daily excommunicate men either for doing that which is lawfull or for vaine idle and triviall matters as working or opening a shop on a Holiday for not appearing at every beck upon their summons not paying a fee or the like yea they have made it as they doe all other things a hook or instrument wherewith to empty mens purses and to advance their owne greatnesse and so that sacred ordinance of God by their preventing of it becomes contemptible to all men and seldome or never used against notorious offenders who for the most part are their favourites XXV Yea further the pride and ambition of the Prelates being boundlesse unwilling to be subject to either man or Lawes they claime their Office and Jurisdiction to be Iure divino exercise Ecclesiasticall authority in their owne names and Rights and under their owne Seales and take upon them Temporall dignities Places and Offices in the Common-wealth that they may sway both swords XXVI Whence followes the taking Commissions in their owne Courts and Consistories and where else they sit in matters determinable of Right at Common Law the putting of Ministers upon Parishes without the Patrons peoples consent XXVII The imposing of Oathes of various and triviall Articles yearely upon Church-wardens and Side-men which without perjury unlesse they fall at jarres continually with their Ministers and Neighbours and wholly neglect their owne calling XXVIII The exercising of the Oath Ex Officio and other proceedings by way of Inquisition reaching even to mens thoughts the apprehending and detaining of men by Pursivants the frequent suspending and depriving of Ministers fining and imprisoning of all sorts of people breaking up of mens Houses and Studies taking away mens Books Letters and other writings seizing upon their Estates removing them from their callings seperating betweene them and their wives against both their wills the rejecting of prohibitions with threatnings and the doing of many other out-rages to the utter infringing the Lawes of the Realme and the Subjects liberties and arraigning of them and their Families and of latter time the Judges of the Land are so awed with the power and greatnesse of the Prelates and other wayes promoted that neither prohibition Habeas Corpus or any other lawfull remedy can be had or take place for the distressed Subjects in most Cases onely Papists Iesuits Priests and such others as propagate Popery or Arminianisme are countenanced spared and have much liberty and from hence followed amongst others these dangerous Consequences I. FIrst the generall hope and expectation of the Romish part that their superstitious Religion will ere long be
conclusion of my argument submit to the judgement of this House I never delivered my opinion that mony ought to be raised but Ships provided for the defence of this Kingdome and in that the Writ was performed And that the charge ought not to be in any case but where the whole Kingdome was in danger And Master Justice Hutton and Master Iustice Crooke were of the same opinion with me I doe humbly submit having related unto you my whole carriage in this businesse humbly submitting my selfe to your grave and favourable censures beseeching you not to think that I delivered these things with the least intention to subvert or subject the common Law of the Kingdome or to bring in or to introduce any new way of government it hath bin farre from my thoughts as any thing under the heavens Master Speaker I have heard too that there hath bin some ill opinion conceived of me about Forrest businesse which was a thing farre out of the way of my study as any thing I know towards the Law But it pleased his Majesty in the sicknesse of Master Noy to give some short warning to prepare my selfe for that imployment When I came there I did both the King and Common-wealth acceptable service for I did and dare be bold to say with extreame danger to my selfe and fortune some doe understand my meaning herein run through that businesse and left the Forrest as much as was there A thing in my judgement considerable for the advantage of the Common-wealth as could be undertaken When I went downe about that imployment I satisfied my selfe about the matter of perambulation There were great difficulties of opinions what perambulation was I did arme my selfe as well as I could before I did any thing in it I did acquaint those that were then Iudges in the presence of the noble Lords with such objections as I thought it my duty to offer unto them If they thought they were not objections of such waight as were fit to stirre them I would not doe the King that disservice They thought the objections had such answers as might well induce the like upon a conference with the whole Country admitting mee to come and conferre with them the Country did unanimously subscribe It fell out afterwards that the King commanded me and all this before I was chiefe Iustice to goe into Essex and did then tell me he had beene enformed that the bounds of the Forrest were narrower then in truth they ought to be and I did according to his command I will here professe that which is knowne to many I had no thought or intention of enlarging the bounds of the Forrest further then H. and that part about it for which there was a perambulation about 26 Edward 4. I desired the Country to confer with me about it if they were pleased to doe it and then according to my duty I did produce those Records which I thought fit for his Majesties service leaving them to discharge themselves as by Law and Justice they might doe I did never in the least kind goe about to overthrow the charter of the Forrest And did publish and maintaine Charta de Foresta as a sacred thing and no man to violate it and ought to be preserved for the King and Common-wealth I doe in this humbly submit and what I have done to the goodnesse and Justice of this House FINIS Mr. Herbotle Grimstones second Speech in Parliament the 18. of December 1640. Master Speaker THere hath been presented to the house a most faithfull and exact report of the conference wee had with the Lords yesterday together with the opinion of the Committees that we imployed in the service that they conceaved it fit that the Archbishop of Canterbury should be sequestred and I must second the motion And with the favour of this House I shall be bold to offer my reasons why I conceive it more necessary wee should proceed a little further then the desire of a bare sequestration onely Master Speaker long Introductions are not suitable to waâ—ghty businesses wee are now fallen upon the great man the Archbishop of Canterbury looke upon him as hee is in highnesse and he is the Stye of all pestilentiall filth that hath infected the State and Government of this Common wealth Looke upon him in his dependances and he is the man the onely man that hath raised and advanced all those that together with himselfe have beene the Authors and Causers of all our ruines miseries and calamities wee row groane under Who is it but he only that hath brought the Earle of Strafford to all his great places and imployments a fit spirit and instrument to act and execute all his wicked and bloudy Designes in these Kingdomes Who is it but hee onely that brought in Secretary Windibank into this place of service of trust the very Broker and Pander to the Whore of Babylon Who is it Master Speaker but hee onely that hath advanced all our Popish Bishops I shall name but some of them Bishop Manering the Bishop of Bath and Wells the Bishop of Oxford and Bishop Wren the least of all these birds but one of the most uncleane ones These are the men that should have fed Christs Flock but they are the Wolfes that have devoured them the Sheepe should have fed upon the Mountaines but the Mountaines have eaten up the Sheepe It was the happinesse of our Church when the Zeale of Gods house eat up the Bishops glorious and brave Martyrs that went to the Stake in defence of the Protestant Religion but the Zeale of the Bishops hath beene onely to persecute and eat up the Church Who is it Master Speaker but this great Archbishop of Canterbury that hath sitten at the helme to steere and to mannage all the projects that have beene set on foot in this Kingdome this tenne yeares last past and rather then hee would stand out he hath most unworthily trucked and chafered in the meanest of them as for instance that of Tobacco wherein thousands of poore people have beene stripped and turned out of their Trades for which they have served as Apprentizes wee all know he was the Compounder and Contracter with them for the Licences putting them to pay Fines and a fee Farme rent to use their Trade certainly Master Speaker hee might have spent his time much better and more for his Grace in the Pulpit then thus sherking and raking in the Tobacco-shops Master Speaker we all know what he hath been charged withall here in this house crimes of a dangerous consequence and of a transcendent nature no lesse then the subversion of the Government of this Kingdome and the alteration of the Protestant Religion and this is not upon bare information onely but much of it is come before us already upon cleare and minifest proofes and there is scarce any grievance or complaint come before us in this Place wherein we do not find him intermentioned and as it were twisted into
In the HOUSE of COMMONS 1640. Master Speaker I Will use no preface as they use to doe who appeare men for some thing to which they would perswade and move their affections I will onely propose what I conceive fit for the House to consider and shall be no more concerned in the event then they that shall heare mee Two things I observe in his Majesties demands First the supply Secondly our speedy dispatch thereof Touching the first his Majesties occasions for mony are but too evident for to say nothing how wee are neglected abroad or distracted at home the calling of this Parliament and our sitting here an effect which no light cause could in these times have produced is enough to make any reasonable man beleeve that the Exchequer abounds not so much in money as the State in occasions to use it and I hope we shall all appeare willing to disprove those who have thought to disswade his Majesty from this way of Parliament as doubting and uncertaine and to let him see that it is as ready and more safe for the advancement of his affaires then any new or pretended old way whatsoever Now Master Speaker for the speedy dispatch required which was the second thing not onely his Majestie but Res ipsa loquitur the occasion seemes to importune no lesse necessity is come upon us like an armed man and yet the use of Parliaments heretofore which appeare by the writs that call us hither was to advise with his Majesty of things concerning the Church and common-wealth And Master Speaker it hath ever been the custome of Parliaments by good and wholesome lawes to refresh the Common-wealth in generall yea and to descend into the remedies of particular grievances before any mention made of supply Looke backe upon the best Parliaments and still you shall finde that the last Acts are the free gift of the Subsidies on the peoples part and generall pardons on the Kings part even the wisest Kings have acquainted their Parliaments with their designes and the reasons thereof and then demanded the assistance both of their counsell and their purses But Master Speaker Physicians though they be called of the latest must not stomach it or talke what might have beene but apply themselves roundly to the cure let us not stand too nicely upon circumstances nor too rigidly post pose the matter of supply to the healing of our lighter wounds Let us doe what possibly may be done with reason and honesty on our parts to comply with his Majesties desires and to prevent the imminent ills which threaten us but consider Master Speaker that they that thinke themselves undone can never apprehend themselves in danger and they that have nothing left can never give freely nor shall we ever discharge the trust of those that sent us hither or make them beleeve that they contribute to their owne defence and safety unlesse his Majesty be pleased first to restore them to the propriety of their goods and