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
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
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
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
Speaker who can frame an argument aright unlesse he can tell against what he is to argue Would you confute the Convocation-house they were a holy Synod they were Commissioners will you dispute their Commission they will mingle all power together and perhaps answer they were something else that we neither knew nor imagined unlesse they would unriddle themselves and owne what they were wee may prosecute non-concludent Arguments Mr. Speaker I have conferred with some of the Founders of those Canons but I professe here that I could never meet with any one of that assembly who could well answer to that first question of the Catechisme What is your name Alas they were parted before they knew what they were when they were together The summe of all the severall answers that I have received do all together amount unto this They were a Convocationall Synodicall Assembly of Commissioners Indeed a threefold Chaemera a Monster to our Lawes a Cerberus to our Religion A strange Commission where no Commissioners name is to be found A strange Convocation that lived when the Parliament was dead A strange holy Synod when the one part never saw nor conferred with the other But indeed there needed no conference if it be true of these Cannons which I read of the former Quis nescit Canones Lambethae formari priusquam in Synode ventilentur Well Mr. Speaker they have Innovated upon us wee may say it is Lex talionis to Innovate upon them and so I hope we shortly shall doe In the meane time my humble motion is that every member of that assembly who voted their Cannons may come severally to the Barre of this House with a Book of Cannons in his hand and there unlesse he can answer that Catechisme question as I called it better then I expect he can conceptis verbis in such expresse termes as this honourable house shall then think fit he shall abjure his owne Issue and be commanded to give fire to his owne Canons And this motion I take to be just The fourth Speech of Sir Edward Deering Concerning the Arch-Bishop and divers other Grievances Mr. Speaker YEsterday we did regulate the most important businesse before us and gave them motion so that our great and weighty affaires are now on their feet in their progresse journying on towards their several periods where some I hope will finde their latest home Yet among all these I observe one a very maine one to sleepe sine die give me leave to awaken it it is a businesse of an immense weight and worth such as deserves our best care and most severe circumspection I meane the Grand Petition long since given in by many thousand Citizens against the domineering Clergy Wherein for my part although I cannot approve of all that is presented unto you yet I do clearely professe that a great part of it nay the greatest part thereof is so well grounded that my heart goes cheerefully along therewith It seemes that my Countrey for which I have the honour to serve is of the same minde and least you should thinke that all faults are included within the walls of Troy they will shew you Iliacos intra muros peccatur extrae The same grievances which the City groanes under are provinciall unto us and I much feare they are Nationall among us all The pride the avarice the ambition and oppression by our ruling Clergie is Epidemicall it hath infected them all There is not any or scarce any of them who is not practicall in their own great cause in hand which they impiously doe mis call the Piety of the times but in truth so wrong a Piety that I am bold to say In facinus jurasse putes Here in this Petition is the disease represented here is the cure intreated The number of your Petitioners is considerable being above five and twenty hundred names and would have been foure times as many if that were thought materiall The matter in the Petition is of high import but your Petitioners themselves are all of them quiet and silent at their owne houses humbly expecting and praying the resolution of this great Senate upon these their earnest and thrice hearty desires Here is no noyse no numbers at your doore they will be neither your trouble nor your jealousie for I doe not know of any one of them this day in the towne so much they doe affie in the justice of their Petition and in the goodnesse of this house If now you want any of them here to make avowance of their Petition I am their servant I doe appeare for them and for my selfe and am ready to avow this Petition in their names and in my owne Nothing doubting but fully confident that I may justly say of the present usage of the Hierarchy in the Church of England as once the Pope Pope Adrian as I remember said of the Clergy in his time A vertice capitis ad plantam pedis nihil est sanum in toto ordine Ecclesiastico I beseech you read the Petition regard us and relieve us Master BAGSHAWES Speech in Parliament Febr. 9 th 1640. Concerning Episcopacy and the London Petition Mr. Speaker I Was yesterday and the time before for the retaining of the London Petition and am in the same minde still and therefore doe now rise up against the proposall of that question which is now called for Whether Episcopacy it selfe be to be taken into consideration by the Committee wherein I doe distinguish of a twofold Episcopacy the first in Statu puro as it was in the Primitive times the second in Statu corrupto as it is at this day and is so intended and meant in the London Petition Now I hold that Epistopacy in this latter sence is to be taken into consideration as a thing that trencheth not onely upon the right and liberties of the Subject of which I shall have occasion to speake hereafter But as it is now it trencheth upon the Crowne of England in these foure particulars wherein in I know this House will willingly heare me First it is maintained by the Bishop of Exeter in a Booke which he hath writ to this purpose that Episcopacy it selfe both in the office and in the jurisdiction is de Iure Divino of Divine right which position is directly contrary to the Lawes of England of which I will cite but two or three in stead of many more The Statute of Carlisle 35. Ed. 1. mentioned in Caudries case in the fifth Report saith that the Church of England is founded in the state of Prelacie by the Kings of England and their Progenitors Which likewise appeares by the first Chapter in Magna Charta in these words Concessimus Deo Ecclesiae Anglicanae omnes libertates c. and in the twentie fifth yeare of Edward the third in the French Roll which I have seene there the Archbishop and Clergie petition the King for their liberties in these words thus Englished That for the reverence of God and
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
bowels and viper-like working our destruction They finde Jesuites and Priests conspiring with ill Ministers of State to destroy our Religion they find ill Ministers conjoyned together to subvert our Lawes and Liberties They find obstructions of Justice which is the life bloud of every State and having a free passage from the Soveraigne Power where it is primarily seated as the life bloud in the heart and thence derived through the severall Judicatories as through so many veines into all the parts of this great collective Body doth give warmth and motion to every part and member which is nourished and enlivened by it but being once precluded stopped and seared up as the particular must of necessity faint and languish so must the whole frame of Government bee dissolved and consequently Soveraignty it selfe which as the heart in the body is Primum vivens ultimum moriens must dye and perish in the generall dissolution and all things returne as in the beginning in antiquum Chaos They find the propriety of the subject invaded and violated his estate rent from him by illegall Taxations Impositions Monopolies and Projects almost upon every thing which is for the use of man not onely upon superfluities but necessaries and this to enrich the vermine and caterpillers of the Land and to impoverish the good subjects to take the meate from the children and give it to dogges My Lords If we find these things so wee must conceive they must bee ill counsels which have brought us into this condition These counsels have put all into a combustion have discouraged the hearts of all true English men and have brought two Armies into our bowels which as the Vulture upon Prometheus eate through our sides and gnaw our very hearts Hinc dolor sed unde medicina Heretofore Parliaments were the Catholicon the Balme of Gilead which healed our wounds restored our Spirits and made up all the breaches of the Land But of late yeeres they have beene like the Fig-tree in the Gospel without efficacy without fruit onely destructive to the particular members who discharge their duties and consciences no way beneficiall to the Common-wealth Nobis exitiabile nec Reipub. profuturum as he said in Tacitus commonly taken away as Elias was with a whirle-winde never