SPEECHES AND PASSAGES Of This GREAT and HAPPY Parliament: From the third of November, 1640, to this instant June, 1641. Collected into One Volume, and according to the most perfect Originals, exactly published. LONDON, Printed for William Cook, and are to be sold at his shop, at Furnifalls-Inne-gate, in Holborn, 1641. The Contents. HIS Majesty's first speech, Novem. 3. 1640. His Majesty's second speech, Novem. 5. 1640. His Majesty's third speech to both houses, Jan. 25. 1640. His Majesty's speech, at the passing of the Bill for a Trieniall Parliament. His Majesty's Letter sent by the Prince, in the behalf of the Earl of Strafford to the Lords. The Lords Answer. That Bishops ought not to have voice in Parliament. Lord Keeper's speech in the upper house of Parliament, Novem. 3. 1640. Master Speakers speech. Fol. 1. Lord Digbyes speech, Novem. 9 1640. concerning grievances and the trieniall Parliament. Lord Digbyes second speech for trieniall Parliament, Fol. 12. The Honourable Nathaniels Fynes his speech, Fol. 22 Master Rous his speech before the Lords against Doctor Cousins, Doctor Mannering, and Doctor Beale Fol. 45 The second speech of the Honourable Nathaniel Fynes Fol. 49 Lord D●gbyes speech, concerning Bishops London petition, Feb. 9 Fol. 65 Lord Finch his accusation Fol. 76 Lord falkland's speech after the reading the Articles of the Lord Finch, Fol. 83 Sir Edward Deering first speech, Fol. 88 His second speech, Fol. 90 His third speech, Fol. 93 His foe th' speech, Fol. 97 M●ster Bagshawes speech concerning Bishops and the London petition, Fol. 99 Sir Benjamin Ruddyers first speech, Fol. 103 His second speech, Fol. 110 His third speech, Fol. 113 Master Pyms Message, for the commitment of my Lord Strafford, Fol. 116 Articles against the Lord Strafford, Fol. 117 Further impeachment of Thomas Earl of Strafford, Fol. 120 Earl of Bristows speech, D●cember 7, Fol. 143 Master Mynards' speech in reply to the Lord Strafford, Fol. 145 The Earl of Bristows speech upon the delivering of, by him the Scottish Remonstrance, Fol. 150 His Majesty's speech to both Houses, Feb. 3. 1640. Fol. 159 Londoners fi●st petition, Fol. 161 Their grievances by the Prelates, Fol. 162 Resolution of the sixth demand by the Commons, Fol. 171 The Scots Answer to the resolution, Ibid. The Pears demand upon the foresaid Answer, Fol. 172 The Scots Commissioners Answer, Ibid. Articles against Secretary Windibanck, Fol. 174 A speech made by the Lord Finch in the Commons House, N●vem. 21. 1640. Fol. 169 Master Grimstons second speech, Fol. 179 A message sent by the Queen to the House of Commons, by Master Comproller, Fol. 185 The report of the King's message by the Lords, to the House of Commons, Jan. 29. 1640. Fol. 184 Sir Thomas Rows speech, Fol. 185 Lord falkland's speech, Fol. 188 Master Pyms speech after the Articles of Sir George Ratcliff, Fol. 198 His second speech after the reading of the Articles, Fol. 202 Master Speakers speech presenting these Bills for shortening of Michaelmas term, pressing of Mariners for the remainder of six Subsidies, Fol. 204 Master Pleadwels speech, Fol. 206 Sir Thomas Rows reports to the Commit, Fol. 209 M●ster Rigbyes answer to the Lord ●ineb his last speech, Fol. 221 Master waller's speech, Fol. 224 Master Hollis his speech delivered with the Protestation, Fol. 232 Orders for the taking of the Protestation, Fol. 236 Master Grimstons third speech, Fol. 205 Lord Digbyes speech upon the Bill of attainder of the Lord Strafford, Fol. 213 Lord strafford's speech on the Scaffold, Sixteen queres, Fol. 233 Captain Audleyes Mervirs speech, Fol. 237 His speech at the peachment of Sir Richard Boulton Knight, and others, Fol. 249 Articles against Sir Richard Boulton, 256 Sir Thomas Wentworths first speech, March 22, 1637, His second speech, April 21, 1628. Fol. 259 A petition to the Lord Deputy, Fol. 262 A speech against the Judges, Fol. 267 A discourse concerning the power of Pears in Parliament, Fol. 275 Sir John Holland's speech, Fol. 281 Sir Edward Hales speech, Fol. 284 Sir john's Wrayes speech concerning the Commons, Fol. 288 Sir John Wrayes second speech, Fol. 290 Preamble with the Protestation, Fol. 300 Bill of Attainder against the Earl of Strafford, Fol. 303 Viscount Newarks fi●st speech, for the right of Bishops, Fol. 305 His second speech for their Temporal affairs, Master Peards' against the oath Exofficio, Fol. 313 Master Speakers letter to Sir Jacob Ashley, Fol. 315 Articles against the Bishop of Bath and Wells, Fol. 318 Sir B. Ruddyers speech, Fol. 3●6 His Speech concerning the Queen's Jointure. Fol. 317.321 Lord Andevers speech concerning the Star-Chamber, An order May 10, 1641. that no English shall frequent the Ambassadors to hear Mass. Lord Finch his Lletter to the Lord Chamberlain, Fol. 324 Lord Keeper's speech to his Majesty, in the name of both the Houses. Fol. 325 Declaration of the Scots, touching the maintenance of their Army. Fol. 326 The humble Remonstrance delivered by the Lord Keeper, Fol. 528 The Earl of strafford's Letters to his Majesty. Fol. 332 E●●l of strafford's Petition before be died to both Houses. Fol. 225 The Lord falkland's first speech in Parliament. Fol. 336 Sir Jo. Culpeppers speech Fol. 342 Mr. Bagshawes' speech, 7 No. 1640. Fol. 545 Petition of the Earl of Straf for examination of witnesses. Fol. 343 Order concerning the prices of Wine. Fol. 350 Sir Tho. Rows speech concerning Brass money. Remonstrance of the Parliament in Ireland. Fol. 321 A Message from the House of Commons to his Majesty; His Majesty's answer. Fol. 328 Vote concerning the Cannons. Ibidem. Orders concerning Monopolies. Fol. 329 Order against Monopolies. Ibidem. The Scottish Commissioners thanks to his Majesty. Fol. 330 The humble Remonstrance of the Mr. Wardens of Vintners. Ibidem. Petition of Oxford. Fol. 383 Sergeant glanvil's speecd. Fol. 388 Secretary Windebancks Letter to the Lord Chamberlain. Fol. 393 Lord Andevers speech concerning pacification. Fol. 327 An Order against drinking on the Sabbath day. Fol. 401 Sir John Wrayes occasional speeches. 1 Concerning Religion. Fol. 401 2. Upon the Scottssh treaty. Fol. 403 3. Impeachment of the Lord Strafford. Fol. 404 4. Upon the Strafford 〈◊〉 knot. Fol. 406 5. Upon the same 〈…〉. 6. A seasonable 〈◊〉 or a loyal Covenant. Fol. 408 Mr. Hid●● Argument. Fol. 409 Mr. White concerning Episcopacy. Fol. 417 Cities second ●●tition. The Kentish Petition Sir John Wrayes ninth speech. Lord Digbies speech. Fol. 455 Mr. Pyms speech. Fol. 458 Sir Thomas barrington's speech. Accusation of Sir George Ratcliff. Fol. 504 The charge of the Scottish Commissioners against Canterbury. Fol. 505 Sir Henry Vanes speech against Bishops. The Charge of the Scotch Commissioners against the Lieutenant of Ireland Fol. 519 The Scotch Commissioners demand concerning the six●h Article. Fol. 525 The English Peers demand concerning the preceding Articles. Fol. 531 The Scotch Commissioners answer to the demand. Ibid. Captain Audley Mervins speech concerning the Judicature of the Parliament. The Speakers speech at the presenting of the bill of Tonnage and Poundage. His Majesty's speech concerning it. Mr. Pyms Relation of the whole matter of my Lord of Stafford. Mr. St. John's Argument. The KING'S Majesties First Speech in Parliament the third of November, 1640. My Lords, THe knowledge I had of the desires of my Scottish Subjects, was the cause of my calling the last Assembly of Parliament, wherein had I been believed; I sincerely think, that things had not fallen out as now we see: But it is no wonder that men are so slow to believe that so great a sedition should be raised on so little ground. But now my Lords, and Gentlemen, the honour and safety of this Kingdom lying so nearly at the stake; I am resolved to put myself freely and clearly on the love and affections of my English Subjects, as these of my Lords that did wait on me at York, very well remember I there declared. Therefore my Lords, I shall not mention mine own interest, or that support I might justly expect from you, till the common safety be secured; though I must tell you I am not ashamed to say, those charges I have been at, have been merely for the securing and good of this Kingdom, though the success hath not been answerable to my desires. Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdom, wherein their be two parts chief considerable. First, the chastifing out of the Rebels. And secondly, that other, in satisfying your just grievances, wherein I shall promise you to concur so hearty and clearly with you, that all the World may see my intentions have ever been and shall be, to make this a glorious and flourishing Kingdom. There are only two things that I shall mention to you; First, the one is to tell you that the Loane of money which I lately had from the City of London, wherein the Lords that waited on me at York assisted me, will only maintain my Army for two months from the beginning of that time it was granted. Now my Lords, and Gentlemen, I leave it to your considerations, what dishonour and mischief it might be, in case for want of money my Army be disbanded, before the Rebels be put out of this Kingdom. Secondly, the securing the calamities the Northern people endure at this time, and so long as the treaty is on foot. And in this I may say not only they, but all this Kingdom will suffer the harm; therefore I leave this also to your consideration, for the ordering of these great affairs whereof you are to treat at this time. I am so confident of your love to me, and that your care is for the honour and safety of the Kingdom, that I sh●ll freely and willingly leave to you where to begin: only this, that you may the better know the state of all the Affairs. I have commanded my Lord Keeper to give you a short and free account of these things that have happened in this interim, wi●h this Protestation, tha● if this account be not satisfactory as it ought to be. I shall whensoever you desire, give you a full and perfect account of every particular. One thing more I desire of you, as one of the greatest means to make this a happy Parliament; That you on your parts, as I on Mine, lay aside all suspicion one of another, as I promised my Lords at York; It shall not be my fault if this be not a happy and good Parliament. The King's speech in Parliament the fift of November, 1640. My Lords, I do expect that you will hastily make relation to the House of Commons, of those great affairs for which I have called you hither at this time, and for the trust I have reposed in them, and how freely I put myself on their love and affections at that time; and that you may know the better how to do so, I shall explain myself concerning one thing I spoke the last day. I told you the Rebels must be put out of this Kingdom; it's true, I must needs call them so, so long as they have an Army that do invade us; and although I am under treaty with them, and I under my great Seal do call them Subjects, and so they are too, but the state of my Affairs in short is this. It's true, I did expect when I did will my Lords and great ones at York, to have given a gracious answer to all your grievances; for I was in good hope by their wisdoms and assistances to have made an end of that business, but I must tell you that my Subjects of Scotland did so delay them, that it was not possible to end there: Therefore I can no ways blame my Lords that were at Rippon, that the treaty was not ended, but must thank them for their pains and industry, and certainly had they as much power as affections, I should by that time have brought these distempers to a happy period; so that now the treaty is transported from Rippon to London, where I shall conclude nothing without your knowledge, and I doubt not but by your approbation; for I do not desire to have this great work done in a corner, for I shall lay open all the steps of this misunderstanding, and causes of the great differences between Me and my Subjects of Scotland. And I doubt not but by your assistance to make them know their duty, and also by your assistance to make them return whether they will or no. The King's Speech to both the Houses, january 25. 