lawfull liberties whereof they esteeme themselves now out of possession One need not tell you that the propriety of goods is the mother of courage and nurse of industry makes us all valiant in war and good husbands in peace the experience I heare of former Parliaments and my present observation of the care the Countrey hath had to choose persons of worth and courage makes mee thinke this House like the Spartans whose forward valour required some softer musicke to allay and quiet their spirits too much moved with the sound of martiall Instruments 'T is not the feare of imprisonment or if need be of death it selfe that can keepe a true hearted English-man from the care to leave this part of his inheritance as intire to posterity as hee received it from his Ancestors This therefore let us first doe and the more speedily that we may come to the matter of supply let us give new force to the many lawes which have beene heretofore made for the mainteining of our rights and priviledges and to restore this Nation to the fundamentall and vitall liberties the propriety of our goods and freedome of our persons no way doubting but we shall find his Majesty as gracious and ready as any of his Royall progenitors have beene to grant our just desires therein for not onely the people doe thinke but the wisest doe know that what wee have suffered wee have suffered from his Ministers That the person of no King was ever better beloved of his people and that no people were ever more unsatisfied with the wayes of levying moneys are two truths which may serve one to demonstrate the other for such is their accession to the present courses that neither the admiration they have of his Majesties native inclination to Justice and Clemency nor the pretended consent of the Judges could make them willingly submit themselves to this late tax and such is their naturall loves and just esteeme of his Majesties goodnesse that no late pressure could provoke them not any example invite them to disloyalty or disobedience But what is it then hath bred this misunderstanding betwixt the King and his people How is it that having so good a King wee have so much to complaine of Why Master Speaker wee are told of the sonne of Solomon that hee was a Prince of a tender heart and yet we see by the advice of violent counsels how rough an answer he gave to his people That his finger should bee as heavy as his fathers loynes was not his owne but the voyce of some persons about him that wanted the gravity of moderation requisite for the Counsellors of a young King I love not to presse Allegories too far but the resemblance of Jobs story with ours holds so well that I cannot but observe it to you It pleased God to give his Enemy leave to afflict him more then once or twice and to take all hee had from him and yet he was not provoked to rebell so much as with his tongue although hee had no very good example of one that lay very neere him and felt not halfe that which he suffered I hope his Majesty will imitate God in the benigner part too and as he was severe to Job onely while hee discoursed with another concerning him but when hee vouchsafed to speake himselfe unto him began to rebuke those who had mistaken and mis-judged his Case and to restore the patient man to his former prosperity so now that his Majesty hath admitted us to his presence and spoken face to face with us I doubt not but wee shall see fairer dayes and be as rich in the possession of our owne as ever wee were I wonder at those that seeme to doubt the successe of this Parliament or that the misunderstanding betwixt the King and his People should last any longer now they have so happily met His Majesties wants are not so great but that we may find meanes to supply him nor our desires so unreasonable or so incompetible with
government but that his Majesty may well satisfie them For our late experience I hope will teach us what rocks to shunne and how necestary the use of moderation is And for his Majesty he hath had experience enough how that prospers which is gotten without the concurrent good will of his people never more money taken from the Subject never more want in the Exchequer If we looke upon what we have payd it is more then ever the people of England did in such a time if we looke upon what hath beene effected therewith it shewes as if never King had beene worse supplyed so that we seeme to have acted Belids part whose punishment was to endevour the filling of a Sive with water Whosoever gave advice for these courses hath made good the saying of the wise man Qui conturbat domum suam possidebit ventum By new wayes they think to accomplish wonders but in truth they graspe the winde and are in the meane time saevus ambobus Achilles cruell to us and to the King too for if the Common-wealth flourish then hee that hath the Soveraignty can never want nor doe amisse so as hee governe not according to the interest of others but goe the shortest and the safest wayes to his owne and the common good with regard how they stand in order to any private mans desires or a preservation The Kings of this Nation have alwayes governed by Parliaments And if wee looke upon the successe of things since Parliaments were layd by it resembles that of the Grecians Ex illo fluere vetito sublapsa referri Rex Danaum especially on the Subjects parts for though the King hath gotten little they have lost all but his Majesty shall heare the truth from us and wee shall make to appeare the errors of Divines who would perswade us that a Monarch can be absolute and that he may doe all things ad libitum receding not onely from their text though that be a wandring too but from the way which their owne profession would teach them Stare super vias antiquas and remove not the ancient bounds and land-markes which our Fathers have set If to be absolute were to be restrained by no lawes then can no King in Christendome be so for they all stand obliged to the Lawes Christian and we aske no more For to this Pillar are our priviledges fixt our Kings at their Coronation taking a sacred oath not to infringe them I am sorry these men take not more care of informing our faith of those things which they tell us for our soules health whiles we know them so manifestly in the wrong in that which concerns the liberties priviledges of the Subjects of England But they gaine preferment and then 't is no matter though they never beleeve themselves nor are beleeved of others But since they are so ready to let loose the Conscience of our Kings we are the more carefully to provide for our protection against this Pulpit-Law by declaring and re inforcing the Municipall Lawes of this kingdome It is worth the observing how new this opinion is or rather this way of rising even amongst themselves For Master Hooker who sure was no refractory man as they terme it thinkes that the first Government was arbitrary untill it was found that to live by one mans will became the cause of all mens miseries these are his words and that this was the originall of inventing Lawes And Master Speaker if we looke furtner back our Histories will tell us that the Prelates of this kingdome have often beene the mediators betweene the King and his Subjects to present and pray redresse of their grievances and had reciprocally then as much love and reverence from the People but these Preachers more active then their Predecessors and wiser then the Lawes have found out a better forme of Government the King must bee more absolute Monarch then any of his Predecessors and to them hee must owe it though in the meane time they hazzard the hearts of his people and involve him into a thousand difficulties For suppose this forme of Government were inconvenient and yet Master Speaker this is but a supposition for these five hundred yeares it hath not onely mainteined us in safety but made us victorious over other Nations but I say suppose they have another Idea of one more convenient wee all know how dangerous Innovations are and what hazzard those Princes runne that enterprise the change of a long established Government Now Master Speaker of all our Kings that have gone before and of all that are to succeed in this happy race why should so pious and so good a King bee exposed to this trouble and hazzard besides that Kings so diverted can never doe any great matter abroad But Master Speaker whiles these men have thus bent their wits against the Lawes of their Countrey whether they have neglected their owne Province and what Tares are growne up in the field which they should have tilled I leave it to a second consideration not but that Religion ought to bee the first thing in our purposes and desires but that which is first in dignity is not alwayes to precede in order of time for well-being supposes a being and the first impediment which men naturally indevour to remove is the want of those things without which they cannot subsist God first assigned unto Adam maintenance of life and gave him a title to the rest of the Creatures before he appointed a Law to observe And let me tell you if our adversaries have any such designe as there is nothing more easie then to impose Religion on a People deprived of their Liberties so there is nothing more hard then to doe the same upon Freemen And therefore Master Speaker I conclude with this motion that an order may bee presently made that the first thing this House will consider of shall be the restoring this Nation in generall to the fundamentall and vitall Liberties the propriety of our goods and freedome of our Persons and that then wee will forthwith consider of the supply desired and thus wee shall discharge the trust reposed in us by those that sent us hither his Majesty will see that wee make more then ordinary haste to satisfie his demands and wee shall let all those know that seeke to hasten the matter of supply that they will so far delay it as they give interruption to the former A Speech made by the Honourable DENZELL HOLLES Esquire at a Conference by a Committee of both Houses of Parliament in the painted Chamber May 4. 1641. in the presenting of the Protestation My Lords THe Knights Citizens and Burgesses of the House of Commons having taken into their serious consideration the present estate and condition of this Kingdome they find it surrounded with variety of pernitious and destructive designes practices and plots against the well-being of it nay the very being of it and some of these designes hatched within our owne