coming to any maturity or to their naturall end whereas they should bee like that blessed old man who dyeth plenus dierum in a full age after hee hath fought a good fight and overcome all his enemies as the shock of wheat which cometh in in due season to fill our Granaries with Corne uphold our lives with the staffe of bread For Parliaments are our panis quotidianus our true bread all other wayes are but Quelques choses which yeeld no true nourisshment breede no good bloud This very Parliament which hath sate so long hath all this while but beaten the ayre and striven against the streame for I may truely say winde and tide have still been against us The same ill counsels which first raised the storme which almost shipwrackt the Common-wealth do still continue they blow strong like the East-wind that brought the Locusts over the land These counsels crosse our designes east difficulties in our way hinder our proceedings and make all that we doe to be fruitlesse and ineffectuall they make us to bee not masters of our businesse and so not masters of money which hath been the great businesse of this Parliament that we might pay the Armies according to our promises and engagements For My Lords our not effecting of the good things which wee had undertaken for the good of the Church and Common-wealth hath wounded our reputation and taken off from our credit Is it not time then my Lords that wee should unite and concentrate our selves in regard of this Antiperistasis and circumvallation of hurtfull and malitious intentions and practices against us My Lords it is most agreeable to nature and I am sure most agreeable to reason in respect of the present conjuncture of our affaires for one maine engine by which our enemies work our mischiefe is by infusing an opinion and belief into the world that wee are not united amongst our selves but that like Sampsons Foxes we draw severall waies and tend to severall ends To defeate then the counsels of those Achitophels which would involve us our Religion our King our Lawes our Liberties all that can bee neere and deare unto an honest soule in one universall and generall desolation to defeate I say the counsels of such Achitophels the Knights Citizens and Burgesses of the House of Commons knowing themselves to bee specially intrusted with the preservation of the whole and in their consciences perswaded that the dangers are so imminent that they will admit of no delay have thought fit to declare their united affections by entring into an Association amongst themselves and by making a solemne Protestation and Vow unto their God that they will unanimously endevour to oppose and prevent the counsels and the Counsellors which have brought upon us all these miseries and feares of greater to prevent the ends and bring the Authors of them to condign punishment and thereby discharge themselves both before God and man The Protestation your Lordships shall have read unto you together with the grounds and reasons which have induced the House of Commons to make it which are prefixed before it by way of Preamble The PREAMBLE WEe the Knights Citizens and Burgesses of the Commons house in Parliament finding to the great griefe of our hearts that the designes of the Priests and Jesuites and other Adherents to the See of Rome have of late beene more boldly and frequently put in practice then formerly to the undermining and danger of the ruine of the true reformed Protestant Religion in His Majesties Dominions established And finding also that there have beene and having just cause to suspect that there still are even during this sitting in Parliament indeavours 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 Counsels Practices Plots and Conspiraces And that the long intermission and unhappy breach of Parliaments hath occasioned many illegall Taxations whereupon the Subject hath been prosecuted and grieved And that divers Innovations and Superstitions have beene brought into the Church multitudes driven out of His Majesties Dominions Jealousies raised and fomented betwixt the King and His people a Popish Army levied in Ireland and two Armies brought into the bowels of this Kingdome to the hazzard of His Majesties Royall Person the consumption of the Revenues of the Crowne and Treasure of this Kingdome And lastly finding great cause of Jealousie that indeavours have been and are used to bring the English Army into a misunderstanding of this Parliament thereby to incline that Army with force to bring to passe those wicked Counsels Have therefore thought good to joyne our selves in a Declaration of our united affections and
resolutions NOte That because some doubts were raised by severall persons out of the Commons House concerning the meaning of these words contained in the Protestation lately made by the Members of that House viz. The true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realme contrary to the same Doctrine The House of Commons did declare That by those words was and is meant only the publick Doctrine professed in the said Church so farre as it is opposite to Popery and Popish Innovations And that the said words are not to be extended to the maintaining of any forme of Worship Discipline or Government nor of any Rites or Ceremonies of the Church of England MY Lords The House of Commons have commanded me to present unto your Lordships this Protestation Every member in that House hath made it not one refusing it and they have sent it unto your Lordships with an assurance of your Lordships concurrence in the same zeale and affection for the publick safety And it is their desire your Lordships would likewise make the same Protestation which I humbly leave to your Lordships wisdomes Directions for more orderly making of the foresaid Protestation IT is thought fit that the Protestation which the Parliament late y made be taken by the Citie of London in the severall Parish Churches in the afternoon of some Lords day after Sermon before the Congregation bee dissolved by all Masters of Families their sons and men-servants in manner and forme following viz. First That forthwith notice of this intention bee given to the Minister Church-wardens and some other mee persons of each Parish in London Liberties and adjacent Parishes and some of them to give notice to the rest of the Parishioners Secondly That the Minister be entreated if he please to acquaint his Parish in his Sermon either forenoon or aftternoon with the nature of the businesse more or lesse as hee shall think fit for the better and more solemne taking of the said Protestation or if the Minister refuse it that some other bee intreated to preach that will promote the businesse or if neither of these may bee had that some other convenient course bee taken by some well affected to the businesse to stay the Parish and communicate the matter to them Thirdly That the Minister or Ministers of every Congregation first take it in his or their owne person reading the said Protestation in so distinct a voyce that all present may conveniently hear it and that all the Assembly present doe make the same Protestation distinctly after this manner every man taking this Protestation into his hand IA. B. doe in the presence of Almighty God freely and heartily promise vow and protest the same which the leading person took naming the person Fourthly That there be a Register Book wherin every man taking this vow or Protestation subscribe his name with his owne hand or mark and that the names bee taken of such as doe refuse the same Fifthly That all the Parishioners abovesaid whether in Towne or out of Towne be earnestly requested to bee present at their owne Parish Church in the afternoon of that Lords day whereon it shall be taken that every man may take it in their owne place and if any bee necessarily absent that they may bee desired to take it the next Lords day after or so soon as may bee with conveniency Sixthly and lastly That all whom it doth not immediately concerne bee earnestly requested to depart FINIS Mr. Grimstons Speech in the High Court of Parliament M. SPEAKER THese Petitions which have beene now read they are all Remonstrances of the generall and universall grievances distempers that are now in the State and Government of the Church and Commonwealth and they are not them alone But his Majesties gracious Expressions the first day of Parliament that calls me up to speak at this present contrary to my owne Intentions Mr. Speaker his Majestie who is the head of the body politique and the Father of the Common-wealth hath complained first declaring his sensiblenesse of our sufferings and amongst other things hath put us in mind of our grievances and hath freely left it to our selves for our redresse and repaire therein to begin and end as we shall think fit And this drawes mee on with much cheerefulnesse and zeale to contribute my poore endeavours to so great a work And Mr. Speaker I conceive it will not be altogether impertinent for your direction and guidance in that great place which by the favour of his Majestie and this House you now possesse a little to recollect our selves in the remembrance