1640. My Lords, THe Knights, Citizens, Burgesses; The principal cause of my coming here at this time, is by reason of the slow proceed in Parliament, touching which is a great deal of inconvenience. Therefore I think it very necessary to lay before you the state of my affairs as now they stand, thereby to hasten (not interrupt) your proceed. First, I must remember you that there are two Armies in the Kingdom, in a manner maintained by you, the very naming of which, doth more clearly show the inconvenience thereof, than a better tongue than mine can express. Therefore in the first place, I shall recommend unto you the quick dispatch of that business, assuring you that it cannot rest upon me. In the next place I must recommend unto you the State of my Navy and Forts; the condition of both which is so well known unto you, that I need not tell you the particulars, only thus much; they are the Walls and defence of this Kingdom, which if out of order, all men may easily judge what encouragement it will be to Our enemies, and what disheartening to our friends. Last of all, (and not of the least to be considered) I must lay before you the distractions that are at this present occasioned through the cause of Parliament; for there are some men that more maliciously than ignorantly, will put no difference between Reformation, and alteration of government. Hence it commech that divine Service is irreverently interrupted, and Petitions in an ill way given in, neither disputed nor denied. But I will enter into no more particulars, but show you a way of remedy, by showing you my clear intentions, and some mark that may hinder this good work. I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church, and Commonwealth, and consequently that all Courts of Justice may be reform according to Law. For my intentions is clearly to reduce all things to the best and purest times as they were in the time of Queen Elizabeth. Moreover, whatsoever part of my Revenue shall be found illegal or heavy to my Subjects, I shall be willing to lay down, trusting in their affections. Having thus clearly and shortly set down my intentions, I will show you some rubs, and must needs take notice of some very strange (I know not what term to give them) Petitions given in the name of divers Counties, against the established government of the Church, and of the great threaten against the Bishops, that they will make them to be but a Cipher, or at least taken away. If some of them have encroached too much upon the Temporalty (if it be so) I shall not be unwilling these things should be redressed and reform, as all other abuses according to the wisdom of former times; so fare I shall go with you, no farther. If upon serious debate you shall show that Bishops have some Temporal Authority, not so necessary for the government of the Church, and upholding Episcopal Jurisdiction; I shall not be unwilling to desire them to lay it down, but this must not be understood, that I shall any way consent that their voice in Parliament should be taken away; for in all the times of my Predecessors since the Conquest, and before, they have enjoyed it; I am bound to maintain them in i, as one of the fundamental Institutions of this Kingdom. There is one other Rock you are on, not in substance, but in service; and the form is so essential, that unless it be reform, will split you on that Rock. There is a Bill lately put in concerning Parliaments. The thing I like well to have frequent Parliaments, but for Sheriffs and Constables to use my Authority, I can no ways consent unto. But to show that I desire to give you content in substance as well as in show, that you shall have a Bill for doing thereof, so that it do not trench neither against my Honour, neither against the ancient Prerogatives of the Crowns concerning Parliaments, Ingeniously confess, often Parliaments is the fittest means to keep correspondency between Me and my People, that I do so much desire. To conclude, now all that I have shown you, the state of my Affairs, My own clear intentions, and the Rocks I would have you shun. To give you all contentment, you shall likewise find by these Ministers, I have, or shall have, about me for the effecting of these my good intentions, which shall redouble the peace of the Kingdom, and content you all. Concerning the conference, you shall have a direct answer on Monday, which shall give you satisfaction. The King's speech to both Houses of Parliament in the Lord's House, at the passing of the Bill for a Trieniall Parliament, the 16th of November, 1640. MY Lords, and you the Knights, Citizens, and Burgesses of the House of Commons; you may remember when both Houses were with Me at the Banqueting House at Whitehall, I did declare unto you two Rocks I wished you to eschew, this is the one of them, and of that consequence, that I think never Bill passed here in this House of more favour to the Subjects than this is, and if the other Rock be as happily passed over as this shall be at this time, I do not know what you can ask for aught I can see at this time, that I can make any question to yield unto: Therefore I mention this to show unto you the sense that I have of this Bill, and obligation as I may say that you have to me for it, for hitherto, to speak freely, I have had no great encouragement to do it; if I should look to the outward face of your actions or proceed, and not look to the inward intentions of your hearts, I might make question of doing it. Hitherto you have gone on in that which concerns yourselves to amend, and yet those things that merely concerns the strength of this Kingdom, neither for the State, nor my own particular. This I mention, not to reproach you, but to show you the state of things as they are, you have taken the Government almost in pieces, and I may say, it is almost off the hinges. A skilful Watchmaker to make clean his Watch, he will take it a sunder, and when it is put together, it will go the better, so that he leave not forth then one pin in it. Now as I have done all this on my part, you know what to do on your parts, and I hope you shall see clearly that I have performed really what I expressed to you at the beginning of this Parliament, of the great trust I have of your affections to me, and this is the great expression of trust, that before you do any thing for me, that I do put such a confidence in you. HIS MAJESTY'S Letter to the Lords on the behalf of the Earl of Strafford, sent by the PRINCE. My Lords, I Did yesterday satisfy the Justice of the Kingdom by passing of the Bill of Attainder against the Earl of Strafford; but mercy being as inherent, and inseparable to a King as Justice. I desire at this time in some measure to show, that likewise by suffering that unfortunate man to fulfil the natural course of his life in a close imprisonment; yet so, that if ever he make the least offer to escape, or offer directly, or indirectly to meddle in any sort of Public business; especially with me, either by Message, or Letter, it shall cost him his life without further Process. This, if it may be done without the discontentment of my People, will be an unspeakable contentment to me. To which end, as in the first place, I by this Letter do earnestly desire your approbation, and to endear it the more, have chosen him to carry it, that of all your House is most dear to me. So I desire that by a conference, you will endeavour to give the House of Commons contentment: Likewise assuring you, that the excuse of mercy is no more pleasing to me, then to see both Houses of Parliament consent for my sake, that I should moderate the severity of the Law, in so important a case. I will not say that your complying with me, in this my intended mercy, shall make me more willing, but certainly 'twill make me more cheerful in granting your just grievances. But if no less than his life can satisfy my People, I must say fiat justitia. Thus again recommending the consideration of my intentions to you, I rest. Whitehall the 11th of May, 1641. Your unalterable and affetionate Friend, CHARLES, R. If he must die, it were charity to Reprieve him till Saturday. May 11th 1641. THis Letter all written with the Kings own hand, the Peers this day received in Parliament, delivered by the hand of the Prince. It was twice read in the House, and after serious and sad consideration, the House resolved presently to send 12. of the Peers Messengers to the King; humbly to signify, that neither of the two intentions expressed in the Letter, could with duty in them, or without danger to himself, his dearest Consort the Queen, and all the young Princes their Children, possibly be advised: With all which being done accordingly, & the reasons showed to his Majesty, He suffered no more words to come from them, but out of the fullness of his heart to the observance of Justice, and for the contentment of his people, told them, that what he intended by his Letter was with an (if) if it may be done without discontentment of his People; if that cannot be, I say again the same that I writ, fiat justitia. My other intention proceeding out of charity for a few day's respite, was upon certain information that his Estate was so distracted, that it necessarily required some few days for setlement thereof. Whereunto the Lords answered, their purpose was to be Suitors to his Majesty for favour to be showed to his innocent Children; and if himself had made any provision for them, that the same might hold. This was well liking to his Majesty, who thereupon departed from the Lords; at his Majesty's parting they offered up into his hands the Letter itself which he had sent; but He was pleased to say, my Lords, what I have written to you, I shall content it be Registered by you in your House. In it you see my mind, I hope you will use it to my honour. This, upon return of the Lords from the King, was presently reported to the House by the Lord Privy Seal, and ordered, that these Lines should go out with the King's Letter, if any copy of the Letter were dispersed. THAT BISHOPS ought not to have Votes in PARLIAMENT. 1 BEcause it is a very great hindrance to the exercise of their Ministerial Function. 2 Because they do vow and undertake at their Ordination when they enter into holy Orders, that they will give themselves wholly to that Vocation. 3. 4 Because Counsels and Canons in several Ages, do forbidden them to meddle with secular affairs, because 24 Bishops have dependency on the two Archbishops, and because of their Canonical obedience to them. 5 Because they are but for their lives, and therefore are not fit to have legislative power over the honours, inheritance, persons, and liberties of others. 6 Because of Bishop's dependency, and expecting translations to places of great profit. 7 That several Bishops have of late much encroached upon the consciennces and liberties of the Subjects; and they, and their Successors will be much encouraged still to encroach, and the Subjects will be much discouraged from complaining against such encouragements if 26 of that Order, be to be Judges of those complaints, the same reason extends to their legislative power in any Bill to pass for the regulation of their power, upon any emergent inconveniency by it. 8 Because the whole number of them is interessed to maintain the jurisdiction of Bishops, which hath been found so grievous to the three Kingdoms, that Scotland hath utterly abolished it, and multitudes in England, and Ireland have petitioned against it. 9 Because Bishops being Lords of Parliament, it setteth too great a distance between them, and the rest of their Brethren in the Ministry, which occasioneth pride in them, discontent in others, and disquiet in the Church. To their having Votes a long time. Answ. If inconvenient Time and usage are not to be considered with Lawmakers; some Abbots voted as anciently in Parliament as Bishops, yet are taken away. Therefore the Bishop's Certificate to plenary of Benefice and loyalty of Marriage, the Bill extends not to them. For the secular Jurisdictions of the Dean of Westminster, the Bishops of Durbam, and Ely, and the Archbishop of York, which they are to execute in their own persons, the former reasons show the inconveniencies therein. For their Temporal Courts and Jurisdictions which are executed by their Temporal Officers, the Bill doth not concern them. The Lord Keeper's Speech in the Upper House of Parliament. Novemb. 