try the fitnesse of the block and take it up again before he would lay it down for good and all and so he did and before he layd it dow again he told the Executioner that he would give him warning when to strike by stretching forth his hands and then laid down his neck on the block stretching out his hands the Executioner struck off his head at one blow then took the head up in his hands and shewed it to all the people and said God save the King SIXTEENE QVERIES Propounded by the Parliament of Ireland to the Judges of the same Kingdome THat the Judges may set forth and declare whether the Inhabitants of this kingdome be a free people or whether they be to be governed onely by the antient common lawes of England II. Whether the Judges of the Land doe take the Oath of Judges and if so whether under pretext of any Acts of State Proclamation Writ Letter or direction under the great or privie Seale or privie Signet or Letter oâ—other commandement from the Lord Lieutenant Lord Deputie Justice Justices or other chiefe Governor or Governors of this Kingdome they may hinder stay or delay the suite of any subject or his judgement or execution thereupon if so in what cases and whether if they doe hinder stay or delay such suite judgement or execution what punishment they incurre by the Law for their deviation and transgression therein III. Whether the Kings Majesties privie Counsell either together or with the chiefe Governor or Governors of this Kingdome without him or them be a place of Judicature by the common Lawes where in case between party and party for Debts Trespasses Accounts Covenants possessions and title of Land or any of them and with them may be heard and determined and of what civill Causes they have jurisdiction and by what Law and of what force is their order or Decree in such cases or any of them IV. The like of the chiefe Governors alone V. Whether Grant of Monopolies be warrantable by the Law and of what and in what Cases and how and where and by whom are the Transgessors against such Grantees punishable and whether by Fine and mutilation of Members imprisonment losse and forfeiture of goods or otherwise and which of them VI. In what Cases the Lord Deputie or other chiefe Governors of this Kingdome and Counsell may punish by Fine imprisonment Mutilation of Members Pillory or otherwise they may sentence any to such the same or the like punishment for infrigeing the commands of any Proclamation or Monopolie and what punishment doe they incurre that doevote for the same VII Of what force is an Act of state or Proclamation in this Kingdome to bind the liberty goods possessions or inheritance of the natives thereof whether they or any of them can alter the common Law or the infringers of them lose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State or Proclamation or both and what punishment doe the sworne Judges of the Law that are privie Counsellors incurre that vote for such Act and execution of it VIII Whether the subjects of this Kingdome be subiect to the Marshall Law and whether any man in time of peace no enemy being in the fields with displayed colours can be sentenced to Death if so by whom and in what cases if not what punishment doe they incurre that in time of peace execute Marshall Law IX Whether voluntary Oathes taken freely before Arbitrators or others for affirmance or disaffirmance of any thing or for the true performance of any thing be punishable in the Castle-Chamber or in any other Court and why and wherefore X. Why and by what Law and upon what Rule of policie is it that none is admitted to reducement in the Castle-chamber untill he confesse the offence for which he is censured when as Revera he might be innocent therof though subordined proofes or circumstances might induce him to be censured XI Whether the Judges of the Kings Bench and by what law doe or can deny the copies of Indictments of Fellony or Tyeason to the parties accused of Treason contrary to the statute of 42. Edw. 3. XII Whether the statute of Baltinglase take from the Subiâ—cts out-lawed for Treason though erroniously the benefit of his Writ of Error and how and by what meanes that blinâ— clause not warranted by the body of that Act came to be interted and by what Law is it countenanced to the diminution of the liberty of the subject XIII What power have the Barons and the Court of Exchequer to raise the respite of homage Arbitrarily to what value they please and to what value they may raise it and by what law they may distinguish betweene respite of homage upon the diversities of the true value of the Fees when as all Escuage is the same for great and small Fees and they apportionable by Parliament XIIII Whether it 's censurable in the subjects of this Kingdome to repaire into England to appeale to his Majesty for Redresse of Jnjuries or for other their accusers if so why and in what condition of persons and by what law XV. Whether Deanes and other Dignitanies of Cathedrall Churches be properly de mero jure donative by this King or not elective or collative if so why and by what law and whether the confirmation of a Deane de facto of the Bishops Grantee be good and valid in the law or no if not by what law XVI Whether the issuing of Quo Warranto's against Burroughes that antiently and recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament be legall CAPTAINE AVDLEY MERVINS SPEECH To the House of Commons in Ireland Mr. Speaker IT was equall care and policy in our Predecessours First to lay a foundation and then by a continued industry to build and perfect so glorious a fabrique as the house of Commons lawfull summoned by the Kings writ represents it selfe unto us at this day In which so elaborate and exquisite a structure being finished and crowned with those fruitfull and peace-speaking events may challenge by right the title of a Jubile To so great a modell with neate and provident husbandry they intend no lesse then sutable furniture which allowed pride disdaine to cloath it with any other but with what by his Majesties favour they had procured out of his owne store I meane those great and large priviledges which by severall acts of royall favor have bin dispensed annexed nay hypostatically united to the same Priviledges are the soule by which we move the Sinnes and Nerves by which we are compacted they are them by which we breath Priviledges for their birth allyed to the Kings Prerogative for their antiquity sacred for their strength so re-intrenched by common law fortified by statutes insconsed by precedents of all times that no man ever attempted their violation with impunity so that now and then it may be truly said The Kings
publike service as well to prove a sentence not then in rerum natura both Law and charity in a benigne construction of these two ends will allow the more favourable Another objection is whispered that the entrance is not found in the Clerk of the Parliaments Role This is no matter to the validity of his election for his priviledge commenced 40 dayes before the Parliament therefore this and the like are to be judged of as accidentia quae possunt abesse adesse sine subjecti interitu Truely Mr. Speaker my memory and lungs begin to prove Traytors to me Another objection if omitted may be judged by these of what strength and maturity they even as by the coynage of a penny one may iudge of a shilling What hinders then since here is waâ—er but that he may be baptized Here are no non obstant's to be admitted in his new Pattent of Denization the common law the Statute law the Canon the Civill law plead for his admittance the writ of election the exemplification of the Sheriffs return all presidents of all ages all reports plead for his admittance our fore-fathers Ghosts the present practice of Parliaments in England plead for his admittance the Kings successive commands command and confirm his admittance Away then Serieant and with the hazarding power of our Mace touch the Marshals gates and as if there were Divinity in it they will open and bring us our Olive branch of peace wrested from our stock that with welcome Art we may ingraft him to be nourished by a common root Thus the King shall receive the benefit of an able subject who is otherwise civiliter mortuus we enjoy the participation of his labour and posterity both ours and this CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 40. 1640. Concerning the impeachment of Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common Pleas and Sir George Ratcliffe Knight with high Treason by the Knights Citizens and Burgesses of the Commons House My LORDS I Am commanded by the Knights Citizens and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie the gray headed Common Lawes funerall and the Active Statutes death and obsequies this dejected spectacle answers but the prefiguring Type of Caesars murther wounded to the death in the Senate And by Brutus his bosome friend our Caesars image by reflexion even the fundamentall Lawes and Statutes of this Kingdome the sole means by which our estates are confirmed our liberties preserved our lives secured are wound to death in the Senate I mean in the Courts of Justice and by Brutus too even by those persons that have received their beings and subsistence from them so that here enters those inseparable first Twins Treason and Ingratitude In a plain phrase My Lords I tender unto you Treason High Treason such a Treason that wants nothing but words to expresse it To counterfeit the Kings Seale to counterfeit the Kings money it is Treason but this dyes with the individuall partie To betray a Fort is Treason but it dies with a few men To betray an Army is a Treason but it dyes with a limited number which may be reinforced again by politique industry To blow up both Houses of Parlament is Treason but succeeding ages may replant Branches by a fruitfull posterity but this High Treason which I do move in the name of the Houses of Commons charge and impeach Sir Richard Bolion Knight Lord Chancellour of Ireland and Sir Gerard Lowther Knight Lord Chief Iustice of the Common Pleas Iohn Lord Bishop of Derry Sir George Ratcliffe Knight is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this What is it to subvert the fundamentall Lawes of this Kingdome High Treason What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expence I mean the Statute lawes what is it but High Treason What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government High Treason What is it since his Majestie the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects to present him personated in their extrajudiciall censures and judgements but to possesse it possible the hearts of his loyall Subjects of this Kingdome That he is a bloody and devowring Tyrant and to provoke their never dying alleageance into a fatall and desperate Rebellion What is it to violate the sacred Graunts of many of his Majesties Progenitors Kings and Queenes of England confirmed under the broad Seale being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty and the Earl of Stofford are placed in one and the same sphear allowing them but equall influencies to nourish the alleageance of this Kingdome what is this but to extoll other then Regall Authority and to crucifie the Majestie of our most gracious Soveraign betwixt the two Theeves of Government Tyranny and Treason My Lords having such a full and lasting Gale to drive me into the depth of these accusations I cannot hereby steere and confine my course within the compasse of patience since I read in the first volumes of their browes the least of these to be the certain ruine of the Subject and if prov'd a most favorable Prologue to usher in the Tragedie of the Actors Councellers and Abetters herein What was then the first and main question it was the subvertion of the fundamentall Lawes of this Kingdome let then magna Charta that lies prostrated besmeared and groveling in her own gore discount her wounds as so many pregnant and undeniable proofs mark the Epethite Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice a Charter which imposeth that pleasant and welbecomming oath upon all Soveraigntie to vindicate and preserve the Immunitie thereof before the Crown incircle their Royall Temples in this oath of so high consequence and generall interest his Majesty doth in a manner levie a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice And this oath is transplanted unto the Judges as the Feoffees in trust appointed between his Majestie and the Subject and sealed by his Majesties provident care with that imphaticall penalty that their estates and lives shall be in the Kings mercy upon the violation of the same either in whole or in part neither hath the deserved punishment for the breach of this oath