of what was done the last Parliament and where we ended It will likewise be very considerable what hath bin done since that Parliament and who they are that have beene the Authors and Causers of all our miseries and distractions both before and sithence Mr. Speaker the last Parliament as soone as the House was setled a Subsidiarie ayd and supply was propounded and many Arguments used to give the precedencie before all other matters and Considerations whatsoever On the other side a multitude of Complaints and Grievances of all sorts aswell concerning our Eternall as our Temporall estates were presented and put in the other ballance The wisedome of that great Councell waighing both indifferently and looking not onely upon the dangers then threatneâ— from Scotland which are now upon us but likewise taking into their consideration the Condition and Constitution of the present government here at home concluded that they were in no capacity to give unlesse their grievances were first red ressed and removed For Mr. Speaker it then was and still is most manifest and apparent that by some judgements lately obtained in Court of Justice and by some new wayes of Government lately st rted up amongst us the Law of property is so much shaken that no man can say he is Master of any thing But all that we have wee hold as Tenants by courtesie and at will and may be stripped of it at pleasure Yet Mr. Speaker desirous to give his Majestie all possible satisfaction and contentment as well in the manner of supply for expedition as in the substance and matter of it wee confined and limitted our selves but to three particulars onely and to such matters as properly and naturally should have reference and relation to those three heads 1. The first was the priviledges of Parliament 2. The second matters of Religion 3. The third the propriety of our goods and Estates And we began with the first as the great Ark in which the other two Religion and property are included and preserved Mr. Speaker the violations complained of the last Parliament touching our priviledges were of two sorts either such as had beene done in Parliament or out of Parliament Concerning the violations of the first sort it was resolved by vote that the Speaker refusing to put a question being
thereunto required by the House Or to adjourne the House upon any command whatsoever without the consent and approbation of the House it selfe were breaches and violations that highly impeached our priviledges And having passed the vote I conceive it were fit wee should now proceed a little further and consider of a way how to be repaired against them that have beene the violaters For Execution does animare Legem The putting of an old Law in Execution you know Mr. Speaker does oftentimes doe more good then the making of a new one As concerning the violations of the other sort done out of Parliament in Courts of Justice and at the Councell board where neither our persons nor our proceeding ought to have beene controlled or medled withall And as concerning matters of Religion and the property of our goods and estates there were divers things then likewise agreed upon by vote whereupon a conference was desired to have â—eene with the Lords But what interjections and rubs wee met withall by the way and how the Lords countervoted the precedency of our grievances and how our Speaker was taken away from amongst us and what an unhappy conclusion we had at the last the remembrance of it were a subject too sad to begin another Parliament wi hall Therefore Mr. Speaker I shall passe from what was done the last Parliament and come to what hath beene done since that Parliament ended M. Speaker there are some worthy Gentlemen now of this House that were members of the last Parliament that carried themselves in the matters and businesses then and there agitated and debated with great Wisedome and unexampled moderation But what had they at last for all their paines in attending the publique strince of the Common-wealth As soone as ever the Parliament was ended their Studies and Pockets were searched as if they had beene Fellons and Traytors and they committed to severall Goales with an intention I am confident of their utter ruine and destruction had they not fore-seene a danger approaching For Master Speaker if I be truly informed an information was drawne or at least directions given for the drawing of it against them in the Starre-Chamber Master Speaker there hath beene since the last Parliament a Synod and in that Synod a new Oath hath beene made and framed and enjoyned to be taken Master Speaker they might as wel have made a new Law and enjoyned the execution of that as enjoyned and urged the taking of the other not being established by Act of Parliament and in point of mischiefe the safety of the Common-wealth and the freedome and liberties of the Subject are more concerned in the doing of the one then if they had done the other The next exception I shall take to it is to the matter contained in the Oath it selfe Master Speaker they would have us at the very first dash sweare in a damnable Heresie that matters necessary to salvation are contained in the Discipline of our Church Whereas Master Speaker it hath ever beene the tenet of our Church that all things necessary to salvation are comprehended and contained in the Doctrine of our Church only And that hath alwayes beene used as an Argument untill this very present against Antidisciplinarians to stop their mouthes withall And therefore that for that reason they might with the lesse regret and offence conforme and submit themselves to the Discipline of our Church And Master Speaker for prevention in case the Wisedome of the State in this great Councell should at any time think fit to alter any thing in the government of our Church they would anticipate and fore-stall our judgements by making us sweare before-hand that wee would never give our consent to any alteration Nay Master Speaker they goe a little further for they would have us sweare that the government of the Church by Archbishops Bishops Deanes Archdeacons c. is Jure divino Their words are as of right it ought to stand Whereas Master Speaker wee meet not with the name of an Archbishop or a Deane or an Arch-deacon in all the new Testament And whatsoever may bee said of the Function of Bishops it is one thing But for their Jurisdiction it is meerely Humana institutione and they must thank the King for it As for their grosse absurd c. wherein they would have men sweare they know neither what nor how many fathome deepe There is neither Divinity nor charity in it and yet they would put that upon us Master Speaker what they meant and intended by this new Oath and their Booke of Canons and their Booke of Articles which they would have our Church-wardens sworne unto to enquire of and to present thereupon I must confesse I know not unlesse they had a purpose therein to blow up the Protestant Religion and all the faithfull professors of it and to advance their Hierarchie a step higher which I suppose we all feare is high enough already Master Speaker they have likewise in this Synod granted a benevolence but the nature of the things agrees not with the name for in plaine English it is six Subsidies to be paid by the Clergie in six yeares And the penalty they have imposed upon the refusers for none-payment is to be deprived of their Functions to be stripped of their free-hold and to be excommunicated and this Act of their Synod is not published amongst their Canons for which they might have some colourable seeming authority But it comes out in a Booke alone by it selfe in the Latine tongue supposing as I conceiue that Lay-men are as ignorant as they would have them And thus they think they dance in a Net And as in this so in most of their new Canons if they bee throughly considered any judicious man may easily discerne and perceive that they doe therein like Water-men that looke one way and rowe another they pretend one thing but intend nothing lesse And certainly Mr. Speaker in this they have flowne a high pitch For a Synod called together upon pretence of reconciling and setling Controversies and matters in Religion to take upon them the boldnesse thus out of Parliament to grant Subsidies and to meddle with mens Free-holds I dare say the like was never heard of before and they that durst doe this will doe worse if the current of their raging Tyrannie be not stopped in time Who are they Master Speaker that have countenanced and cherished Popery and Armianisme to that growth and height it is now come to in this Kingdome Who are they Master Speaker that have given encouragement to those that have boldly preached those damnable Heresies in our Pulpits Who are they Master Speaker that have given authoritry and licence to them that have published those Heresies in Print Who are they Master Speaker that of late dayes have beene advanced to any dignity or preferment in the Church but such as have beene notoriously suspitious in their Disciplines corrupt in their Doctrines and for the most part vitious in their
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