3. 1640. My Lords, ANd you the Knights, Citizens, and Burgesses of the House of Commons, you have been summoned by His Majesty's Gracious Writ, under the great Seal of England, and you are here this day assembled for the holding of a Parliament. The Writ tells you 'tis to treat, and consult of the High, Great, and weighty affairs, that concern the estate and safety of the Kingdom. It tells you true, that since the Conquest, never was there a time that did more require, and pray for the best advice and affection of the English people. It is ill viewing of objects, by viewing them in multiplying Glass, and it is almost as mischievous in the speech of such a broken Glass, which represents but to the half. The only and the perfect way is to look in a true Mirror. I will not take upon me to be a good looker in it, I will only hold it to you to make use of it. The Kingdom of England is this multiplying Glass, you may there see a State which hath flourished for divers hundred years, famous for time of peace and war, glorious at home, and ever considerable abroad. A Nation to whom never yet any Conqueror gave new Laws, nor abolished the old, nor would this Nation ever suffer a Conqueror to meddle with their Laws, no not the Romans, who yet when as they subdued all the people, made it part of the Conquest, to leave their Laws in triumph with them. For the Saxons, Danes, and the Normans, if this were a time to travel into such particulars, it were an easy task to make it appear, that it never changed the old established Laws of England, nor ever brought in any new, so as you have the frame and constitution of a Commonwealth, made glorious by antiquity. And it is with States, as with persons and families, certainly an interrupted pedigree doth give lustre. It is glorious in the whole frame, wortth your looking upon, long and your consideration in every part. The King is the head of the Commonwealth, the Fountain of Justice, the life of the Law, He is anima & deliciae legis. Behold Him in His glorious Ancestors, that have so swayed the Sceptre of the Kingdom. Behold Him in the high attributes, and the great prerogatives, which so ancient and unalterable Laws have given, and invested him with. Behold Him in the happy times, that we have so long lived, under His monarchial government. For His excellent Majesty, that now is our most Gracious Sovereign; you had need wipe the Glass, and wipe your eyes, and then you shall truly behold him a King of exemplary Piety, and Justice, and a King of rare endowments, and abilities of nature, and what he hath got by acquisition, depth of judgement, quickness of apprehension, unparaleld moderation in great Counsels, and great affairs, such as you my Lords that had the happiness to attend Him at the Council of the Peers at York, to your great joy and comfort can witness, and after ages will remember, to His eternal honour and same. For His just and pious Government, I dare boldly say that if any under Him as our Instrument, have had the distributing of justice to His people, have not done as they ought, the fault is their own, and they have done contrary to the Royal Nature, and express Command of our Gracious Sovereign, from whom I have often learned this golden Rule, and Maxim, he serves me best, that serves me with honesty and integrity. Behold Him in another part of Himself, in His dearest comfort, our Gracious Queen, the mirror of Virtue, from whom since Her happy arrival here, now above three lustres of yeetes, never any Subject record other then gracious and benign Influence; and I dare a vow as She is nearest and dearest to our Sovereign, so there is none whose affections and endeavours (His Majesty only excepted) hath, or doth, or can cooperate more to the happy success of this Parliament, and the never to be equalled joy, and comfort of a right understanding between the King, and His people. Behold Him in His best image, our excellent young Prince, and the rest of the Royal, and lively Progeny in whom we cannot but promise to ourselves, to have our happiness perpetuated. From the Throne turn your eyes upon the two supporters of it, on the one side, the Stemne of honour, the Nobility, and Clergy, on the other side, the Gentry and Commons. Where was there, or is there in any part of the world a nobility so numerous, so magnanimous, and yet with such a temper, that they neither eclipse the throne, nor overtop the people, but keep in a distance fit for the greatness of the Throne. Where was there a Commonwealth so free, and the balance so equally held, as here? And certainly, so long as the beam is so held, it cannot be otherwise, in right Anglis, if you turn the line never so little, it groweth quickly acute, or obdure; and so in States, the least deviation makes a great change. But His Majesty's great wisdom and goodness, and the assistance of the Honourable Assembly, I do not doubt will be a means to make us steer between the Teophick of moderation, that there be no declension from the pool of severity. I am by His Majesty's Command, to relate to you some proceed since the last Assembly here. You may remember the Summer preceding this last, His Majesty went with an Army into the North, engaged in honour so to do, by reason of the c●urses that were taken by divers of the Subjects in Scotland, in the prejudice of Monarchy, and rendering less glorious this Kingdom. I know not under what pretence, but all that time they came very near England, with an Army so near that it was believed, they would have then entered and invaded the Kingdom. They did profess the contrary, neither did they want remonstrations, and declarations, to infuse this opinion into the hearts of His Majesty's people, before it would by the effects. What their intentions from the beginning were, His Majesty by His goodness and wisdom, settled a Peace, and made a pacification at Barwick, upon which both Armies were disbanded, which pacification, and every Article of it, His Majesty for His part hath been so far from violating, that whensoever any question shall be made of it, shall plainly and clearly appear, it was His care to see it in all things performed. On the contrary, those Subjects of His not contented with that grace, which His Majesty then gave them in those Articles of pacification, they have strained them beyond the bounds and limits of the intention, and meaning; but they over and above attempted, and acted divers things so prejudicial to Monarchy, and contrary, and repugnant to the Law, and settled constitution, and usage of that Kingdom, that His Majesty could not in honour continue at it. This being made known unto His Majesty, and to His Privy Council, by those who best knew the State, and affairs of that Kingdom, and that were most trusted and employed by His Majesty. His Majesty by the unaminous consent of His Privy Council, resolved to raise an army to reduce them, to their modest and just condition of true obedience, and subjection, to defend this Kingdom from all damage and danger, that by their means (how specious soever they shadow their pretences) they might fall upon it. His Majesty then foresaw and foretold, that the raising of an Army at this time, was but to stand upon their own defence, as they professed, and they had an intention to enter this Kingdom, and to seize upon some place of importance, and eminency, and His Majesty in particular named Newcastle. Had His Majesty then had means and money, aswell as he had certain knowledge of their intentions, I do believe that these calamities, that have fallen upon that Town, and the Counties adjoining, had been prevented. Perhaps the misinterpretation of His Majesty's intentions, and the misunderstanding of His actions, and I am a afraid, the two benign interpretation of the attempts actions, and professions of the Subjects in Scotland, added s●me impediment to that which the most of us, I hope have lived to repent of. His Majesty howsoever w●nt in Person to the North, to see His Army ordered, and to take care for the safety, and defence of this Kingdom, as much as he possible could, He had not long been there, but that which he foresaw, and foretold, fell out; for the Scots passed with their Army, the Rivers, Tweed and Tine, and seized upon Newcastle, (which) of what importance it is you all know: And that they force contribution of the Counties of No●thumberland, and the Bishopric of Durb●m, besides many other spoils, and destructions, that were committed. His Majesty well considering of what weight, and importance this was, and then having neither time nor place to call this assembly of Parliament. He did resolve as had been frequently used, to summon a great Council of all the Peers, that by their advice and assistance, there might be some interruption given to the calamity, that was likely to spread over the whole Kingdom, And commanded Writs to issue accordingly. That was not done to prevent, but to prepare for a Parliament. It was not to clash, or entor fire with this assembly, by acting or ordering any thing which belongeth to this high and supreme jurisdiction, but only to give their assistance for the present, to render things more fit for this great assembly; That His Majesty's intention was so, it is clear, for before ever any petition was delivered, or ever any speech of petition for a Parliament, His Majesty had resolved to call one. The Lords understood, It so will plainly appear by the proceed of the Assembly, of which, if those that were Officers, and Ministers there had been come to Town, upon whose help I rested, for my particular instruction, I should have been better able to have given you an account, And His Majesty was pleased to let you know, that when there was an occasion of any particular, you may be satisfied in it. According to His Majesty's command 24. of September, all the Peers were summoned, all except some few did meet where His Majesty was. In the first place, pleased to declare unto us His resolution to call a Parliament, and to all our joys and contents, as he hath now done it to yours and ours, declared that there was nothing he did more desire then to be rightly understood of His people; And whosoever he be that shall go about (effect it, I am sure he cannot) to attempt or endeavour to alter this gracious declaration, and resolution of His Majesty, or whosoever shall go about to poison the hearts of His good Subjects, with an opinion that it can be so, or lesson the affection of His loving Subjects, for certainly never Subjects of the world better loved their King then the English, nor ever did ever Englishmen better love a King then now, if (I say) there be any suc●, may acurse and punishment fall up 〈◊〉, But ●et the Royal Throne be for ever. H●● Majesty was then pleased to tell us the cause, for which 〈◊〉 had called us together. In the first place, it was touching an answer to a petition that had b●en since his coming to York. And before His assembly sent unto him from those His Subjects of Scotland, that were at Newcastle. The first thing that His Majesty desired their advice in, was ●●e answer to that petition. The next thing His Majesty conceived, And all that were there, were of one opinion, with one voice, and consent, that it was not fit His Majesty should disband His Army, so long as the Scotch Army was on foot; And His Majesty wished them to take