offences were contrived committed perpetrated and done at such time as the said Sir Richard Bolton Sir Gerard Lowther and Sir George Radcliffe Knights were privy Counsellors of State within this Kingdom and against their and every of their oathes of the same at such times as the said Sir R. Bolton Kt. was Lord Chancellor of Ireland or chief Baron of his Majesties Court of Exchequer within this Kingdom and Sir Gerard Lowther Knight was Lord chief Justice of the said Court of Common Pleas and against their Oathes of the same and at such time as the said John L. Bishop of Derry was actuall Bishop of Derry within this Kingdom and were done and speciated contrary to their and every of their allegiance severall and respective oathes taken in that behalf IV. For which the said Knights Citizens and Burgesses do impeach the said Sir Richard Bolton Lord Chancellor of Ireland Iohn L. B. of Derry Sir Gerard Lowther Kt. L. chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Kt. aforesaid and every of them of high Treason against our Soveraign Lord the King his Crown and Dignity The said Knights Citizens and Burgesses by Protestation saving to themselves the liberty of exhibiting at any time hereafter any accusation or impeachment against the said Sir Rich. Bolton Iohn L. Bishop of Derry Sir Gerard Lowther and Sir George Radcliffe aforesaid and every of them and also of replying to them and every of their answers which they and every of them shall make to the said Articles or any of them and of offering proof also of the premisses or of any other impeachment or accusation as shall be by them exhibited as the case shall according to the course of Parliament require And the said Knights Citizens and Burgesses do pray that the said Sir Richard Bolton Knight Lord Chancellor of Ireland Iohn Lord Bishop of Derry Sir Gerard Lowther Knight Lord chief Justice of his Majesties said Court of Common Pleas and Sir George Radcliffe Knight and every of them be put to answer to all and every of the premisses and that all such Proceedings Examinations Triall and Iudgement may be upon them and every of them had and used as is agreeable to Law and Justice Copia vera Signed PHILIP PHERNESLY Cler. Parliamenti Sir Thomas Wentworths speech XXij d. Martij 1627. MAy this dayes resolution be as happy as I conceive the proposition which now moves me to rise is seasonable and necessary for whether we shall look upon the King or the people it did never more behove this great Physitian the Parliament to effect a true consent towards the parties then now This debate carryes with it a double aspect towards the Soveraign towards the Subject though both innocent both injured both to be cured In the representation of injuries I shall crave your attention in the Cures I shall beseech your equall cares and better judgements surely in the greatest humility I speak it these illegall waies are marks and punishments of indignation The raising of Leavies strengthned by Commission with unheard of instructions the billetting of Souldiers by Lievetenants without leave have been as if they could have perswaded Christian Princes nay Worlds the right of Empire had been to take a way by strong hand and they have endeavoured as far as was possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors They have extended the prerogative of the King beyond the just Center which was the sweet harmony of the whole They have rent from us the light of our eyes inforced a company of Guests worse than the Ordinaries of France vitiated our wives and daughters before our faces brought the Crown to greater want than ever it was by anticipating the Revenue and can the Shephard be thus smitten and the flock not scattered They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government imprisoning us without Bail or Bond. They have taken from us what shall I say indeed what have â—hey left us all mean of supplying the King and ingratiating our selves with him taking up the roots of all propriety which if it be not seasonably set into the ground by his Maiesties hand we shâ—ll have instead of beauty baldnesse To the making of them whole I shall apply my self and propound a remedy to all these diseases by one and the same thing hath the King and people been hurt and by the same must they be cured to vindicate what New things No. Our ancient sober vitall liberties by reinforcing of the ancient Lawes made by our Ancestors by setting such a Character upon them as no licentious spirit shall dare hereafter to enter upon them And shall we thinke this away to break a Parliament Nâ— Our desires are modest and iust I speak truly both for the interest of the King and People If we enjoy not those it will be impossible to relieve him Therefore let us never fear that they shall not be accepted by his goodnesse Wherefore I shall descend to my motions which conconsists of four parts two of which have relation to the persons two to the propriety of goods for the persons the freedome of them from imprisoning Secondly from employments abroad contrary to the ancient customes for our goods that no leavies may be made but in Parliament Secondly no billetting of Souldiers It is most necessary that these be resolved that the Subiects may be secured in both Then for the manner in the second place it will be fit to determine it by a Grand Committee Sir Thomas Wentworths Speech 21. of Aprill Anno 1628. Right wise Right worthy TOo many instigations importune the sequell of my words First the equitie of your proceedings Secondly the honesty of my request for I behold in all your intendments a singularity grounded upon discretion and goodnesse and your consultations steered as well by Charity as extremity of justice This order and method I say of your procedings together with the importunity offered of the Subject in hand have emboldned me to solicite an extension of the late granted protections in generall The lawfulnesse and honesty of the propositions depends upon these two particulars I. The present troubles of the parties protected having run themselves into a further and almost irrecoverable hazards by presuming upon and feeding themselves with the hopes of a long continuing Parliament II. Let the second be this consequence That that which is prejudiciall to most ought to minister matter of advantage to the rest sith then our interpellations and disturbances amongst our selves are displeasing almost to all if any benefit may be collected let it fall upon those for I think the breach of our Session can befriend none but such nor such neither but by means of the grant before hand And because it is probable that his Majesty may cause a Remeeting
head should swell too great and monstrous It may be easily thought for Monarchy againe may sooner groan under the weight of an Aristocracie as it once did then under Democracie which it never yet either felt or fear'd Sir John Hollands Speech in Parliament 1640. Mr. Speaker THe time of actions are not for rethorick and elocution which emboldens me to rise And though I must acknowledge my selfe to be one of the yongest Schollers and meanest proficients in this great Schâ—ole of wisedome yet I conceive it a great part of my duty at this time both to deliver my suit and conscience We are called hither Master Speaker by the Royall power we sit here by the Kings Majesties grace and favour and since his Majesty hath beene graciously pleased to leave the government of all in our hands I doubt not but we shall lay such a foundation in the beginning of this Parliament that we shall make it a happy Age a long lasting one since the dangers of these times the present distempers of this State and therein both his Majestie and our necessities yea and the whole Kingdomes safety do require it We are called now Master Speaker as I conceive from the reports you have made of his Majesties gracious Declaration for foure principall causes First for supply of his Majesties wants Secondly for the relief of our Brethren in the Northern parts Thirdly for the remove of the Scots forces Fourthly for redresse of ourowne grievances That his Majesties wants are great and many Master Speaker I thinke there is no man doubts it and it is as cerâ—ain out grievances are so to they are great and many both in Church and Common-wealth I shall but touch them in either since they have been so fully remonstrated in both First in the Church by the usurping power of some Prelates and their adherents by which means many great dangers innovations of doctrines of discipline of government have been thrust upon us Secondly in the Church by publique sufferances of Priests and Jesuits not only to come into the land by which means the number of Romish Catholiks are dangerously multiplied Idolatry increased and Gods heavie judgements highly provoked Thirdly in the Common-wealth by the late inundations of the Prerogative Royall which have broken out and almost overturned all our liberties even those which have been best and strongest fortified the Grand Chartea it self Mr. Speaker that which hath been so oft so solemnly confirmed in the Succession of so many Princes ratified in his Majesties name founded by the wisedome of former ages purposely to keepe the beame over and between Soveraignty Even this Master Speaker the dearest and chiefest part of our inheritance hath been infringed broken and set at nought in the Common-wealth by the over-potencie of some faire great ones sacred Councellors of State by whose advices it is thought the greatest part of these present distempers under which the body of this Common-wealth at this time labours doe deprive their originalls Fourthly in the Common-wealth by the mischievous practises and policies of some subtill Projectors and under the title of the Kings profit and the publique good they have entitled themselves to great and vast estates and that by the dammage of the whole Kingdome They are Master Speaker the very moths and cankers that have fretten and eaten out all Trade and commerce the very beauty strength and health of this famous Island In the Common-wealth by the entertainment of Forraigners and strangers and that at his Majesties excessive charge by which means his Majesties Coffers are emptied his Revenues shortned and the whole Kingdome many other wayes oppressed But Master Speaker I shall not trouble my selfe any further in so vast so large a field I shall now represent my owne weak apprehensions for our progressions in all the particulars for which we have been called and in all humility submit unto them First of supply in his Majesties wants I do humbly desire we may proceed there within its due time and that with as much loyall dutie and liberality as ever any people expressed towards their Prince I think I may say the present affairs of the Kingdome require it For the reliefe of our Brethren in the Northern parts with a sense of charity and fellow feeling of the miseries afflictions and losses In the removing of the Scottish Armie with a soft and gentle hand of mediation purification and reconciliation if possible it may be wrought with his Majesties honor and the Kingdomes safety if not then to repell and repulse them with stout and resolute spirits with valiant and united hearts and hands such as shall best suite with our duty to God our King our Country such as shall best become his honor and ancient renowne of this English Nation In redresse of our grievances in those of the Church which ought to have priority in our consultation as well in respect of necessity as dignity In these Master Speaker I do humbly desire and doubt not but we shall proceed with all true piety and well grounded on each guiding Helve towards Gods House and his truth In those of the Communalty with a religious care of our Countries freedom in the faithfull performance of the trust reposed in us by them that sent us in the preservation of our rights our ancient rights the rights of our inheritance our liberties our priviledges our properties Yet in all Mr. Speaker I do humbly desire we may proceed as best suiting the matter and condition of these distempered times or as best becoming the honour dignity and wisedom of this so great a Court so great Councell with all temper modesty and all due moderation SIR EDWARD HALE HIS SPEECH Mr. Speaker HIs Majesty hath been graciously pleased to call us together again to consider freely of all matters of grievances both of this Church and Common-wealth of England and for to be assistants in our Counsels and helps unto him about the Scottish Nation that forceably have entred into our Kingdom so as they may be ordered into their own Country or chased away out of this without any dishonour to the Kings Majesty and this Kingdome all which matters are of great importance moment and consequence and will crave great consideration and debating in our best wills wisedoms and discretions and that must be freely to give us leave First therefore under your favour I do conceive it fit to make this a happy Parliament to begin at home For better it were the Scots come unto us than the devill should raise his Army to overthrow us both in Church and Common-wealth For it is too plaâ—â—â— he is come with great power and his malice is great and his policy strong put into the heads of the Papists no mean ones and Prelates Schismaticks and Atheists in severall Bands which hath and seeketh to prevail so much by their severall designes Carefully lovingly and dutifully mentioned and rightly too by the Lords Petition at York and by a Petition of