à me alienum puto was indeed the saying of the Comedian but it might well have becom'd the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason must onely man be hindered from his proper actions They are most fit to do reasonable things that are most reasonable For Science commonly is accompanied with conscience So is not ignorance they seldome or never meet And why should we take that capacity from them which God and nature have so liberally bestowed My Lords the politike body of the Common-wealth is analogicall to the body naturall every member in that contributes something to the contribution of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Natures sin And truely my Lords to be part of the other body and do nothing beneficiall thereunto cannot fall under a milder term The common-wealth subsists by laws and their execution and they that have neither head in the making nor hand in the executing of them conferre not any thing to the being or well being thereof And can such be called members unlesse most unprofitable ones onely fruges consumere nati Me thinks it springs from nature it self or the very depths of Justice that none should be tied by other Laws than himself makes for what more naturall or just than to be bound onely by his own consent to be ruled by anothers will is meerly tyrannicall Nature there suffers violence and man degenerates into beast The most flourishing Estates were ever governed by Laws of an universall constitution witnesse this our Kingdom witnesse Senatus populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternall memory Some things my Lords are so evident in themselves that they are difficult in their proofs Amongst them I reckon this inconveniency I have spoken of I will therefore use but a word or two more in this way The long experience that all Christendom hath had hereof for these 1300 yeers is certainly argumentum ad bominem Nay my Lords I will go further for the same reason runs thorow all Religions never was there any Nation that employed not their religious men in the greatest affairs But to come to the businesse that lies now before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publike The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evill they may do which yet your Lordships do not know and I am confident never shal suffer A position ought not to be destroyed by a supposition à posse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours do it negatively in answering some inconveniences that may seem to arise Object 1 For the Text No man that warres intangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be tearms equivalent Besides my Lords though this was directed to a Church-man yet it is of a generall nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously do agree To end this Argumentum symbolicum non est argumentativum Object 2 It may be said that it is inconsistent with a spirituall vocation truely my Lords Grace and Nature are in some respects incompossible but in some others most harmoniously agree it perfects nature and raises it to a heighth above the common altitude and makes it most fit for those great works of God himself to make Laws to do Iustice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned Writer of these or other times that so expounded any Text. Object 3 But though in strict tearms this be not inconsistent yet it may peradventure hinder the duty of their other calling My Lords there is not any that sits here more for preaching than I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600 yeers acquaintance should make the Gospel of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to vertue dehortations from vice and partly in easing the burdened conscience These my Lords compleat the office of a Church-man Nor are they altogether tied to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be tearmed the breach of them all I must adde one more an essentiall one the very form of Episcopacy that distinguisheth it from the inferiour Ministry the orderly and good government of the Church and how many of these I am sure not the last my Lords is interrupted by their sitting here once in 3 yeers and then peradventure but a very short time and can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperour Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted with about his military affairs as Eusebius has it in his life lib. 4. c. 56. Object 4 Reward and punishment are the great negotiators in all worldly businesses these may be said to make the Bishops swim against the stream of their consciences and may not the same be said of the Laity Have these no operations but onely upon them Has the King neither frown honour nor offices but onely for Bishops Is there is nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will go against the light of their understanding The holinesse of their calling their knowledge their freedoms from passions and affections to which youth is very obnoxious their vicinity to the gates of death which though not shut to any yet alwayes stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation some of them have done ill Crimine ab uno disce omnes is a poeticall not a logicall argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Iudge Magistrate nor Officer more A personall
more to offer unto you But this one compriseth many It is a neast of waspes or swarm of vermine which have over-crept the land I mean the Monopoles and Polers of the people These like the Frogs of Aegypt have gotten possession of our dwellings and have scarce a room free from them They sup in our Cup they dip in our Dish they sit by our fire we finde them in the Dy fat wash-boule and Poudering tub they share with the Butler in his box they have marked and sealed us from head to foot Mr. Speaker they will not bate us a Pin we may not buy our own Cloathes without their brokage These are the Leeches that have suckt the Common wealth so hard that it is almost become hecticall And Mr. Speaker some of these are ashamed of their right names they have a vizard to hide the brand made by that good law in the last Parliament of King James They shelter themselves under the name of a Corporation they make by-laws which serve their turns to squeese us and fill their purses unface these and they will prove as bad Cards as any in the pack These are not petty Chapmen but wholesale men Mr. Speaker I have ecchoed to you the cryes of the kingdome I will tell you their hopes they look to Heaven for a blessing upon this Parliament they hang upon his Majesties exemplary piety and great justice which renders his eares open to the just complaints of his Subjects we have had lately a gratious assurance of it they are the wise conduct of this whereby the other great affaires of the Kingdome and this our grievance of no lesse import And this may go hand in hand in preparation and resolution Then by the blessing of God we shall return home with an Olive branch in our mouths and full confirmations of the priviledges which we received from our Ancestors and ow to our posterity which every freeborn English man hath received with the aire he breathed in These are our hopes These are our prayers Mr. BAGSHAW his speech in Parliament 7 die Novemb. 1640. Mr Speaker I Had rather Act then speak in those weighty businesses of the Kingdome which have been so excellently handled by these foure worthy Gentlemen that spake last and therefore I shall be short For when I look upon the Body of this goodly and flourishing Kingdom in matters of Religion and of our laws For like Hippocrates Twins they live and dye together I say when I behold these in that state and plight as they have been represented to us Flere magis libet quam dicere But this is our comfort Mr. Speaker that we are all met together for the welfare and happinesse of Prince and People And who knows whether this may not be the appointed time wherein God will restore our Religion as at the first and our laws as at the beginning The honour of a King consisteth in the weale of his people this undoubted maxime his Majesty hath made good by his late gracious speech and promise to us to redresse all our grievances to destroy the enemies of our Peace and plenty To make a people rich they must have ease justice Ease in their Consciences from the bane of Superstition from the intolerable burthen of innovation in Religion and from the racks and tortures of strange and new fangled Oaths They must be eased in their persons being liberi homines and not Vilanes All illegall arrests and imprisonment against Magna Charta being our greatest liberties They must be eased in their lands from Forrest where never any Deer fed from depopulations where never any Farm was decayed and from inclosures where never any hedges were set But must lastly be eased in their goods from their exactions and expilations of Pursevants and Apparitors of Projectors and Monopolists Humanarum Calamitatum mercatores as an ancient finely calls them and if the people have all these easements yet if they have not Justice they cannot subsist justice is to the Civill body as food to the