into their consideration what way to have maintenance, for His Army in the mean time. His Majesty having opened the cause of calling them together, was pleased to express himself that He would leave to the Lords, their freedom of Debate, and himself was ready to have been gone from the Council, but at the humble suit of the Lords he stayed, And I am persuaded that nothing was of that joy to them, as His Majesty's presence, with such freedom of discourse did every man deliver himself, with such grace and sweetness did his Majesty hear them, and such content did they take in His moderating, guiding and directing those Counsels: My Lords as holding it most necessary, took the latter of those two considerations propounded by His Majesty, to their thoughts, and that was the supplying and supporting His Majesty's Army, till this Parliament might take some course in it: His Majesty, and my Lords, did declare themselves, as before I have opened unto you, that they could never attempt, nor have the least thought to make, by any Act or Order, any thing tending to the Subject, but that it might be left wholly to the supreme Jurisdiction. And therefore not seeing any other way, they resolved by letter to address themselves to the City of London, And with their letters they sent half a dozen of my Lords. My Lord Privy Seal, my Lord of Clare, who was appointed to go, but his urgent occasions prevented him, Viscount Cambden, Lord Coventry, Lord Goring and _____ And these Lords they did express the joy and content they took in the King's grace and confidence they had of His gracious assistance, was such, that they did freely offer themselves, and as I dare say there is none but is yet ready to enter into security with His Majesty. And the City gave an answer fit for the Chamber of the King, and part of the money is already lent, and will be ready, I assure myself to supply the rest. For the other part, the first thing propounded by His Majesty, was touching the answer that was to be given to that petition, and to the demands of the Subjects in Scotland, upon which occasion His Majesty was pleased, by those great Officers and Ministers of His, that knew best and understood the laws, and usages of that Kingdom to expound their demands particularly, and to make appear unto their Lordships upon every one, wherein they had expounded the Articles of pacification, which His Majesty ever desired might be the Square, and Rule of the treaty with them. My Lords took into consideration what was fit to be done, for his Majesty then professed as he did oft, and as he hath done it during the time of that Council; to be wholly ruled, guided, and directed by their advice, f r the honour of this Nation, and safety of it, he did leave it to their wisdoms and considerations; against whose advice, and without whose judgements and advice, he would do nothing. My Lords, howsoever they had received this information, and explanation upon every particular of their demands, yet in justice they thought it was fit to hear what could be said, on the other side, how the objection might be answered, and what objection might be made by them against that which seemed to be plain enough. For this purpose they were all of opinion, and his Majesty was pleased to be of the same opinion, that some Lords selected and trusted by that great Council, should Treat with those Subjects of Scotland upon all those particulars, to the end that they might see what they did clearly intent; to the end that if a firm peace which was most desired from us might be had, or a just War to be begun. My Lords of the great Council that were appointed for that purpose, were the Earls of Bedford, Hertford, Essex, Salisbury, Warwick, Bristol, Holland, and Berkshire, The Barons were the Lords, Wharton, Paget, Rimbolton, Brooke, Pawlet, Howard of Esaich, Savile, and Dunsmore. After which choice, some general insurrections proceeding from the debate and discourses in that great Council, a Commission under the great Seal was given unto them, to enable them to treat and conclude as they in their wisdoms and Judgements should think fit. The place appointed for this treaty was at Rippon, where the Lords Commissioners wanted the happiness of that, that they, and we had at York, of his Majesty's presence. And that might be the occasion that more time was spent in it, than otherwise would have been; yet my Lords omitted not their parts, but were desirous to look into the depth, to see the utmost extent of their demands. But before those of Scotland could come to the main treaty, to explain themselves touching their demands, they made a preparatory demand of maintenance for their Army, and did go so high, as to demand Forty thousand Pounds a month. My Lords (that were very unwilling to do any Act, or make any order whatsoever, as I have opened unto you, for the sustenance, maintenance, and keeping a foot his Majesty's Army without this great Assembly, which yet they all held fit should not be disbanded) were much startled at the demand of maintenance for an Army that was not the Kings, and which they did wish could not continue. But my Lords, as under that name they could not hear it, yet they took into consideration the miserable condition of Northumberland, the Bishopric of Durbam, and Newcastle; They took into consideration too, the Counties of Cumberland, and Westmoreland, which if the Scottish Army should enter, were scarce able at this time to defend itself, and it were inconvenient to bring the King's Army thither. Nay, their Lords were satisfied that the County of York was in danger, and that not to be prevented but by a battle, if the Scots came on with an Army, and my Lords were loath, where there were such odds, so many twenties to one, that a battle should be adventured And if the County of York should be in danger, we might quickly foresee how the danger might run over the whole Kingdom. And my Lords, as well as those that remained at York, as those at Rippon, having received complaints from the Bishop of Durbam (Northumberland, and Newcastle) and the Mayor of Newcastle being imprisoned, and some of his Brethren, as was represented unto them, kept without fire or candle, and of divers wastes and spoils done in the Country. My Lords did think fit, that since the Counties of Northumberland, the Bishopric of Durbam, and Newcastle had already made a composition and agreement, that they would at last ratify and confirm the composition and agreement, so as there might be a cessation of Arms, and acts of hostility; and that they which had fled from their dwellings in those Counties might return in safety. My Lords for these reasons thought it fit for the present to give way unto them, rather than to bazard so great calamity and affliction that would have fallen on those Counties; hereupon they did conclude for 850. pound by day, and this to continue for two months, if the treaty before took not effect, the two Months to begin from the 16th of October; then they took Articles for cessation of Arms. So as now the state and condition of things as they were acted, I have shortly and summarily delivered to you. I dare not adventure upon too many particulars, lest my memory should fail; and if I have not done his Majesty's command, I beg his Majesty's pardon. And my Lords, of what weight and importance this is to the whole Kingdom, what deep consideration it requires in our affections; what unsuspected, and insuspected affections had we need bring with us, is easy to judge. It is his Majesty's pleasure that you of the House of Commons, repair to your own House to choose your Speaker, whom his Majesty expects you will present to him on Thursday next, at two of the clock in the afternoon. Mr. SPEAKER his Speech to his Majesty, in the High Court of Parliament, the fifth of November, 1640. Most gracious and dread Sovereign: IN all submissive humbleness, the Knights, Citizens, and Burgesses of the house of Commons are here assembled, who taking along with them your gracious inclination, have according to their ancient liberties designed me their Speaker. Whereas I cannot but lament to think how great a mist may overcast the hopes of this sessions, yet a note of favour to me, who cannot but judge myself unfit for so great employment, which so appears to the whole World. Many there be of deep judgement, and sad experience, that might have added lustre to this action an expedition to the work, if they had pleased to have left me in that mean condition they found me. Non mihitacuisse nocet, Nocet esse locutum. And then might your Sacred and pious intentions have had their full advancement. But is it yet too late? may I not appeal to Cesar? Yes, I may, and in the lowest posture of humility I humbly beseech your sacred Majesty to interpose your royal authority to command a review of the house, for there were never more than now fitted for such employments. My Lord Keeper approves of him by his Majesty's direction. Then he goes on, It pleaseth not your Sacred Majesty to vouchsafe a change. Actions of Kings are not to be by me reasoned. Therefore being emboldened by this gracious approbation, give me leave a little, Dread Sovereign, to express my own thoughts unto our gracious Lord the King. I see before my eyes with admiration the Majesty of great Britain, the Glory of times, The History of honour, CHARLES the first, in his forefront placed by d●scent of antiquity (Kings) settled by a long succession, and continued to us by a pious and peaceful government. On the one side the Monument of Glory, the Progeny of valiant and puissant Princes, the Queen's most Excellent Majesty. On the other side, the hopes of posterity, and joy of this Nation, those Oliva branches set round your tables, Emblems of peace to posterity. Here shine those Lights and Lamps placed in a Mount, which attend your sacred Majesty as supreme head, and borrow from you the Splendour of their government. There the true state of Nobility, figures of prowess and Magnanimity, fitted by their long contracted honour in their blood, for the Counsel of Princes. In the midst of those the Reverend judges, whither both parties (as to the Oracles of judgement and justice) may resort. Cisterns that hold fair waters, wherein each deviation, each wrinkle is discernible, and from thence (as from the Centre) each crooked line ought to be leveled; The footstool of your Throne is fixed there, which renders you glorious to all posterity. Here we the Knights, Citizens and Burgesses of the Commons house, at your royal feet, contracted from all parts of your Kingdom, Ensigns of obedience and humility, all these united by the law equally distributed, which cements this great body to the obedience of your sacred Majesty; And compels aswell the hearts as the hands to contribute for the preservation of your Majesty, and the Common interest. Dissipates the Invaders of the Church and common wealth, and discovers the Impostures, but (give me leave dread Sovereign) knits the Crown to the Sacred Temples, and frees Majesty from the Interpretation of misdoing. Amongst these this great Counsel is most sovereign against the distempers of this Nation. Were they infested at Sea, troubled at home, or invaded from abroad, here was the Sanctuary of refuge, hither was the resort, and no other way found for a foundation of peace. It is reported of Constantine the great, that he accounted his Subject's purse his Exchequer, and so it is. Subtle inventions may pick the purse, but nothing can open it but a Parliament; which lets in the eye of Sovereignty upon the public maladies of the State, and vigilancy for the preservation of our ancient Liberties; for this we need not search into Antiquity; look but a little back, there we shall see our just liberties graciously confirmed by your most sacred Majesty. And is our happiness shut up in the remembrance of times past only? No. Those gracious expressions lately fall'n from your sacred lips, as honey from the comb, make glad the hearts of your people. So that now we do more than promise to ourselves a large and free consideration of the ways to compose the distempers of these Kingdoms, and then present them to your royal hand for perfection. And such shall be our deportment, that as we shall labour the continuance of our Liberties, so shall we carry a high regard to preserve that Sovereign power wherewith your Majesty is invested for the preservation of your Kingdom, and to render your sacred Majesty terrible to the Nations, and glorious at home. Are these the fruits we have enjoyed by Parliaments? we cannot then but wonder at that horrid invention in this place projected, Monstrum horrendum, inform engines, but, the Lord be thanked, Cui lumen ademptum est. Can this receive a Palliation? Men, Fathers, and Brethren, and all at one blast; no reverence to sacred bones of Princes? were we not all in a lump by them intended to be offered up to Moloch? Let us never forget this day's solemnisation (But whither?) It is too much boldness to presume longer on your Majesty's grace and goodness; and therefore for the better expedition of this service; We humbly desire; 1. That ourselves and servants may obtain freedom from arrests of their persons and goods. 