the Citizens at London and also by a Petition of worthy Gentlemens sons Apprentices thereof so reputed to be All which show the whole estate of our Church and Common-wealth to be grievously diseased of a Plurisie and must have a present and good cure or else England is overthrown which is the mother and Almoner of the Kings well-fare and his posterity Which disease the King not fearing nor knowing he had some ill counsell to let it run so farre in jeopardy of trouble and distresse And herein give me leave to tell you the story of Noah a King in the the Ark yet after he was over-shot and taken by the Vines of his own planting and brought himself to some dishonour thereby as some use our English Kings heretofore have done by their favourites untill they saw it and this is it that made the Papists and Prelates rejoyce in their own wisedom and honour like Chams that saw his father so deceived but such deserve a curse for it both of God and man in respect of the matters contained in the foresaid Petitions of our English Lords as also for that the former Parliament might have settled all things in quiet enriched the Kings Coffers enabled to withstand all powerfull pretences and no doubt but to have qualified the humour of the Scots to all our contents Therefore these deserve the curse of Cham that were movers and stoppers and hinderers of it When things might have been composed convenient without warre or strife and not upon so extreme necessity which is now brought upon us and maketh the Scots proverb in use necessity hath no 〈◊〉 for their defence But now our Proverb is drawn frâ—â— thence we must make a vertue of necessity a hard case for a good take heed and counsell For since the plot of an after intended warre had an ill policy that would wrong good Noah their father and his children in such a manner of proceeding and then in glory and defence of it against this House of Commons cause a booke to be published against our proceedings these men which were the cause of publishing of it are fit to publish 't as Noahs cursed son Cham shamelesse And we for our parts in the House of Commons together with the higher House of Lords I hope will not so leave them but be rejecters of them as good Shem and Japheth acknowledging them to be vain members that go about to supplant our wrong the Vineyard our just King and his Kingdom Now therefore consider the former it shall be fit before we enter upon conference to be strengthened and enabled for discharge of our well meaning both to our King and Country answerable to his late speech to gain and obtain his free love consent power on these three points and cautions handled and moved the last meeting First free liberty of speech Secondly each ones right to our selves Thirdly for reformation of Religion And these things granted to proceed freely without delay of time or matters to the cure of such deadly diseases if they be let alone First I would conceive under favour of bette judgements to begin with Sathans Roots of evill viz. All Papists because they are of the most dangerous seed of the Serpent to the hurt of the Church and Common-wealth herein that we agree with a generall consent of Parliament to search see and finde out all the Jesuits Priests Friars Cappuchines and all such Romish factions and by order to all the Justices of Peace in England to imprison them or to send them all to some out-Townes to banish them all out of the Land speedily while you be in other Councell here sitting and thence to ship them away at their owne chages and upon good bonds and security that they never return into England Scotland or Ireland and if they should both the bonds and the Lawes to be executed upon them And for other long Inhabitants Papist and Recusants such as may seeme honest Subjects only for Religion the old orders and Statutes to be put in execution without the abatement of the penalties till they shall conforme to our Religion and if any have wincked or underhand compounded for the time past to be punished and made pay so much unto the Kings Cofers as justly due by the Statute ever since King Charles his Raigne The first course and Act of Parliament being speedily put in execution whilest we sit here will not only excuse the pretended charity that Papists hope for from the King and Queen but will also manifest the true piety against their heresies for ever and will be a good satisfaction to the Scots which make these one of the chiefest intents and causes of their comming into this Kingdome which we wish they had no worse intents and sure it will be a means to try their intents and our owne too and then we have hope to entreat the Scots to stay our leisures Sir John Wray his Speech touching the Canons the 15. of December 1640. Mr. Speaker A Man may easily see to what tend all these innovations and alterations in Doctrine and Discipline and without perspect time discover a farre off the active toylsomenesse of these spirituall Ingineeres to undermine the old and true foundation of Religion and establish their tottering heresie in Rome thereof which least it should not hold being built with untempered morter You see how carefull they are by a past oath to force mens consciences not to alter their government Archiepiscopall And Master Speaker the thoughts of the righteous are right but the counsells of the wicked are deceits and nothing else in their hearts but destructions and devastations but to the counsellors of peace is joy so long as they kept themselves within the circle of the spirituall commerce and studied to keepe mens hearts upright to God and his Truth there was no such complaining in our Streets of them nor had we never seene so many thousand hands against them as now there are come in And no marvell though God withdrawes so many hearts and hands from them who had turned so many out of the way of truth vita tuta they have stopt up but via devia they have enlarged and layd open as appears by their crooked Canons Master Speaker I shall not goe about to overthrow their government in the plurall but to limit it and qualifie it in some particulars For Sir Francis Bacon long since well observed there two things in the government of Bishops of which he could never be satisfied no more can I the first was the sole exercises of the authorities And secondly by the deputation of that authority But Master Speaker I shall not now dispute of either for mine own part Master Speaker I love some of them so well and am so charitable to the rest that I wish rather their reformation then their ruine But let me tell you withall that if we should finde amongst them any proud Becket or Wolsey Prelates who stick not to write
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
profession and enter upon the work of another robe Since I have bin intrusted by the report of a learned Committee and confirmed by the uncontradicted rule of the House since I shall say nothing of this kind but in order to somewhat further And which moves me most to venture my opinion and to expect your pardon since I am confident that History alone is sufficient to shew this judgement contrary to our Laws and Logick alone sufficient to prove it destructive to our propriety which every free and noble person values more then his possession I will not professe I know of my selfe and all those who know me know that my naturall disposition is to decline from severity much more from cruelty That I have no particular provocations from their persons and have particular Obligations to their calling against whom I am to speak And though not so much yet far more then I have so I hope it will be believed that only publick interest have extorted this from me and that which I would not say if I conceived it not so true and so necessary that no undigested meat can lie havier upon the stomach then this unsaid would have lain upon my Conscience Mr. Speaker the constitution of this Common-wealth hath Established or rather endeavored to Establish to us the security of our goods and the security of those Laws which would secure us and our goods by appointing for us Judges so settled so sworn that there can be no oppression but they of necessity must be accessary since if they neither deny nor delay us Justice which neither for the great nor little seale they ought to doe the greatest Person in this Kingdome cannot continue the least violence upon the meanest But this security Mr. Speaker hath been almost our ruine for it hath been turned or rather turned it self into a Battery against us And those persons who should have been as Dogs to defend the Sheep have been as Wolves to worry them These Judges M. Speaker to instance not them onely but their greatest crime have delivered an opinion and judgement in an extrajudiciall manner that is such as came not within their cognizance they being Judges and neither Philosophers nor Politicians In which when that is so absolute and evident the law of the land ceases and of generall reason and equity by which particular laws at first were framed returnes to his throne and government where salus populi becomes not only suprema but sola lex at which and to which end whatsoever should dispence with the King to make use of any mony dispences with us to make use of his and one anothers In this judgement they contradicted both many and learned Acts and Declarations of Parliaments and those in this very case in this very reign so that for them they needed to have consulted with no other record but with their memories 2 They have contradicted apparent evidences by supposing mighty and eminent dangers in the most Cerene quiet and halcian dayes that could possibly be imagined a few conceptible pirats being our most formidall enemies and there being neither Prince nor State with whom we had either Alyance or Amity or both 3 They contradict the writ it selfe by supposing that supposed danger to be so suddaine that it would not stay for a Parliament which required but forty daies stay and the writ being in no such haste but being content to stay seventimes over Mr. Speaker it seemed generally strange that they saw not the Law which all men else saw but themselves Yet though this begot the more generall wonder three other particulars begot the more generall indignation The first of all the reasons for this judgement was such that they needed not any from the adverse party to help them to convert those few who before the last suspition of the legallity of that most illegall writ there being fewer that approved of the judgement then there were that judged it for I am confident they did not that themselves Secondly when they had allowed to the King the sole power in necessity the sole judgement of necessity and by that enabled him to take both from us what he would when he would and how he would they yet continued to perswade us that they had left us our liberties and proprieties The third and last is and which I confesse moved most That by the transformation of us from the state of free subjects a good phrase Mr. Speaker under Doctor Heylens favor unto that of Villeins they disable us by Legall and voluntary supplies to expresse our affections to his Majesty and by that to cherish his to us that is by Parliaments M. Speaker the cause of all the miseries we have suffered and the cause of all our jealousies we have had that we should yet suffer is That a most excellent Prince hath been most infinitely abused by his Judges telling him that by policy he might doe what he pleased with the first of these we are now to deale which may be a leading to the rest And since in proving of these Laws upon which these men have trampled our Ancestours have shewed their urmost care and wisdome for our unaffected security words having done nothing and yet have done all their words can doe we must now be forced to think of abolishing of our grievances of taking away this judgement and these Judges together and of regulating their successors by their examplary punishment I will not speak much I will only say we have accused a great Person of high Treason for intending to subvert our fundamentall Laws and to introduce arbitrary Government which we suppose he meant to doe we are sure these have done it there being no Law more fundamentall than that they have already subverted and no government more absolute than they have really introduced Mr. Speaker not only the severe punishment but the suddaine removall of these men will have a suddain effect in one very considerable consideration We only accuse and the House of Lords condemn In which condemnation they usually receive advise though not direction from the Judges And I leave it to every man to imagine how prejudiciall to us that is to the Common wealth and how partiall to their fellow malefactors the advice of such judges is like to be How undoubtedly for their own sakes they will conduce to their power that every action be judged to be a lesse fault and every person to be lesse faulty then in Justice they ought to doe Amongst these Mr. Speaker there is one that I must not lose in the crowd whom I doubt not but we shall finde when we examine the rest of them with what hopes they have been tempted by what fears they have been assaid and by what and by whose importunity they have been pursued before they consented to what they did I doubt not I say but wee shall then finde him to have been a most admirable solicitor but a most abominable Judge hee it