naturall If the streams of Justice be by unrighteousnesse turned into Gall and Wormword or by cruelty like the Aegyptian waters be turned into blood those which drink of these brooks must needs dy and perish The Law saith that all Justice is in the King who is stiled in our book Fons Justitiae and he commits it to his Judges for the execution wherein he trusts them with two of the chiefest flowers which belong to his crown The administration of his justice and the exposition of his laws but he will not trust them without an Oath required of them by the Statute of 18 E. 31. Which is so strict and severe that it made a Judge whom I know though honest and strict yet to quake and tremble at the very mention of it The effect of the Oath is that they should doe equall law and execution of right to all the Kings Subjects poore aswell as rich without regard of any person That they should not deny to doe common right to any man by the Kings letters and for any other cause And in case such letters do that they proceed to do come the law notwithstanding such letters or for any other causes as they will answer to the King in bodies goods and lands how this Oath hath been performed we have seen and felt I need say no more But when I cast mine eyes upon the inferiour Courts of Justice wherein no such oath is required I meane the High Commission and other Ecclesiasticall Courts my soule hath bled for the wrong pressures which I have observed to have been done and committed in these Courts against the Kings good people especially for the most monstrous abuse of the Oath Ex Officio which as it is now used I can call no other than Carnificina Conscientiae I have some reason to know this that have been an Attendant to the Court these five yeeres for my selfe and a deare friend of mine sometimes Knight of our Shire for a meer triviall businesse that the most that could be proved against him was the putting on his hat in the time of Sermon Of which Court I shall say more and make good what I say when those ulcers come to be opened Mr. Speaker I say these foure worthies that spake before me have told you of our miseries but I cannot tell you of the remedies For things are come to that height that I may say as Livy sayd of the Roman state in his time Nec Vitia nostra scire possumus neâ— Remedia for no Laws will now doe us good Better Laws could not have been made then the Stat. of Monopolies against Projectors and the Petition of right against the infringers of liberties and yet as if the Law had bin the Author of them there hath been within these few years more Monopolies and infringment of liberties than hath been in any age since the Conquest and if all those vile Harlets as Queen Elizabeth
1640. Mr. Speaker IN this great and waighty cause we ought seriously to consider First what we our selves have done already in the accusation and impeachment of this great Earle of high Treason Secondly let us remember what we now are not only Parliament men but publick men and English-men As Parliament men let us follow the steps of our ancestours and be constant to that rule of Law which was their guide and should be ours As publick men forget not whom we here represent and by how many chosen and trusted As English men let us call to minde the undanted spirits stout hearts of those ancient Heroes from whom we are descended how free they were from Pusillanimity and how they scorned all Flattery and Slavery let us then now or never Mr. Speaker shew the same blood runs in our veines Thirdly let us be well advised what to doe if in case we shall be denied justice in this particular upon which depends not only the happinesse but the safety of this Parliament of this Kingdome of our selves and of our Posterities and this is my Aviso Upon the same Subject Aprill 9. 1641. Mr. Speaker TRuth is the daughter of time and experience the best Schoolmaster who hath long since taught many men and estates the sad and woefull effects of an half-done worke those convulsions and renting paines which the body of great Britain now feels shews us that the ill humours and obstructions are not yet fully purged nor dissolved Mr. Speaker God will have a through work done if in stead of redressing evils we think to transact all by removing of persons and not things well may we hush our troubles for a season but they will returne with a greater violence For believe it Mr. Speaker let us flatter our selves as we please a dim sighted eye may see that although we thinke we have now passed the equinoctiall of the Straffordian line and seem to have gone beyond Canterbury yet their faction and undermining agents of all Religions grow daily more and more powerfull and no doubt doe labour an extirpation of all Parliaments and men that will not think say and swear to their opinions and practice Have we not then Mr. Speaker a wolfe by the cares is there any way to goe Scot-free or wolfe-free but one then let us take and not forsake that old English Parliamentary Road which is Via tuta and will bring us safely to our journeys end that is my humble motion A seasonable motion for a loyall Covenant May 3. 1641. Mr. Speaker IF ever we intend to perfect and finish the great works we have begun and come to our journeys end let us take and sollow the right way which is Via tuta and that is in a word to become holy Pilgrims not Popish and to endeavour to be loyall Covenanters with God and the King first binding our selves by a Parliamentary and Nationall Oath not a Straffordian nor a Prelaticall one to preserve our Religion emire and pure without the least compound of Superstition or Idolatry next to defend the defender of the Faith his Royall person Crown and dignity and maintain our Soveraigne in his glory and splendor which can never be Eclipsed if the ballance of justice goe right and his laws be duly executed Thus doing Mr. Speaker and making Jerusalem our chiefest joy we shall be a blessed Nation and a happy People But if we shall let goe our Christian hold and lose our Parliament proofe and old English well-tempered mettle Let us take heed that our Buckler break not our Parliaments melt not and our golden Candlestick be not removed which let me never live to see nor England to feele the want of that is my prayer conclude my former motion Mr. Hides Argument before the the Lords in the upper House of Parliament April 1641. MY Lords I am commanded by the Knights Citizens and Burgesses of the House of Commons to present to your Lordships a great and crying grievance which though it be complained of in the present pressures but by the Northern parts yet by the Logick and Consequence of it it is the grievance of the whole Kingdome The Court of the Presidents and Councell of the North or as it is more usually called the Courts of York which by the spirit and ambition of the Ministers trusted there or by the naturall inclination of Courts to enlarge their own power and jurisdiction hath so prodigiously broken down the bankes of the first Councell in which it ran hath almost overwhelmed that Countrey under the Sea of Arbitrary power and involved the people in a Labyrinth of distemper oppression and poverty Your Lordships will give me leave not with presumption to informe your great understandings but that you may know what moved the House of Commons to their resolutions to remember your Lordships of the foundation and erecting this Court and of the progresse and growth of it Your Lordships well know that upon the suppression of all religious houses to such a value in the 27. yeere of H. 8. from that time to the thirtieth yeare of that Kings raigne many not fewer than six Insurrections and Rebellions were made in the Northern parts under pretence of that quarrell most of thē under the cōmand of some eminent person of that country the which being quieted before the end of the 13. year that great King well knowing his own minde and what he meant to doe with the great Houses of Religion in the year following for prevention of any inconvenience that might ensue to him upon such distemper in the 31. year of his reign granted a Commission to the Bishop of Landaffe the first President and others for the quiet government of the County of Yorke Northumberland Cumberland and Westmoreland the Bishoprick of Durham the County of the Cities of Yorke Kingston upon Hull and New-Castle upon Tyne But my Lords this Commission was no other then a Commission of Oyre and Terminer only it had a clause at the end of it for the hearing of all causes reall and person quando ambae partes vel altera pars sit gravata paupertate fuerit quod quomodo vis suum secundum legem Regni nostri aliter persequi non possit which clause how illegall soever for that it is illegall and void in Law little doubt can be made yet whether they exercise that part of the Commission at all or so sparingly exercised it that poore people found ease and benefit by it I know not but at that time I finde no complaint against it till the comming in of King James the Commission continued still the same and that in the first year of his Reigne to the Lord Sheffeild varied no otherwise from the former same onely it had reference to Instructors which should be sent though any new sent or no is uncertaine but we can finde none In June in the seventh yeare of the Reigne of King James a new Commission was granted to the same man the