2. That we may have free liberty of speech without confinement, with a full and free debate. 3. That your Majesty will vouchsafe our repair to your sacred person upon matters of importance, according to the ancient privileges of the house. That with such alacrity we may now proceed to manifest to the world, that our retirements were to reinforce a greater unity and duty, and to endeavour a sweet violence which may compel (pardon dread Sovereign the word Compel) your Majesty to the love of Parliaments. And thus God will have the honour, your sacred Majesty splendour, the Kingdom safety, and all our votes shall pass, that your sacred Majesty may long, long, long reign over us; And let all the people say, Amen, The Lord DIGBIES Speech the 9 of Novemb. 1640. Concerning Grievances, and the Triennial Parliament. Mr. Speaker, YOu have received now a solemn account from most of the Shires of England, of the several grievances and oppressions they sustain, and nothing as yet from Dorset shire; Sir, I would not have you think that I serve for a Land of Goshen, that we live there in Sunshine, whilst darkness and plagues overspread the rest of the Land: As little would I have you think, that being under the same sharp measure that the rest, we are either insensible and benumbed, or that, that Shire wanteth a servant to represent its sufferings boldly. It is true Mr. Speaker, the County of Dorset hath not digested its complaints into that formal way of Petition, which others (I see) have done; but have entrusted them to my Partners and my delivery of them by word of mouth unto this Honourable House. And there was given unto us in the County Court, the day of our Election, a short memorial of the heads of them, which was read in the hearing of the Freeholders' there present, who all unanimously with one voice signified upon each particular, that it was their desire, that we should represent them to the Parliament, which with your leave I shall do, and these they are. 1. The great and intolerable burden of Ship-money, touching the legality whereof they are unsatisfied. 2. The many great abuses in pressing of Soldiers, and raising moneys concerning the same. 3. The multitude of Monopolies. 4. The new Canon, and the Oath to be taken by Lawyers, Divines etc. 5. The Oath required to be taken by Church-Officers to present according to Articles new and unusual. Besides this, there was likewise presented to us by a very considerable part of the Clergy of that County, a note of remembrance containing these two particulars. First, the imposition of a new Oath required to be taken by all Ministers and others: which they conceive to be illegal, and such as they cannot take with a good Conscience. Secondly, the requiring of a pretended Benevolence, but in effect a Subsidy, under the penalty of suspension, excommunication, and deprivation, all benefit of appeal excluded. This is all we had particularly in Charge: But that I may not appear a remiss servant of my Country, and and of this House; give me leave to add somewhat of my own sense. Truly Mr. Speaker, the injurious sufferings of some worthy members of this House, since the dissolution of the two last Parliaments, are so fresh in my memory, that I was resolved not to open my mouth in any business, wherein freedom and plain dealing were requisite, until such time, as the breach of our privileges were vindicated, and the safety of speech settled. But since such excellent Members of our House, thought fit the other day to lay aside that Caution, and to discharge their souls so freely in the way of zeal to his Majesty's service, and their Country's good: I shall interpret that confidence of theirs for a lucky Omen to this Parliament, and with your permission licence my thoughts too, a little. Mr. Speak r, under those heads which I proposed to you, as the grievances of Dorsetshire, I suppose are comprised the greatest part of the mischiefs which have of late years laid battery either to our Estates or Consciences. Sir, I do not conceive this the fit season to search and ventilate particulars, yet I profess I cannot forbear to add somewhat, to what was said the last day by a learned Gentleman of the long Robe, concerning the acts of that reverend new Synod, made of an old convocation. Doth not every Parliament man's heart rise to see the Prelates thus usurp to themselves the Grand Preeminence of Parliament? The granting of Subsidies, & that under so preposterous a name as of a Benevolence, for that which is a Malevolence indeed; A Malevolence I am confident in those that granted it, against Parliaments: and a Malevolence surely in those that refuse it, against those that granted it, for how can it incite less? when they see wrested from them what they are not willing to part with, under no less a penalty then the loss both of Heaven and Earth: of Heaven, by excommunication; and of the Earth By Deprivation; & this without Redemption by appeal. What good Christian can think with patience on such an ensnaring Oath, as that which is by the new Canons enjoined to be taken by all Ministers, Lawyers, Physicians, and Graduates in the Universities? where, besides the swearing such an impertinence, as that things necessary to salvation are contained in Discipline; besides the swearing those to be of Divine right, which amongst the learned, never pretended to it, as the Arch things in our Hierarchy. Besides, the swearing not to consent to the change of that, which the State may upon great reason think fit to alter: Besides the bottomless perjury of an etc. Besides all this, Mr. Speaker, men must swear that they swear freely and voluntarily what they are compelled unto: and lastly, that they swear that Oath in the literal sense, whereof no two of the makers themselves, that I have heard of, could never agree in the understanding. In a word, Mr. Speaker, to tell you my opinion of this Oath, it is a Covenant against the King, for Bishops and the Hierarchy; as the Scottish Covenants is against them, only so much worse than the Scottish, as they admit not of the Supremacy in Ecclesiastical affairs, and we are sworn unto it. Now Mr. Speaker, for those particular heads of grievances whereby our Estates and Properties are so radically invaded; I suppose (as I said before) that it is no season now to enter into a strict Discussion of them; only thus much I shall say of them, with application to the Country for which I serve, that none can more justly complain, since none can more justly challenge exemption from such burdens than Dorset shire; whether you consider its a Country subsisting much by Trade; or as none of the most populous; or as exposed as much as any to Foreign Invasion. But alas Mr. Speaker, particular lamentations are hardly distinguishable in Universal groans. Mr. Speaker, it hath been a Metaphor frequent in Parlamant, and if my memory fail me not, was made use of in the Lord Keeper's Speech at the opening of the last, that what money Kings raised from their Subjects, they were But as Vapours drawn up from the Earth by the Sun, to be distilled upon it again in fructifying showers. The Comparison Mr. Speaker, hath held of late years in this Kingdom too unluckily: what hath been raised from the Subject by those violent attractions, hath been form, it is true, into Clouds, but how? to darken the Suns own lustre, and hath fallen again upon the Land only in Hailstones and Mildews, to batter and prost rate still more and more our liberties, to blast and whither our affections; had the latter of these been still kept alive by our Kings own personal virtues, which will ever preserve him in spite of all ill Counselors, a sacred object, both of our admiration and loves. Mr. Speaker, It hath been often said in this House, and I think can never be too often repeated, That the Kings of England can do no wrong; but though they could Mr. Speaker, yet Princes have no part in the ill of those actions which their Judges assure them to be just, their Counselors that they are prudent, and their Divines that they are conscientious. This Consideration, M. Speaker, leadeth me to that which is more necessary fare, at this season, than any farther laying open of our miseries, that is, the way to the remedy, by seeking to remove from our Sovereign, such unjust Judges, such pernicious Counselors, and such disconscient Divines, as have of late years, by their wicked practices, provoked aspersions upon the government of the graciousest and best of Kings. Mr. Speaker, let me not be misunderstood, I level at no man with a forelaid design, let the faults, and and those well proved, lead us to the men: It is the only true Parliamentary method, and the only fit one to incline our Sovereign. For it can no more consist with a gracious and righteous Prince to expose his servants upon irregular prejudices; then with a wise Prince to with hold Malefactors, how great soever, from the course of orderly justice. Let me acquaint you M. Speaker, with an Aphorism in Hypocrates, no less Authentic, (I think) in the body Politic, then in the Natural Thus it is Mr. Speaker, Bodies to be throughly and effectually purged, must have their Humours first made fluid and m●oveable. The Humours that I understand to have caused all the desperate maladies of this Nation, are the ill Minister. To purge them away clearly, they must be first loosened, unsettled, and extenuated, which can no way be effected with a gracious Master, but by truly representing them unworthy of his protection. And this leadeth me to my Motion, which is; that a select Committee may be appointed to draw out of all that hath been here represented, such a Remonstrance as may be a faithful and lively representation unto his Majesty of the deplorable estate of this his Kingdom, and such as may happily point out unto his clear and excellent judgement, the pernicious Authors of it. And that this Remonstrance being drawn, we may with all speed repair to the Lords, and desire them to join with with us in it: And this is my humble motion. THE LORD DIGBIES SPEECH IN THE HOUSE OF Commons, to the Bill for triennial Parliaments. Janu. 19 1640. Mr. Speaker, I Rise not now with an intent to speak to the frame and structure of this Bill, nor much by way of answer to objections that may be made; I hope there will be no occasion of that, but that we shall concur all unanimously in what concerneth all so Universally. Only Sir, by way of preparation, to the end that we may not be discouraged in this great work by difficulties that may appear in the way of it, I shall deliver unto you my apprehensions in general of the vast importance and necessity that we should go thorough with it. The Result of my sense is in short this: That