called them that have been the Authors of those Evils and the Troublers of our Israel doe go unpunished it will never be better with us for now during Parliament like frozen Snakes their poyson dryes up but let the Parliament dissolve and then their poyson melts and scatters abroad and doth more hurt then ever What then must be done Why what the Playster cannot doe must be done by the Law Ense recidendum est ne pars sincera trahatur I can not better English it then in the words of a King Let them be cut of in their wickednesse that have framed mischiefe as a Law My conclusion Mr. Speaker is this Let the wofull violation of the State of Monopolies and the Petition of Right be made Felony or Premunire at the least but yet in the interim let them be made examples of punishment who have been the Authors of all those miseries according to the Counsell of Salomon Take away the wicked from before the King and his Throne shall be Established in Righteousnesse To the right Honorable the Lords Spirituall and Temporall in the high Court of Parliament assembled The humble Petition of Thomas Earle of Strafford his Majesties Lievtenant Generall of Ireland Most humbly sheweth THat in obedience to your Lordships order and in due respect and acknowledgment of your noble justice you vouchsafed this your Petitioner the other day he now expresseth in writing that humble request that he then made concerning the examining of witnesses which with your Lordships favor was this 1 That there might be no admission of any examination of witnesses in the cause till your Petitioner hath put in his answer to the charge of Treason exhibited against him 2 That after answer no witnesses should be examined before your Petitioner had the names of such witnesses delivered unto him by your Lordships order to the intent as by his Councell he should be advised he might either except against such witnesses or crosse-examine them 3 That before either of these two points should be over-ruled against your Petitioners your Lordships would be honorably pleased to heare him by his Councell at the Barre to shew cause why he humbly conceives his desires herein to be just and reasonable Finally your Petitioner humbly craves your Lordships remission if his Petition be not so formall as it ought and might be had he the help of Councell And shall ever with all expression of duty and thankfulnesse retaine in full memory your Lordships most honourable Justice and noble respects to your Petitioner the other day and pay your Lordships the duties of this whole life for the same and alwayes and unfainedly pray for your most noble Lordships increase of all everlasting honour and happinesse Concerning the Prices of Wine c. Die Mercurii Maii 26. 1641. UPon the whole matter of the Report It was resolved upon the question 1 That the Patent for the payment of 40 shillings per Tun on the Wines by the Merchants is illegall in the creation and a grievance 2 That the imposition of a penny on a quart on French Wines and two pence on a quart on Spanish Wines is a grievance 3 That the Patent of the imposition of 40 shillings per Tun is a grievance in the execution 4 That Alderman Abel and Master Richard Kilvert are the principall Projectors both in the creation and execution of this illegall imposition of 40 shill per Tun. Resolved upon the question That there shal be a Bill prepared declaring the offences of Alderman Abel and Richard Kilvert to the end they may be made exemplary Resolved c That a select Committee be named to examine who were the Referrers Advisers Sharers Complotters and Contractors and those that have received any bribe or benefit by this Patent and who drew the Patent Resolved c. That the Proclamation dated the 15th of July in the 14th yeare of the King prohibiting the Wine-Coopere to buy and sell Wine is illegall and against the liberty of the Subject Resolved c. That the Decree-made in the Star-chamber in December 1633. prohibiting retailing Vintners to dresse meat in their own houses to sell againe to guests is illegall and against the liberty of the Subject Sir Thomas Rowe his Speech at the Councell Table touching Brasse-Mony or against Brasse-Money with many notable observations thereupon July 1640. MY Lords since it hath pleased this Honorable table to command amongst others my poore opinion concerning this waighty proposition of money I must humbly crave pardon if with that freedome that becometh my duty to my good and gracious Master and my obedience to your great commands I deliver it so I cannot my Lords but assuredly conceive this intended project of infeobling the Coyn will trench very far both into the honor of Justice and profit of my Royall Master All estates do stand Magis faâ—â—a quam vi as Tacitus saith of Rome And wealth in every Kingdome is one of the essentiall marks of their greatnesse and is best expressed in the measures and purity of their moneys Hence it was that so long as the Romane Empire a pattern of the best Government held up their glory or greatnesse they ever maintained with little or no change the standard of their Coyn but after the loose time of Commodus had led in need by excesse and so by that shift of changing the standard the Majesty of that Empire fell by degrees And as Vopiscus saith the steps by which that State descended were visible most by the generall alteration of their Coynes and there is no surer simptomes of consumption in State then the corruption of the Money What Renowne is left to the Posterity of Edw. 1. in amending the standard both in puritie and weight from that of elder and barbarous times it must needs stick as a blemish upon Princes that do the contrary Thus we see it was with Hen. 6. who after he had begun with abaiting the measures he afterwards fell to abasing the matter and grâ—nted Commission to Missend and others to practise Alcamie to serve his Mint The extremity the State in generall felt by this agrievance besides the dishonor it layd upon the person of the King was not the least disadvantage his disloyall kinsman tooke to ingrace himselfe into the peoples favours to his Soveraigns Reign When Hen. the 8th had gained as much of power and glory abroad of love and obedience at home as ever any he suffered a losse by this Rock When his Daughter Queene Elizabeth came to the Crowne she was happier in Councell to amend that error of her Father for in a memoriall of the Lord Treasurer Burleighs his hand I finde that he and Sir Thomas Smith a grave and learned man advised the Queen that it was the Crown and the true wealth of her selfe and people to reduce the standard to the antient party and purity of her great Grandfather Edward the 4th and that it was not the short end of wits nor starting holes
of devises that can sustain the expence of a Monarchy but sound and solid courses for so are the words She followed their a devise and began to reduce the money the moneys to their elder goodnesse stiling this worke in her first Proclamation Anno 30. a famous Act. The next year following Anno 30. having perfected as it after stood She telleth her people by another Edict That She had conquered now that monster that had so long devoured them meaning the variation of the standard And so long as that sad adviser lived She never though often by Projectors importuned could be drawne to any shift or change in her Moneys To avoyd the trouble of permutation Coyners devised as a rule and measure of Marchandize and Manufactaries which if mutable no man can tell either what he hath or what he oweth no contract can be certain and so all commerce both publike and private destroyed and men again enforced to permutation with things not subject to will and fraud The Regulating of Coyn hath been left to the care of Princes who have ever beene presumed to be the Fathers of the Common-wealth upon their honors they are debtors and warrants to the subjects in that behalfe They cannot saith Bodin alter the price of moneys to the preiudice of the subiect without incurring the reproach of Faux moneyars And therefore stories terme Phillip le Belle falsificator de monet omnino monet integritas debet quaeri ubi vultiis noster Imprimatur said Theodoret the Goth to his Mint-master Quidnam erit tutum si nostra peccetur effigie Princes must not suffer their faces to warrant falshood Although I am not of opinion with the Minor des Justices the ancientest books of the Common-Law That Le Roy ne poit sa money impaire ne a mander saus Lassent des touts les Counties which was the great counsell of the Kingdome Yet cannot I passe over the goodnesse and grace of many other our Kings as Edw. 1. Edw. 3. Hen. 4. and the 5th and others who out of the rule of their Justice Quod ad omnes specrat ob omnibus debet approbari have often advised with their people in Parliament both for the Allay weight number of peeces rate of Coynage and exchange and most with infinite goodnesse acknowledg the care and Justice now of my good Master and your Lordships wisedomes that would not upon the information of some few officers of the Mint before a free and carefull debate put in execution this Proiect. Yet I must under your Lordships favour suspect it would have taken away the tenth part of every mans due debt or rent alreadie reserved throughout the Realm not sparing the King which could have been little lesse then a species of that which the Roman stories call Tabula nova from whence every sedition hath sprang as that of Marius Grantidianus in Livio who pretending in his Consulship thatt the currant money was wasted by us called it in and altered the Standard which grew so heavie and grievous to the people as the Author sayth because thereby no man knoweth certainly his wealth that it caused a tumult In this last part which is the disprofit that the enfeobling the Coyn will bring both to his Maiesty and to the Common-wealth I must distinguish the moneyes of gold and silver as they are bullion and commodities and as they are measures the one of the extrinsique quality which is at the Kings pleasure as all other measures to name the other the intrinsique quality of pure mettall which is in the Merchant to value as their measure shall be either to be lessened or enlarged so is the quantity of the commodity that is to be exchanged if then the King shall cut his shilling or pound in money lesse than it was before a lesse portion of such commodities as shall be exchanged for it must be received it must then of force follow that all things of necessity as victualls apparell and the rest as well as those of pleasure must be inhaunsed If then all men shall receive in their shillings and pounds a lesse proportion of silver and gold than they did before this projected alteration and pay for what they buy at a rate enhaunsed it must cast upon all a double losse what the King will suffer by it in the Rents of his lands is demonstrated enough by the alteration