inclining and returning to Popery and the Religion of Antichirst as hath most cleerly appeared even in our daies as well as before since the restoring of Religion I shall for this time instance onely in three places of the Rubrick corrupted by Bishops In the Rubrick confirmed by act of Parliament in the beginning of it It is directed that prayer shall be in such place of the Church or Chancell and the Minister shall so turne him as the people may best heare In the Rubrick as it is now Printed prayer shall be used in the accustomed place c. except it shall be otherwise determined by the Ordinary Whereby they have introduced the Popish practice of reading Prayers at the upper end of the Chancell at their Altar where few in the Church can see them and fewer heare them and turning their faces to the East and their backs to the people in reading in the Desk and colour all with the determination of the Ordinary Secondly in the Letany there are these words in the book of Common prayer confirmed by the Statutes of 5. and 6. Ed. 6. and of 1 Eliz. From the tyranny of the Bishop of Rome and all his detestable enormities good Lord deliver us and that the Bishops in the latter books have caused to be left out wholly Thirdly in the Rubrick concerning the administration of the Lords Supper as it stands now altered an excellent declaration of the reason why kneeling at this Sacrament was left in the reformation and a renunciation of Transubstantiation Consubstantiation adoration of the bread and wine as abhominable Idolatries are wholly obliterate and left out that the use of that gesture there might be rendred the more suspicious and superstitious and a more clear way might be made to induce the Popish superstitious innovations that have been since obtruded upon us concerning the Table Altar supreminent presence of God almighty there cringings Altar-worship and the like And I conceive alterations were made by the Bishops as appeares unto me by the Proclamation they procured to be set forth 5. Martii 1. Jac. concerning the booke of Common prayer And how can things prosper better in the hands of the Episcopacy when Gods blessing alone giveth out prosperity and the Lord disposeth his blessing in his owne way only and not in any other And this being no plant planted by God in his Church how can it be expected it should yeeld us any better fruits then we have received from it Againe if I be not much deceived the Episcopacy in whatsoever it exceeds the Presbyters office in which sense only I speak of it is abranch of the Hierarchy of Rome and of the Antichrist and of that consider what is prophesied Revel 14.11 They shall not have any rest day nor night that receive any print of the name of the Beast and examine the former and present times whether the same hath not been verified among us and in all such places where that Hierarchy hath been entertained whether the most troubles and miseries of the Churches and in great part also of the Common-wealth have not sprung from the said Episcopacy and the fruites thereof Therefore let us proceed to the perfecting of the Reformation of our Church and to the gathering out of it every stone that offends even whatsoever is not according to God and the standard of his word and reduce every thing in the government to the rule and walke in it in Gods way which is the sure way to have his presence with us and blessing upon us and ours for ever It hath ever been a point of higher honour from God and of greater acceptance and esteem with him to advance the reformation of his Church and worship 2 Cro. 17.6 3. iIâ— 1 Kings 15.14 2 Kings 12.3 1 Cron. 28.16 Zac. 4.7 and was ever will be a reproach from him and blot upon such as have left any thing not agreeable to his word unreformed and not taken away Up then let us be doing and the Lord will goe before us and make plain all mountains that may occurre in our way and give a blessed issue and successe To the honorable Houses of Parliament now assembled The humble Petition of many of the Inhabitants within his Majesties County of Kent Most humbly shewing THat by sad experience we doe daily finde the Government of the Church of England by Arch-Bishops Bishops Deans and Arch-Deacons with their Courts Jurisdictions and Administrations by them and their inferiour Officers to be very dangerous both to Church and Commonwealth to be the occasions of manifold Grievances unto his Majesties Subjects in their Consciences Liberties and Estates and likely to be fatall unto us in the continuance thereof the dangerous effects of which Lordly power in them have often appeared in these particulars following 1 They doe with a hard hand over-rule all other Ministers subjecting them to their cruell Authority 2 They doe suspend and deprive many godly Religious and painfull Ministers upon sleight and upon no grounds whilest in the mean time few of them preach the Word of God themselves and that but seldome but they doe restrain the painfull preaching of others both for Lectures and for afternoon Sermons on the Sabbath day 3 They doe countenance and have of late encouraged Papist Priests and Arminian books and persons 4 They hinder good and godly books yet they doe license to be published many Popish and Arminian and other dangerous Books and Tenents 5 They have deformed our Churches with Popish Pictures and seated them with Romish Altars 6 They have of late extolled and commended much the Church of Rome denying the Pope to be Antichrist affirming the Church of Rome to be a true Church in Fundamentals 7 They have practised and enforced antiquated and obsolete Ceremonies as standing at all Hymns and at Gloria patri turning to the East at severall parts of the Divine Service Bowing at the Altar which they term the place of Gods Refidence upon earth the reading of a second Service at the Altar and denying the holy Sacrament of the Eucharist to such as have not come up to the new set rayl before the Altar 8 They have made and confirmed new illegall Canons and Constitutions and framed a most pernitious and desperate Oath an Oath of covenant and confederacy for their own Hierarchicall greatnesse besides many other very dangerous and pernitious passages in the said Canons 9 They doe dispense with pluralities of Benefices they doe both prohibit and grant Marriages neither of them by the rule of Law or Conscience but doe prohibit that they may grant and grant that they may have money 10 They have procured a licentious liberty for the Lords day and have pressed the strict observation of the Saints Holydayes and doe punish suspend and deprive godly Ministers for not publishing that book for liberty of sports on the Sabbath day 11 They doe generally abuse the great Ordinance of Excommunication making a great gain of it
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
manifold and grosse superstitions and idolatries and to be repugnant to the Doctrine Discipline and order of our Reformation to the confession of faith constitutions of generall Assemblies and Acts of Parliament establishing the true Religion that this also was Canterburies worke we make manifest By the memoirs and instructions sent unto him from our Prelates wherein they gave a speciall account of the diligence they had used to do all which herein they were enjoyned by the approbation of the Service booke sent to them and of all the marginall corrections wherein it varieth from the English book shewing their desire to have some few things changed in it which notwithstanding was not granted This we finde written by Saint Androis own hand and subscribed by him and nine other of our Prelates By Canterburies owne letters witnesses of his joy when the booke was readie for the Presse of his prayers that God would speed the worke of the hope to see that Service set up in Scotland of his diligence to send for the Printer and directing him to prepare a black letter and to send it to his servants at Edinburgh for printing this booke Of his approbation of his proofes sent from the Presse Of his feare of delay in bringing the worke speedily to an end for the great good not of that Church but of the Church Of his encouraging Rosse who was entrusted with the Presse to go on in this peece of service without feare of enemies All which may be seen in the Autographs and by letters sent from the Prelate of London to Rosse wherein as he rejoyceth at the sight of the Scottish Canons which although they should make some noise at the beginning yet they would be more for the good of the Kirk than the Canons of Edinburgh for the good of the Kingdom So concerning the Leiturgy he sheweth that Rosse had sent to him to have an explanation from Canterbury of some passage of the Service booke and that the Presse behoved to stand till the explanation come to Edinburgh which therefore he had in haste obtained from his Grace and sent the dispatch away by Canterburies own conveyance But the booke