unless for the frequent convening of Parliaments there be some such course settled, as may not be eluded; neither the people can be prosperous and secure, not the King himself solidly happy. I take this to be the Vnum necessarium: Let us procure this, and all our other desires will effect themselves: if this bill miscarry, I shall have left me no public hopes, and once past, I shall be freed of all public fears. The essentialnesse Sir of frequent Parliaments to the happiness of this Kingdom, might be inferred unto you by the reason of contraries, from the woeful experience which former times have had of the mischievous effects of any long intermission of them. But Mr. Speaker, why should we climb higher than the level we are on, or think further than our own Horizon, or have recourse for examples in this business, to any other promptuary than our own memories; nay then the experience almost of the youngest here? The reflection backward on the distractions of former times upon intermission of Parliament, and the consideration forward of the mischiefs likely still to grow from the same cause if not remooved, doubtlessly gave first life and being to those two dormant Statutes of Edward the third, for the yearly holding of Parliament: And shall not the fresh and bleeding experience in the present age of miseries from the same spring, not to be paralleled in any other, obtain a wakening, a resurrection for them? The Intestine distempers Sir, of former ages upon the want of Parliaments, may appear to have had some other cooperative causes, as sometimes, unsuccessful Wars abroad; sometimes, the absence of the Prince; sometimes, Competitions of Titles to the Crown; sometimes, perhaps the vices of the King himself. But let us but rightly weigh and consider the posture, the aspect of this state, both toward itself, and the rest of the world, the person of our Sovereign, and the nature of our suffering since the third of his Reign. And there can be no cause coulorable inventible, whereunto to attribute them but the intermission, or which is worse, the undue frustration of Parliament, by the unluckily use if not abuse of Prerogative in the dissolving them. Take in your view Gentlemen, a State in a state of the greatest quiet and security that can be fancied, not only in joining the calmest peace itself, but to improve and secure its happy condition, all the rest of the world at the same time in Tempest, in Combustions, in uncomposable Wars. Take into your view Sir, a King Sovereign to three Kingdoms, by a Concentring of all the Royal lines in his Person, as undisputably as any Mathematical ones in Euclid. A King firm and knowing in his Religion, eminent in virtue; A King that had in his own time given all the Rights and Liberties of his Subjects a more clear and ample confirmation freely and graciously, than any of his Predecessors (when the people had them at advantage) extortedly, I mean in the Petition of Right. This is one Map of England, Mr. Speaker, A man Sir, that should present unto you now, a Kingdom, groaning under that supreme Law, which Salus populi periclitata would enact. The liberty, the property of the Subject fundamentally subverted, ravished away by the violence of a pretended necessity; a triple Crown shaking with distempers; men of the best conscience ready to fly into the wilderness for Religion. Would not one swear that this were the Antipodes to the other; & yet let me tell you Mr. Speaker, this is a Map of England too, and both at the same time true. As it cannot be denied, Mr. Speaker, that since the Conquest there hath not been in this Kingdom a fuller concurrence of all circumstances in the former Character, to have made a Kingdom happy, then for these 12. years last passed; so it is most certain, that there hath not been in all that deduction of ages, such a Conspiracy, if one may so say of all the Elements of mischief thein second Character, to bring a flourishing Kingdom, if it were possible, to swift ruin and desolation. I will be bold to say, Mr. Speaker, and I thank God, we have so good a King, under whom we may speak boldly of the abuse by ill Ministers, without reflection upon his person. That an Accumulation of all the public Grievances since Magna Carta, one upon another, unto that hour in which the Petition of Right passed into an act of Parliament, would not amount to so oppressive; I am sure not to so destructive a height and magnitude to the rights and property of the Subject, as one branch of our beslaving since the Petition of Right. The branch I mean, is the judgement concerning ship-money. This being a true representation of England in both aspects. Let him, Mr. Speaker, that for the unmatched oppression and enthralling of free Subjects in a time of the best Kings reign, and in memory of the best laws enacted in favour of Subject's liberty, can find a truer Cause than the ruptures and intermission of Parliaments. Let him and him alone be against the settling of this inevitable way for the frequent holding of them. 'Tis true Sir, wicked Ministers have been the proximate causes of our miseries, but the want of Parliaments the primary, the efficient Cause. Ill Ministers have made ill times, but that Sir, hath made ill Ministers. I have read among the Laws of the Athenians, a form of recourse in their Oaths and vows of greatest & most public concernment of a threefold Deity, Supplicium Exauditori, Purgatori, Malorum depulsori. I doubt not but we here assembled for the Commonwealth in this Parliament, shall meet with all these Attributes in our Sovereign. I make no question but he will graciously hear our Supplications, purge away our Grievances, and expel Malefactors, that is, remove ill Ministers, and put good in their places. No less can be expected from his wisdom and goodness. But let me tell you Mr. Speaker, if we partake not of one Attribute more in him; if we address not ourselves unto that, I mean Bonorum Conservatori; we can have no solid, no durable Comfort in all the rest. Let his Majesty hear our Complaint never so Compassionately. Let him purge away our Grievances never so efficaciously. Let him punish and dispel ill Ministers never so exemplarily. Let him make choice of good ones never so exactly. If there be not a way settled to preserve and keep them good; the mischiefs and they will all grow again like Sampsons' Locks, and pull down the House upon our heads. Believe it M. Speaker, they will. It hath been a Maxim amongst the wisest Legislators, that whosoever means to settle good Laws, must proceed in them, with a sinister opinion of all Mankind; and suppose that whosoever is not wicked, it is for want only of the opportunity. It is that opportunity of being ill Mr. Speaker, that we must take away, if ever we mean to be happy, which can never be done, but by the frequency of Parliaments. No state can wisely be confident of any public Ministers continuing good, longer than the rod is over him. Let me appeal to all those that were present in this House at the agitation of the Petition of Right. And let them tell themselves truly, of whose promotion to the management of affairs do they think the generality would at that time have had better hopes then of Mr. Noy, and Sir Thomas Wentworth, both having been at that time, and in that business as I have heard, most keen and active Patriots, and the latter of them to the eternal aggravation of his Infamous treachery to the Commonwealth be it spoken, the first mover, and insister to have this clause added to the Petition of Right, that for the comfort and safety of his Subjects, his Majesty would be pleased to declare his will and pleasure, that all his Ministers should serve him according to the Laws and Statutes of the Realm. And yet Mr. Speaker, to whom now can all the inundations upon our liberties under pretence of Law, and the late shipwreck at once of all our property, be attributed more than to Noy, and those and all other mischiefs whereby this Monarchy hath been brought almost to the brink of destruction, so much to any as to that Grand Apostate to the Commonwealth, the now Lieutenant of Ireland? The first I hope God hath forgiven in the other world; and the latter must not hope to be pardoned in this, till he be dispatched to the other. Let every man but consider those men as once they were. The excellent Law for the security of the Subject enacted immediately before their coming to employment, in the contriving whereof themselves were principal Actors. The goodness and virtue of the King they served, and yet the high and public oppressions that in his time they have wrought! And surely there is no man but will conclude with me, that as the deficience of Parliaments hath been the Causa Causarum of all the mischiefs and distempers of the present times; so the frequency of them is the sole Catholic Antidote that can preserve and secure the future from the like danger. Mr. Speaker, let me yet draw my Discourse a little nearer to his Majesty himself, and tell you, that the frequency of Parliament is most essentially necessary to the power, the security, the glory of the King. There are two ways, Mr. Speaker, of powerful Rule, either by Fear, or Love, but one of happy and safe Rule, that is, by Love, that Firmissinum Imperium quo obedientes ga●dent. To which Camillus advised the Romans. Let a Prince consider what it is that moves a people principally to affection, and dearness, towards their Sovereign. He shall see that there needs no other Artifice in it, then to let them enjoy unmolested, what belongs unto them of right: If that have been invaded and violated in any kind, whereby affections are alienated: the next consideration for a wise Prince that would be happy, is how to regain them: To which three things are equally necessary. 1. Reinstating them in their former Liberty. 2. Revenging them of the Authors of those violations. 3. And securing them from Apprehensions of the like again. The first, (God be thanked,) we are in a good way of. The second in warm pursuit of. But the third, as essential as all the rest, till we be certain of a Triennial Parliament, at the least, I profess I can have but cold hopes of. I beseech you then Gentlemen, since that security for the future is so necessary to that blessed union of affections, and this Bill so necessary to that security: Let us not be so wanting to ourselves; let us not be so wanting to our Sovereign, as to forbear to offer unto him, this powerful, this everlasting Philter, to Charm unto him the hearts of his people, whose virtue can never evaporate. There is no man, M. Speaker, so secure of another's friendship, but will think frequent intercourse and access very requisite to the support, to the confirmation of it: Especially, if ill offices have been done between them; if the raising of jealousies hath been attempted. There is no Friend but would be impatient to be debarred from giving his friend succour and relief in his necessities. Mr. Speaker, permit me the comparison of great things with little: what friendship, what union can there be so comfortable, so happy, as between a gracious Sovereign and his people? and what greater misfortune can there be to both, then for them to be kept from intercourse, from the means of clearing misunderstandings, from interchange of mutual benefits? The people of England, Sir, cannot open their Ears, their Hearts, their Mouths, nor their Purses, to his Majesty, but in Parliament. We can neither hear Him, nor Complain, nor acknowledge, nor give, but there. This Bill, Sir, is the sole Key that can open the way to a frequency of those reciprocal endearments, which must make and perpetuate the happiness of the King and Kingdom. Let no man object any derogation from the King's Prerogative by it. We do but present the Bill, 'tis to be made a Law by him, his Honour, his Power, will be as conspicuous, in commanding at once that Parliament shall assemble every third year, as in commanding a Parliament to