since the 18 of Ed. 3. when all the Revenues of the Crown came unto the receipts pondere numero after 5 Groats the Ounce which since that time by severall changes of the Standard is come to 5 s. whereby the King hath two third parts of his just Revenues In his Customes the book of rates being regulated by pounds and shillings his Majesty must lose alike and so in all and whatsoever moneyes that after this he must receive the profits of his Coynage cannot be much more permanent in the losse lasting and so long as it reacheth to little lesse than yeerly to accept part of his Revenue for in every pound tale of gold is 7 Ounces 1 d. weight and 19 grains losse which 25 l. in accompt and in 700 l. tail of silver which is 14 l. 17 s. more And his Majesty shall undergo all this losse hereafter in all his receipts so shall he no lesse in all his dibursments the wages of his souldiers must be ratably advanced as the money is decreased This Edward the 3 as appeareth by the accounts of the Wardrobe and Exchequer as all the Kings after him were inforced to do as often as the lessened Standard of the moneyes of what shall be bought for his Majesties service must in like manner be inhaunsed on him As his Majesty hath the greatest profits of receipts and issues so must be of necessity taste of the most losse by this device It will destroy or discourage a great proportion of the trade in England Impair his Maiesties Customes for that part being not the least that passeth upon trust and credit will be overthrown for all men being doubtfull of diminution hereby of there personall estates will call in their moneys already out and no man will part with that which is lying by him uppon apparant losse as this must bring what dammage may befall the State by such a sudden stand of Trade I cannot guesse The moneys both of gold and silver formerly Coyned and abroad richer then those intended will be made of the most nereby Bulloin and so transported which I conceive will be none of the least inducements that hath drawn so many Goldsmithes to side this Proiect that they may be thereby Factors for the Strangers who by the Law of Mintage bring but two shillings silver to the pound waight and 4 shillings for gold whereas with us the one is _____ and the other 5 shillings many make that profit beyond the Sea they cannot here and so his Maiesties Mint unset of worke And as his Maiesties losse appeareth in the alteration
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 Rome doth eate into our Religion and fret into he banks and walls of it the Lawes and Statutes of this Realme especially since these Lawes have beene made in a manner by themselves even by their owne Treasons and bloudy designes and since that Poperie is a consused masse of errors casting downe Kings before Popes the Precepts of God before the tradition of men living and reasonable men before dead and sencelesse stocks and stones I desire that we consider the encrease of Arminianisme and errors that makes the grace of God to lackie it after the will of man that makes the Sheepe keepe the Shepheard and make an immortall seed of a mortall God Yea I desire that we looke into the very belly and bowells of this Trojan horse to see if there be not in it men readie to open the gates of Romish tyranny and Spanish Monarchie for an Arminian is the spaune of a Papist and if their come the warmth of favour upon him you shall have him turne into one of those frogs that arise out of the bottomelesse pit and if you marke it well you shall see an Arminian reach out his hand to a Papist to a Jesuite a Jesuite gives one hand to the Pope another to the King of Spaine and therein having kindled a fire in our neighbors Countrey now they have brought some of it hither to set on flame this kingdome also Let us further search and consider whether these be not the men that breake in upon the goods and liberties of this Common-wealth for by these meanes they may make way for the taking away of Religion It was an old tricke of the Devills when he meant to take away Jobs Religion he began at his goods Lay thy hand on all be hath and be will curse even to thy face Rather they thinke hereby to set a distance betweene Prince and people or to finde some other way of supply to avoyd or breake Parliaments that so they may break in upon our Religion and bring in their errors but let us doe as Job did he held fast his Religion and his goods were restored with advantage and if we hold fast God and our Religion these things shall be unto us Let us consider the times past how we flourished in honor and abundance when Religion flourished amongst us but when Religion decayed so the honour and strength of our Nation decayed when the soul of this Common-wealth is dead the bodie cannot long over live it If a man meete a Dogge alone the Dog is fearefull but though never so fierce by nature if that Dog have his Master by him he will set upon that man from whom he fied before This shewes the lower natures being back't with the higher increase in courage and strength and certainly man being back't with omnipotence is a kinde of omnipotence Wherefore let it now be the unanimous consent and resolution of us all to make a vow and Covenant from henceforth to hold fast on God and his Religion and then may we from henceforth expect prosperitie in the Kingdome and Nation to this Covenant Let every one of us say Amen The Accusation and Impeachment of Sir George Ratcliffe by the Commons in this present Parliament Assembled Charging him with High-Treason and other misdemeanours as ensue 1640. IMprimis That he had conspired with the Earle of Strafford to bring into Ireland an Arbitrary Government and to subvert the fundementall Lawes and did joyn with the Earle to bring in an Armie from Ireland to subdue the Subjects of England Secondly That he hath joyned with the Earle to use Regall power and to deprive the Subjects of their liberties and properties Thirdly That he hath joyned with the Earle to take _____ thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profits to their own uses Fourthly That he had Trayterously confederated with the Earle to countenance Papists and build Monasteries to alienate the affections of the Irish Subjects from the subjection of England Fiftly That he had Traiterously confederated with the Earle to draw the Subjects of Scotland from the King Sixthly That to preserve himselfe and the sayd Earle he had laboured to subvert the liberties and priviledges of Parliament in Ireland The Charge of the Scottish Commissioners against the Prelate of CANTERBVRY NOvations in Religion which are universally acknowledged to be the maine cause of commotions in Kingdomes and States and are knowne to be the true cause of our present troubles were many and great beside the book of Ordination and Homilies 1. Some particular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgy or booke of Common-prayer which did also carry with them many dangerous errors in matters of Doctrine Of all which we challenge the Prelate of Canterburie as the prime cause on earth And first that this Prelate was the Author and urger of some particular changes which made great disturbance amongst us we make manifest 1. By fourteen letters subscribed W. Cant. in the space of two yeares to one of our pretended Bishops Bannatine wherein he often enjoyneth him and other pretended Bishops to appeare in the Chappell in their whites contrary to the custome of our Kirk and to his promise made to the pretended Bishop of Edinburgh at the Coronation that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappell twice a day for his neglect shewing him that he was disappointed of the Bishopricke of Edinburgh promising him upon the greater care of these Novations advancement to a better Bishoprick taxing him for his boldnesse in Preaching the sound Doctrine of the reformed Kirks against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senators of the Colledge of Justice who did not communicate in the Chappell in a forme which was not received in our Kirk commending him when he found him obsequious to these his commands telling him that he had moved the King the second time for the punishment of such as had not received in the Chappell and wherein he upbraided him bitterly that in his first Synod at Aberdein he had only disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seen in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the
subscribing our National oath which was not only impiety and injustice in it self and an utter undoing of his Majesties Subiects but was a weakning of the Scots Plantation to the prejudice of that Kingdome and his Majesties service and was a high scandall against the Kings honour and intolerable abuse to his Majesties trust and authority his Majesties Commission which was procured by the Lievetenant bearing no other penalty then a certification of noting the names of the refusers of the oath But by this his restlesse rage and insatiable cruelty against our Religion and Countrey cannot be kept within the bounds of Ireland By this means a Parliament is called And although by the six subsidies granted in Parliament not long before and by the base means which himself and his Officers did use as is contained in a late Remonstrance that Land was extreamly impoverished yet by his speeches full of oathes and asseverations That we were Traytors and Rebels casting off all Monarchicall Government c. he extorted from them foure new Subsidies and indicta causa before we were heard procured that a Warre was udertaken and forces should be levied against us as a rebellious Nation which was also intended to be an example and president to the Parliament of England for granting subsidies and sending a joynt Armie for our utter ruine According to his appointment in Parliament the Armie was gathered and brought down to the Coast threatning a daily invasion of our Countrey intending to make us a conquered Province and to destroy our Religion liberties and Lawes and thereby laying upon us a necessity of vast charges to keep forces on foot on the West coast to wait upon his comming And as the War was denounced and forces leavied before we were heard So before the denouncing of the War our Ships and goods on the Irish Coast were taken and the owners cast in prison and some of them in Irons Frigats were sent forth to scour our Coasts which did take some and burn others of our Barques Having thus incited the Kingdome of Ireland and put his forces in order there against us with all haste he commeth to England In his parting at the giving up of the Sword he openly avowed our utter ruine and desolation in these or the like words If I returne to that honourable Sword I shall leave of the Scots neither root nor branch How soon he commeth to Court as before he had done very evill offices against our Commissioners cleering our proceedings before the poynt So now houseth all means to stir up the King and Parliament against us and to move them to a present war according to the precedent and example of his own making in the Parliament of Ireland And finding that his hopes failed him and his designes succeeded not that way in his nimblenesse he taketh another course that the Parliament of England may be broken up and despising their wisedome and authority not onely with great gladnesse accepteth but useth all means that the conduct of the Army in the expedition against Scotland may be put upon him which accordingly he obtaineth as generall Captain with power to invade kill slay and save at his discretion and to make any one or moe Deputies in his stead to do and execute all the power and authorities committed to him According to the largenesse of his Commission and Letters Patents of his devising so were his deportments afterwards for when the Scots according to their declarations sent before them were comming in a peaceable way far from any intention to invade any of his Majesties Subiects and still to supplicate his Majesty for a setled peace he gave order to his Officers to fight with them on the way that the two Nations once entred in bloud whatsoever should be the successe he might escape triall and censure and his bloudy designs might be