it selfe as it standeth interlined margined and patcht up is much more than all that is expressed in his letters and the changes and supplements themselves taken from the Masse-booke and other Romish Ritualls by which he maketh it to vary from the Booke of England are more pregnant testimonies of his popish spirit and wicked intentions which he would have put in execution upon us then can be denied The large declaration professeth that all the variation of our booke from the booke of England that ever the King understood was in such things as the Scottish humour would better comply with than with that which stood in the English Service These popish innovations therefore have been surreptitiously inserted by him without the Kings knowledge and against his purpose Our Scottish Prelates do petition that something may be abated of the English ceremonies as the Crosse in Baptisme the Ring in Marriage and some other things But Canterbury will not only have these kept but a great many more and worse superadded which was nothing else but the adding of fewell to the fire To expresse and discover all would require a whole booke we shall only touch some few in the matter of the Communion This book inverteth the ordor of the Communion in the book of England as may be seen by the numbers setting down the orders of this new Communion 1.5.2.6.7.3.4.8.9.10.15 Of the divers secret reasons of this change we mention one only in joyning the spirituall praise and thanksgiving which is in the book of England pertinently after the Communion with the prayer of Consecration before the Communion and that under the name of memorable or oblation for no other end but that the memoriall and sacrifice of praise mentioned in it may be understood according to the popish meaning Bellar. de Missae lib. 2. cap. 21. Not of the spirituall sacrifice but of the oblation of the body of the Lord. It seemeth to be no great matter that without warrant of the book of England the Presbter going from the North end of the Tabls shall stand during the time of Consecration at such a part of the Table where he may with the more ease and decencie use both hands yet being tryed it importeth much as that he must stand with his hinder parts to the people representing sayth Durand that which the Lord sayd of Moses Thou shalt see my hinder parts He must have the use of both his hands not for any thing he hath to do about the bread and wine for that may be done at the North end of the Table and be better seen of the people but as we are taught by the Rationalists that he may be stretching forth his arms to represent the extension of Christ on the Crosse and that he may the more conveniently lift up the bread and wine above his head to be seen and adored of the people who in the Rubrick of the generall Confession a little before are directed to kneel humbly on their knees that the Priests elevation so magnified in the Masse and the peoples adoration may go together That in this posture speaking with a low voyce and muttering for sometimes he is commanded to speak with a lowd voyce and distinctly he be not heard by the people which is no lesse a mocking of God and his people then if the words were spoken in an unknown language As there is no word of all this in the English Service so doth the booke in King Ed. time give to every Presbyter his liberty of gesture which yet gave such offence to Bucer the censurer of the book and even in Cassanders own judgement a man of great moderation in matters of this kinde that he calleth them Nunquam satis execrandos Misse gestus and would have them to be abhorred because they confirm to the simple and superstitious ter impiam exitialem Misse fiduciam The corporall presence of Christs body in the Sacrament is also to be found here for the words of the Mass-book serving to this purpose which are sharply censured by Bucer in King Ed. Leiturgy and are not to be found in the book of England are taken in here Almighty God is incalled that of his Almighty goodnesse he may vouchsafe so to blesse and sanctifie with his Word and Spirit these gifts of bread and wine that they may be unto us the body and bloud of Christ The change here is made the worke of Gods omnipotencie the words of the Masse ut fiant nobis are translated in King Edwards booke That they may be unto us which are againe turned into Latine by Alesius ut fiant nohis On the other part the expressions of the booke of England at the delivery of the Elements of feeding on Christ by faith and of eating and drinking in remembrance that Christ dyed for
of them lesse inclinable to Poperie yet what knowne truth and constant experience hath made undeniable we must at this opportunitie professe that from the first time of Reformation of the Kirk of Scotland not only after the comming of King James of happy memory into England but before the Prelates of England have been by all means uncessantly working the overthrow of our Discipline and Government And it hath come to passe of late that the Prelates of England having prevailed and brought us to subjection in the point of government and finding their long waited for opportunity and a rare congruity of many spirits and powers ready to cooperate for their ends have made a strong assault upon all the externall worship and Doctrine of our Kirk By which their doing they did not ayme to make us conforme to England but to make Scotland first whose weaknesse in resisting they had before experienced in the Novations of government and of some points of worship and thereafter England conforme to Rome even in these matters wherein England had seperated from Rome ever since the time of Reformation An evill therefore which hath issued not so much from the personall disposition of the Prelates themselves as from the innate qualitie and nature of their office and Prelaticall Hierarchy which did bring forth the Pope in ancient times and never ceaseth till it bringeth forth popish Doctrine and worshippe where it is once rooted and the principles thereof fomented and constantly followed And from that antipathy and inconsistency of the two formes of Ecclesiasticall Government which they conceived and not without cause that one Island united also under one head and Monarch wes not able to beare the one being the same in all the parts and powers which it wes in the time of Popery and now is in the Roman Church The other being the forme of Government received maintained and practised by all the Reformed Kirks wherein by their own testimonies and and confessions the Kirk of Scotland had amongst them no small eminencie This also we represent to your Lordships most serious consideration that not only the firebrands may be removed but that the fire may be provided against that there be no more combustion after this THE CHARGE OF THE SCOTTISH Commissioners against the Livetenant of Ireland IN our Declarations we have joyned with Canterbury the Lord Lievetenant of Ireland whose malice hath set all his wits and power on work to devise and do mischiefe against our Kirk and Countrey No other cause of his malice can we conceive but first his pride and supercilious disdain of the Kirk of Scotland which in his opinion declared by his speeches hath not in it almost any thing of a Kirk although the Reformed Kirks and many worthy Divines of England have given ample testimony to the Reformation of the Kirk of Scotland Secondly our open opposition against the dangerous innovation of Religion intended and very far promoved in all his Majesties dominions of which he hath shewed himselfe in his own way no lesse zealous then Canterbury himselfe as may appeare by his advancing of his Chaplain D. Bramble not only to the Bishoprick of Derry but also to be Vicar-generall of Ireland a man prompted for exalting of Canterburian Popery and Arminianisme that thus himself might have the power of both swords against all that should maintain the Reformation by his his bringing of D. Chappel a man of the same spirit to Vniversity of Dublin for poysoning the fountains and corrupting the Seminaries of the Kirk And thirdly when the Primate of Ireland did presse a new ratification of the Articles of that Kirk in Parliament for barring such Novations in Religion he boldly menaced him with the burning by the hand of the Hang-man of that Confession although confirmed in former Parliaments When he found that the Reformation begun in Scotland did stand in his way he left no means unassaied to rub disgrace upon us and our cause The peeces printed at Dublin Examen conjurationis Scoticanae The ungirding of the Scottish Armour the pamphlet bearing the counterfeit name of Lisimachus Nicanor all three so full of calumnies slanders and scurrilities against our Countrey and Reformation that the Jesuites in their greatest spite could not have sayd more yet not only the Authors were countenanced and rewarded by him but the books must bear his name as the great Patron both of the work and workman When the Nationall Oath and Covenant warranted by our generall Assemblies was approved by Parliament in the Articles subscribed in the Kings name by his Maiesties high Commissioner