be called this or that year: there is more of his Majesty in ordaining primary and Universal Causes, then in the actuating particularly of subordinate effects. I doubt not, but that glorious King Edward the Third, when he made those Laws for the yearly Calling of Parliament, did it with a right sense of his dignity and honour. The truth is, Sir, the Kings of England are never in their Glory, in their Splendour, in their Majestic Sovereignty, but in Parliaments. Where is the power of imposing Taxes? Where is the power of restoring from incapacities? Where is the legislative Authority? Marry in the King, Mr. Speaker. But how? In the King circled in, fortified and evirtuated by his Parliament. The King out of Parliament hath a limited, a circumscribed jurisdiction. But waited on by his Parliament, no Monarch of the East is so absolute in dispelling Grievances. Mr. Speaker, in chase ill Ministers, we do but dissipate Clouds that may gather again, but in voting this Bill, we shall contribute, as much as in us lies, to the perpetuating our Sun, our Sovereign, in his vertical, in his Noon day lustre. A Speech of the Honourable NATHANAEL FIENNES, In the House of Commons the 9 of Febr. 1640. Mr. Speaker, TWO things have fallen into debate this day. The first, concerning the Londoners Petition, whether it should be committed or no. The other, concerning the government of the Church, by Archbishops, Bishops, etc. whether it should be countenanced or no. For the first, I do not understand by any thing that I have yet heard, why the Londoners Petition should not be committed, or countenanced. The exceptions that are taken against it, are from the irregularities of the delivery of it, and from the Subject matter contained in it. For the first, it is alleged that the long tail of this blazing star, is ominous, and that such a number of Petitioners, and such a number that brought the Petition to the House, was irregular. Hereunto I answer, that the fault was either in the multitude of the Petitioners, or in their carriages, and demeanours: if a multitude find themselves aggrieved, why it should be a fault in them to express their grievances more than in one, or a few, I cannot see; nay, to me it seems rather a reason that their Petitions should be committed, and taken into serious consideration, for thereby they may receive satisfaction, though all be not granted that they desire. But if we shall throw their Petition behind the door, and refuse to consider it, that it may seem an act of will in us. And whether an act of will in us, may not produce an act of will in the people, I leave it to your consideration. Sure I am, acts of will are more dangerous there than here, because usually they are more tumultuous. All Laws are made, principally for the quiet and peace of a Kingdom; and a Law may be of such indifferent nature many times, that it is a good reason to alter it, only, because a great number desires it, if there were nothing else in it, and therefore I do not see that the number of Petitioners is any good reason, why it should not be committed, but rather the contrary. Now for their carriage, there came indeed, three or four hundred of the 15000, some of the better sort of them, and there might be good reason for it. I have heard that there was brought a Petition to some privy Counselors, with a thousand hands to it, and being brought only with six men, they were answered, that they six might write those thousand hands; if there were a thousand that joined in the Petition, why did they not come too? And we heard it objected but the other day, in this house against the Ministers Petition, that there were indeed seven or eight hundred names to it, but two hands only. Therefore it was not without cause, that a considerable number should come with a Petition signed by so many; but for any disorder in their carriage, I saw none; for upon an intimation in one word from this house, they forthwith retired to their dwellings. As for the subject matter of the Petition, three exceptions are taken against it. First, that divers things are contemptible in it, as that about Ovid de Amore, set forth in English, and other such things. Secondly, that in many things their discourse was altogether irrational, for that they argue from personal faults of Bishops against the office itself of Bishops, and in other things argue from effects that proceed from it by accident, as if they did fly out of it. And in the last place, that their prayer and conclusion is bold and presumptuous, desiring so boldly an abolition of standing Laws. To the first I answer, that some things may seem contemptible in themselves, which are not so in their causes, nor in their effects, as the suffering of such lascivious pamphlets to be printed and published, when other profitable writings are suppressed, doth discover a principle, that looseness and profaneness (which will help to bring in superstition) is more suitable to their hierarchy than the contrary, which makes them connive at such things as are apt to produce looseness and lewdness, and this is no contemptible effect, nor doth it proceed from a contemptible cause. In the next place, for that which seems irrational in the way of their discovery, divers things may seem to be personal faults, which indeed are derived unto the persons from the office, or from the circumstances thereof, I mean their revenues, and dignities on the one side, and the ceremonies on the other side. For most of the things complained of, as silencing, and thrusting out of godly and painful Preachers, bringing in Innovations in Doctrine, and worship, and the like; although they may seem personal and accidental faults, yet if we follow them to their last resort, we shall find that their worldly wealth and dignities stir them up to do this, that their sole and arbitrary power over the Clergy, and in matter Ecclesiastical, enable them to effect it, and the ceremonies both new and old serve as instruments, and means, whereby they effect it. In the last place, that their Prayer in the conclusion of their Petition, is bold or presumptuous, I do not see there is any reason so to esteem of it: for if they had taken upon them to have altered any thing upon their own authority, or had imperiously required the Parliament to do it, than it might deserve such a stile: but when they come as humble suppliants, by way of Petition, desiring the altering of Laws, that have been found burdensome unto them, and that of the Parliament, where, and wherein only old laws may be repealed, and new Laws may be made, they come in the right manner, to their right and proper place, and therefore have done nothing boldly, or presumptuously, but orderly, and regularly, and therefore ought not to receive any check or discouragement in the way that they have taken. Now Sir, concerning the government of the Church, by Arch-Bishops, Bishops, etc. which also hath been spoken unto; whereas it is desired, that the evils, and inconveniences should be showed which arise not from the persons, but from the office itself of Bishops, I shall apply my discourse particularly to that point. But first, I shall crave leave to say a word or two, in answer to what hath been alleged for the credit of the Government by Bishops. First, that it is as ancient as Christian Religion, and that it hath continued ever since the time of Christ and his Apostles; as for this, I do not pretend to have so much knowledge in antiquity, as to confute this out of the Fathers and Ecclesiastical Histories; (although there are that undertake that) only one sentence I have often heard cited out of Saint Jerome, that in the Primitive times, Omnia communi Clericorum Concilio regebantur: and truly so fare as the Acts of the Apostles, and the New Testament goeth, which was the ancientest, and most primitive time of Christianity, I could never find there any distinction between a Bishop and a Presbyter, but that they were one and the very same thing. In the next place, that which is alleged for the credit of Episcopacy, is, that our Reformers and Martyrs were many of them Bishops, and practised many of those things now complained of; and that in other Reformed Churches wh●re Bishops are not, they are desired. For the Martyrs and Reformers of the Church that were Bishops, I do not understand that that was any part of their Reformation, nor of their martyrdom; I have read, that whereas Ridley and Hooper had some difference between them in their life time about these things, when they came both to their martyrdom, he that had formerly been the Patron of this Hierarchy, and Ceremonies, told his brother, that therein his foolishness had contended with his wisdom. As for that which is said, that other Reformed Churches where they have not Bishops, yet they are desired, I will not deny but some among them may desire Bishoprics, I mean the Dignities and Revenues of Bishops, but that they desire Bishops as thinking it the fittest and best Government of the Church, I cannot believe, for if they would have Bishops, why do they not make themselves Bishops? I know not what hindereth, why they might not have Bishops when they would. In the last place, for that which is alleged in relation to the government of this Kingdom, that Bishops are so necessary, as that the King cannot well let them go with the safety of Monarchy, and that if Bishops be taken away, Assemblies, or something must come in the room thereof. And if Kings should be subject thereunto, and should happen to be excommunicated thereby, that after they would be little esteemed, or obeyed as Kings: for this, if it shall be cleared, as it is affirmed, or if any thing therein do strike at Monarchy, I shall never give my vote, nor consent thereunto as long as I live. But to clear that this is not so, I offer to your consideration, that by the Law of this Land not only all Ecclesiastical Jurisdiction, but also all superiority, and pre-eminence over the Ecclesiastical state, is annexed to the Imperial Crown of this Realm, and may be granted by Commission under the great seal, to such persons as his Majesty shall think meet: now, if the King should grant it to a certain number of Commissioners, equal in authority, as he may do, 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 Civil Government under his Majesty: for the King being a common head over the Ecclesiastical state and the Civil, we shall find that in the exercise of Civil Jurisdiction, in all Courts under his Majesty, it is Aristocratical, and placed in many, and not in one, as appeareth in this high Court of Parliament, in the inferior Courts of Westminster Hall, and in the Sizes, and Sessions in the Country, which are held by many Commissioners, and not only by one, or his Deputies, and Commissaries, as it is in the exercise of Ecclesiastical government. As to the point of Excommunication, supposing that it did dissolve natural and civil 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 be not, than they need as little to fear a Presbytery or an assembly, as a Bishop in that respect; if they be, they have as much to fear 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 stamp, but never from this latter sort. And now Sir, I proceed to represent unto you the evils, and inconveniences that do proceed from the government and Ceremonies of the Church, and truly in my opinion, the chief and principal cause of all the evils 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 believe, it will appear in the particulars. I know well there is a great division, and that upon great matters, between us and the Papists, and I am not ignorant that there have been great and sore breaches made upon our Civil Liberties, and the right of our proprieties. But yet still I return to my former position, that the chief 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 been a cause that hath fallen into this, and acted by it; for at the Reformation it received such a deadly wound by