put in execution against his Maiesties Subiects of both Kingdomes When the Kings Maiesty was again enclined to hearken to our petitions and to compose our differences in a peaceable way and the Peers of England conveened at Yorke had as before in their great wisedome and faithfulnesse given unto his Maiesties Counsels of peace yet this firebrand still smoaketh and in that honorable Assembly taketh upon him to breath out threatnings against us as Traytors and enemies to Monarchiall government that we be sent home again in our bloud and he will whip us out of England And as these were his speeches in the time of the Treaty appointed by his Maiesty at Rippon that if it had been possible it might have been broken up So when a Cessation of Arms was happily agreed upon there yet he ceaseth not but still his practises were for war His under officers can tell who it was that gave them Commission to draw near in Arms beyond the Teese in the time of the Treaty at Rippon The Governour of Barwicke and Carlile can shew from whom they had their warrants for their Acts of hostility after the cessation was concluded It may be tryed how it cometh to passe that the Ports of Ireland are yet closed our Country-men for the oath still kept in prison traffique interrupted and no other face of affairs then if no cessation had been agreed upon We therefore desire that your Lordships will represent to the Parliament that this great incendiary upon these and the like offences not against particular persons but against Kingdomes and Nations may be put to a tryall and from their knowne and renowned justice may have his deserved punishment 16. December 1640. THE SCOTTISH Commissioners Demand concerning the Sixt ARTICLE COncerning our Sixt demand although it hath often come to passe that these two have been joyned by the bonds of Religion and nature have suffered themselves to be divided about the things of this World and although our Adversaries who no lesse labour the division of the two Kingdomes then we do all seek peace and follow after it as our Common happinesse do presume that this will be the partition wall to divide us and to make us lose all our labours taken about the former demand wherein by the help of God by his Maiesties Princely goodnesse end Iustice and your Lordships noble and equall dealing we have so fully accorded and to keep us from providing for a firm and well grounded Peace by the wisedome and justice of the Parliament of England which is our greatest desire expressed in our last Demand We are still confident that as we shall concerning this Article represent nothing but what is true just and honorable to both Kingdomes So will your Lordships hearken to us and will not suffer your selves by any slanders or suggestions to be drawn out of that straight and safe way wherein ye have walked since the beginning It is now we suppose known to all England especially to both the honorable Houses of Parliament and by the occasion of this Treaty more particularly to your Lordships That our distresses in our Religion
is made perfect in weaknesse they have found amongst us greater resistance than they did fear or either they or our selves could have apprehended Yet as it hath been the will of God that we should endure the heat of the day so in the evening the precious wages of the vindication of religion liberties and laws are to be received by both Kingdoms and will enrich we hope to our unspeakable ioy the present age and the posterity with blessings that cannot be valued and with the good people of England esteem more than treasures of Gold and willingly would have puachased with many thousands We do not plead that conscience and piety have moved some men to serve God upon their own cost and that justice and equity have directed others where the harvest hath been common to consider the pains of labouring and the charges of the sowing yet thus much may we say that had a forraigne enemy intending to reduce the whole Island into Popery made the first assault upon her weaknesse we nothing doubt but the Kingdome of England from their desire to preserve their Religion and liberties would have found the way to bear with us the expence of our resistance and lawfull defence how much more being invaded although not by England yet from England by common enemies seeking the same ends we expect to be helped and relieved We will never conceive that it is either the will or the weal and honour of England that we should go from so blessed a work after so many grievous sufferings bearing on our backs the insupportable burdens of worldly necessities and distresses return to our Country empty and exhausted in which the people of all ranks sexes and conditions have spent themselves The possessions of every man who devoted himself heartily to this cause are burdened not onely with his own personall and particular expence but with the publike and common charges of which if there be no relief neither can our Kingdom have peace at home nor any more credit for Commerce abroad Nor will it be possible for us either to aid and assist our friends or to resist and oppose the restlesse and working wickednesse of our enemies The best sort will lose much of the sweetnesse of the enjoying of their religion and liberties and others will run such wayes and undirect courses as their desperate necessity will drive them into We shall be but a burthen to our selves a vexation unto others of whose strength we desire to be a considerable part and a fit subject for our enemies to work upon for obtaining their now disappointed but never dying desires We will not alledge the example of other Kingdomes where the losses of necessary and just defence had been repaired by the other party nor will we remember what help we have made according to our abilities to other reformed Churches and what the kingdome of England of old and of late hath done to Germany France and Holland nor do we use so many words that England may be burthened and we eased or that this should be a matter of our Covetousnesse and not of their Justice and kindnesse Justice in respect of our adversaries who are the causes of the great misery and necessity to which we have been brought kindnesse in the supply of our wants who have been tender of the welfare of England as of our own that by this equality and mutuall respect both Nations may be supported in such strength and sufficiency that we may be the more serviceable to his Majesty and abound in every good work both towards one another and for the comfort and reliefe of the reformed Churches beyond the Seas that we may all blesse God and that the blessing of God may be upon us all The English Peers demand concerning the preceding Articles WHether this be a positive demand or onely an intimation of the charge thereby to induce the Kingdome of England to take your distressed estate into consideration and to afford you some friendly assistance The Scottish Commissioners answer to the demand WE would be no lesse willing to bear our losses if we had ability than we have been ready to undergo the hazard But because the burden of the whole doth far exceed our strength We have as is more fully conceived in our Papers represented to your Lordships our charges and losses not intending to demand a totall repairation but of such a proportionable part as that we may in some measure bear the remanent which we conceive your Lordships having considered our reasons will judge to be a matter not of covetousnesse but of the said Justice and kindenesse of the Kingdome of England Proposition of the Peers to proceed to the other Demands during the debate of the Scottish losses THat in the Interim whilst the Houses of Parliament take into consideration your Demand of losses and dammages you proceed to settle the other Articles of the peace and intercourse betwixt the two Kingdomes Answer to the Peers Demand WE have represented our losses and thereby our distressed condition ingenuously and in the singlenesse of our hearts with very great moderation passing over many things which to us are great burthens that there might be no difficulty or cause of delay on our part hoping that the honorable Houses of Parliament would thereby be moved at their first convenience to take the matter to their consideration We do not demand a totall reparation nor do we speak of the payment till we consult about the setling of a solid peace at which time the wayes of lifting and paying the money may be considered We do onely desire to know what proportion may be expected That this being once determined and all impediments arising from our by-past troubles removed we may with the greater confidence and more hearty consent on both sides proceed to the establishing of a firm and durable peace for time to come It is not unknown to your Lordships what desperate desires and miserable hopes our adversaries have conceived of a breach upon this Article And we do foresee what snares to us and difficulties to your Lordships may arise upon the post poning and laying aside of this Article to the last place And therefore that our adversaries may be out of hope and we out of fear and that the setling of peace may be the more easie We are the more earnest that as the former articles have been so this may be upon greater reasons considered in its own place and order Your Lordships upon the occasion of some motions made heretofore of the transposing of our Demands do know that not onely the substance but the order of the propounding of them is contained in our instructions And as we can alter nothing without warrant the craving whereof will take more time than the Houses of Parliament will bestow upon the consideration of this Article So are we acquainted with the reasons yet standing in force which moved the ordering of this Demand And therefore let us still be earnest with your Lordships that there be no halting here where the adversaries did most and we did least of all by reason of the justice and kindenesse of the Houses of Parliament expect it Resolved on the Question THat this House doth conceive that the summe of three hundreth thousand pounds is a fit proportion for that friendly assistance and relief formerly thought fit to be given towards the supply of the losses and necessities of our Brethren of Scotland And that this House will in due time take into consideration the manner how and the time when the same shall be raised Answer of the Scots Commissioners WE intreat your Lordships whose endeavours God hath blessed in this great work to make known to the Parliament that we do no lesse desire to shew our thankfulnesse for their friendly assistance and relief than we have been earnest in demanding the same But the thankfulnesse which we conceive to be due doth not consist in our affections or words at this time but in the mutuall kindenesse and reall demonstrations to be expected from the whole Kingdome of Scotland in all time coming and that not onely for the measure and proportion which the Parliament hath conceived to be fit and which to begin our thankfulnesse now we do in name of the whole Kingdome cheerfully accept of but also for the kinde and Christian manner of granting it unto us as to their Brethren which addeth a weight above many thousands and cannot be compensed but by paying their reciprocal love and duty of Brethren And for the resolution to consider in due time of the raising of the same for our relief which also maketh the benefit to be double This maketh us confident that God whose working at this time hath been wnoderfull hath decreed the peace and amity of the two Kingdomes and will remove all rubs out of the way that our enemies will at last despair to divide us when they see that God hath joyned us in such a fraternity And that divine providence will plentifully recompence unto the Kingdome of England this their justice and kindenesse and unto Scotland all their losses which shall not by these and other means amongst our selves be repaired but by the rich and sweet blessings of the purity and power of the Gospel attended with the benefits of an unhappy and durable peace under his Majesties long and prosperous raigne and of his royall posterity to all generations FINIS