and by the Lords of privie Counsell and Commanded to be sworn by his Majesties Subiects of all ranks and particular and plenary information was given unto the Lievetenant by men of such quality as he ought to have believed of the loyalty of our hears to the King of the lawfulnesse of our proceedings and innocency of our Covenant and whole course that he could have no excuse yet his desperate malice made him to bend his craft and cruelty his fraud and forces against us For first he did craftily call up to Dublin some of our Country-men both of the Nobility and Gentry living in Ireland shewing them that the King would conceive and account them as Conspirers with the Scots in their rebellious courses except some remedie were provided and for remedy suggesting his own wicked invention to present unto him and his own wicked Councell a petition which he caused to be framed by the Bishop of Raphoe and was seen and corrected by himselfe wherin they petitioned to have an oath given them containing a formall renunciation of the Scottish Covenant and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever No sooner was this Oath thus craftily contriv'd but in all haste it is sent to such places of the Kingdome where our Countrey-men had residence and men women and all other persons above the years of sixteen constrained either presently to take the Oath and therby renounce their Nationall Covenant as seditious and trayterous or with violence and cruelty to be haled to the Jayle fined above the valew of their estates and to be kept close prisoners and so farre as we know some are yet kept in prison both men and women of good quality for not renouncing that Oath which they had taken forty years since in obedience to the King who then lived A cruelty ensued which may paralell the persecutions of the most unchristian times for weake women dragged to the Bench to take the Oath dyed in the place both mother and Child hundreds driven to hide themselves till in the darknesse of the night they might escape by Sea into Scotland whither thousands of them did flye being forced to leave Corn Cattell Houses and all they possessed to be prey to their persecuting enemies the Lievetenants Officers And some indited and declared guilty of high-treason for no other guiltinesse but for
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
and Liberties were of late more pressing than we were able to bear That our Complaints and Supplications for redresse were answered at last with the terrors of an Army That after a pacification greater preparations were made for war whereby many Acts of Hostility were done against us both by Sea and Land The Kingdome wanted administration of Justice and we constrained to take Arms for our defence That we were brought to this extreme and intolerable necessity either to maintain divers Armies upon our Borders against Invasion from England or Ireland still to be deprived of the benefit of all the Courts of Justice and not onely to maintain so many thousands as were spoyled of their ships and goods but to want all Commerce by Sea to the undoing of Merchants of Saylors and many other who lived by Fishing and whose Callings are upholden from hand to mouth by Sea trade Any one of which evils is able in a short time to bring the most potent Kingdome to Confusion Ruine and Desolation how much more all the three at one time combined to bring the Kingdome of Scotland to be no more a Kingdome Yet all these behoved We either to endure and under no other hope than of the perfect slavery of our selves and our posterity in our souls Lives and means Or to resolve to come into England not to make any Invasion or with any purpose to fight except we were forced God is our Judge our actions are our witnesses and England doth now acknowledge the truth against all suspicions to the contrary and against the impudent lies of our enemies but for our relief defence and preservation which we could finde by no other means when we had essayed all means and had at large expressed our pungent and pressing necessities to the Kingdome and Parliament of England Since therefore the war on our part which is no other but our coming into England with a Guard is defensive and all men do acknowledge that in common equity the defendant should not be suffered to perish in his just and necessary defence but that the persuer whether by way of Legall processe in the time of Peace or by way of violence and unjust invasion in the time of war ought to bear the charges of the defendant We trust that your Lordships will think that it is not against reason for us to demand some reparation of this kinde and that the Parliament of England by whose wisedome and justice we have expected the redresse of our wrongs will take such course as both may in reason give us satisfaction and may in the notable demonstration of their Justice serve most for their own honour Our earnestnesse in following this our Demand doth not so far wrong our fight and make us so undiscerning as not to make a difference between the Kingdome and Parliament of England which did neither discerne nor set forward a Warre against us And that prevalent faction of Prelates and Papists who have moved every stone against us and used all sorts of means not onely their Counsells Subsidies and Forces but their Church Canons and Prayers for our utter ruine which maketh them obnoxious to our just accusations and guilty of all the losses and wrongs which this time past we have sustained Yet this we desire your Lordships to consider That the States of the Kingdome of Scotland being assembled did endeavour by their Declarations Informations and Remonstrances and by the proceedings of their Commissioners to make known unto the Councell Kingdome and Parliament of England and to forewarn them of the mischief intended against both Kingdomes in their Religion and Liberties by the Prelates and papists to the end that our Invasion from England might have been prevented if by the prevalency of the faction it had been possible And therefore we may now with the greater reason and confidence presse our Demand that your Lordships the Parliament the Kingdome and the King himself may see us repaired in our losses at the cost of that faction by whose means we have sustained so much dammage And which except they repent we finde sorrow recompenced for our grief torments for our toyl and an infinite greater losse for the Temporall losses they have brought upon a whole Kingdome which was dwelling by them in peace All the devices and doings of our common enemies were to bear down the truth of Religion and the just liberties of the Subjects in both Kingdomes They were confident to bring this about one of two wayes Either by blocking us up by Sea and Land to constrain us to admit their will for a law both in Church and Policy and thus to make us a precedent for the like misery in England or by their Invasion of our Kingdome to compell us furiously and without order to break into England That the two Nations once entred into a bloody Warre they might fish in our troubled waters and catch their desired prey But as we declared before our coming We trusted that God would turn their wisedome into foolishnesse and bring their devices upon their own pares by our Intentions and Resolutions to come into England as among our Brethren in the most peaceable way that could stand with our safety in respect of our common enemies to present our petitions for setling our peace by a Parliament in England wherein the intentions and actions both of our adversaries and ours might be brought to light The Kings Majesty and the Kingdome right informed The Authors and Instruments of our divisions and troubles punished All the mischiefs of a Nationall and doubtfull warre prevented and Religion and Liberty with greater peace and amity than ever before established against all the craft and violence of our enemies This was our Declaration before we set our England from which our deportments since have not varied And it hath been the Lords wonderfull doing by the wise counsels and just proceedings of the Parliament to bring it in a great part to passe and to give us lively hopes of a happy conclusion And therefore we will never doubt but that the Parliament in their wisedom and iustice will provide that a proportionable part of the cost and charges of a work so great and so comfortable to both Nations be born by the Delinquents there that with the better conscience the good people of England may sit under their own Vines and Fig-trees refreshing themselves although upon our great pains and hazard yet not altogether upon our cost and charges which we are not able to bear The Kingdome of England doth know and confesse that the innovation of religion and liberties in Scotland were not the principall designe of our common enemies but that both in the intention of the workers whose zeal was hottest for setling their devices at home and in the condition so the work making us whom they conceived to be the weaker for opposition to be nothing else but a leading case for England And that although by the power of God which