so many sharp Laws enacted against it, that had it not been enlivened by this division amongst us, it could never have had influence upon our Church and State to have troubled them, as this day we feel; but finding that in this division amongst us, one party had need of some of their principals to maintain their Hierarchy, together with their worldly pomp and Ceremonies, which are appurtenances thereunto; from hence they first conceived a ground of hope, and afterwards found means of success, towards the introducing again of their superstition and Idolatry into this Realm; and they wrought so diligently upon this foundation, that they have advanced their building very fare, and how near they were to set up the Roof, I leave it to your consideration. As for the evils which we have suffered in our civil liberty, and the right of our proprieties, I conceive they have proceeded out of this, and so acted from it; for if there had been no breaches of Parliaments, there would have been no need to have had recourse unto those broken Cisterns, that can hold no water; but there being a stoppage of Parliamentary supplies, that was an occasion of letting in upon us such an inundation of Monopolies, and other illegal taxes, and impositions, accompanied with many other heavy and sore breaches of our Liberties. Now there needed not to have been any breaches of Parliaments, had there not been something disliked in them, and what was that? it could not be any of these civil 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 always look upon Parliaments with an evil eye, as no friends to their offices and functions, at leastwise to their Benefices and Dignities, and therefore (some of them having always had the grace to be too near to the Princes eats) they have always endeavoured to breed a disaffection in Kings from Parliaments, as the Press and Pulpit do abundantly witness, and Ballads too, made by some of them upon the breaches of Parliaments. But we have a fresh and bleeding instance of this in the confirmation in his Majesty's name, which they procured to be prefixed before their new Book of Canons, wherein they have endeavoured to make this impression upon his Majesty's Royal mind, that the Authors and Fomenters of the jealousy in respect of the new Rites and Ceremonies lately introduced into the Church, which we call innovations, did strike at his Royal person, as if he 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 several Counties the last Parliament, and from more this present Parliament? and who were the fomenters of those jealousies? did not the general sense of the last Parliament concur in it, that they were Innovations, and that they were suspicions, as introductory to superstition? Nay, I appeal to all those that hear me, which are drawn from all parts of the Kingdom, whether this be not the general sense 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 Parliament, between the King and Kingdom, I speak of the greatest and most considerable par●s, as giving denomination to the whole. And now Sir, as we have cast our eye backwards, if we will look forwards, how do the clouds thicken upon us, and what distractions, yea what dangers do they threaten us withal, proceeding still from the same root of Church Government and Ceremonies? and truly as things now stand, I see but two ways, the one of Destruction, the other of Satisfaction; Destruction I mean of the opposite party to the Bishops, and the Ceremonies, and reducing of all to Canonical obedience, by fair means or by foul: this way hath been already tried, and what effect it hath brought forth in our neighbour kingdom, we well know, and it is like to produce no very good effect in this Kingdom, if men's scruples and reasons in that behalf shall be only answered with Prisons, and Pillories, and hard Censures, that I may speak most softly of them. I hold therefore, that the other way of satisfaction is the safest, the easiest, and the only way. And that is to take into consideration, the several heads of the evils, which are causes of these complaints, and to find out, and apply the proper remedies thereunto. For the furtherance whereof, I shall make bold with your patience (which I am very unwilling to tyre, but must tyre my own Conscience if I should not discharge it upon this occasion) to represent a brief Model of the several heads and springs from whence the evils, which are causes of these complaints, do naturally or occasionally arise. The evils complained of, do either arise from persons, or from things; those faults that are personal are besides the point that I intent to speak to, there is one only remedy for them, that is, by punishment and removal of such persons, and the putting of better in their room. As for those evils which proceed from things, they also are remedied by a removal of such things as are evil, and the putting of better in their room; the evils and inconveniences of this kind do principally flow, either from the Clergies Offices and functions, or from their Benefices and Dignities; those that arise from their Offices and functions, do arise naturally either from the Laws and Constitutions whereby, and according to which they exercise their Offices and functions, or from the Government itself, wherein they exercise those functions. The faults that I note in the Ecclesiastical Laws are, that they hold too much of the Civil Law, and too much of the Ceremonial Law: Of the Civil Law, in respect of all those Titles concerning Wills, and Legacies, tithes, marriages, adulteries, which all belonging to the Civil jurisdiction, and are no more of spiritual consideration, than rapes, thefts, felonies, or treasons may be. Sir, it is good that every bird should have his own feather, and I remember when one came to our Saviour Christ, to desire him that he would cause his Brother to divide the inheritance with him, he asked him; who made him a judge of such things: and may not we ask, who made them that take themselves to be successors of Christ and his Apostles, Judges of such things? Many inconveniences arise from hence; First that the minds of Clergy men are enured unto Civil Dominion, and to meddle with civil matters. Secondly, the manner of their proceed, is turned from a Spiritual way into the fashion of Processes in Temporal Courts. And lastly, which is worst of all, by this means the Spiritual Sword comes to be unsheathed about such things as do not at all fall under the stroke thereof. Many are excommunicated for Pigs, Apples, and Nuts, and such like things. But the other fault which I noted in the Ecclesiastical Laws and Constitutions, pincheth us more, which is, that they hold too much of the Ceremonial Law. And here Mr. Speaker, give me leave to lament the condition of this our Church of England, beyond that of all other reformed Churches. A certain number of Ceremonies in the judgement of some men unlawful, and to be rejected of all Churches, in the judgement of all other reformed Churches to be rejected by them, and in the judgement of our own Churches, but indifferent Ceremonies: and yet what difference? yea, what distractions have these indifferent Ceremonies raised among us? What hath deprived us of so many faithful, able, and godly Ministers since the Reformation, as able and as fit in all other respects to discharge that function, as any age ever produced in the Christian Word since the time of the Apostles, I say what hath deprived us of them, but these indifferent Ceremonies? What hath deprived us of so many thousand Christians which desired (and in all other respects deserved) to hold communion with us; I say, what hath deprived us of them, and scattered them into I know not what places and corners of the World, but these indifferent Ceremonies? What hath caused so many hard censures, and harder executions, but these indifferent Ceremonies? What hath occasioned those calamities and dangers, which we feel, and which we fear, but those indifferent Ceremonies? I shall say no more of them, but I pray God that now at length it may please his Majesty with th● his great Council of Parliament, to take a view of them, and if there be a necessity to retain them, let them be retained; but if not, then let us remove them, before they ruin us. As to the evils and inconveniences that arise out of the government itself, I should have noted something amiss, as well in the legislative part, as in the executive part, but in the former I am prevented, by what hath been already voted concerning the Power of making Canons: which votes if they be brought to perfection, they will set us right in great part, in that respect; for surely, before the power was neither in the hands of such as were representative of that which is truly the Church of England, nor yet in the hands of those that were truly representative of the Clergy of England, if they were the whole Church, as indeed they are not. As to the executive part, which consisteth in the exercise of Ecclesiastical Jurisdiction, therein I note also two disorders, Confusion, and Corruption; Confusion of the Spiritual Sword with the Temporal; Laymen strike with the Spiritual sword, and Spiritual men with the Temporal sword: nay, out of the same mouth, and at the same time proceedeth an Excommunication, and a fine, or commitment, or both: I will not say positively, that it is unlawful for Clergymen to exercise civil jurisdiction, because I know it is a question, but yet such a question as hath been determined by divers Canons of general Counsels, and by some that were made in Synods of the Church of England, that it is unlawful, and that upon grounds which are not contemptible. As first, that it is contrary to the precept and practice of Christ and his Apostles. And secondly, That it is not possible for one man to discharge two Functions, whereof either is sufficient to employ the whole man, especially that of the Ministry so great, that they ought not to entangle themselves with the affairs of this world. A third ground not so well observed generally, as in one part thereof, is this, That Ministers of the Gospel, being sent especially to gain the Souls of men, they are to gain as great interest as possible may be, in their minds and affections: Now we know that the nature of all men is such, that they are apt to think hardly of those that are any Authors of their pain and punishment, although it be in a way of justice, and therefore as it is well known, that Clergy men are not to be present in judicio sanguinis; so the same reason extends itself to the administration of all Civil jurisdiction, and therefore we may observe that our Saviour Christ, as he always rejected all Civil judicature, so on the other side, he went up and down healing men's bodies, and otherwise doing good to their outward estate, that his Doctrine might have a freer and fairer passage into their Souls. For the corruption that I spoke of in the exercise of Ecclesiastical jurisdiction, I do not mean any personal corruption, but a deviation or aberration from the prescript of the Divine Rule: And though it be not easy to find what that is in all particulars, yet it is not hard to say, what it is not, and that I doubt may prove our case indivors things. Ecclesiastical Jurisdiction we know extends either to the Clergy only, and consisteth in the Ordination, Admission, Suspension, and deprivation of them, or else it extendeth to the whole Church, and consisteth in Excommunication and Absolution. As to the Ordination, Admission, Suspension, and Deprivation of Ministers; we see how it is wholly at the pleasure of one man, and that of one man proceeding in a manner Arbitrarily, and that of one man whose interest is concerned in it, that the door shall be shut against able and painful preaching Ministers, and a wide door set open to such as are unable, and unfit for that function: many and great and dangerous evils arise from hence. As first, that there is a constant bate and feud between the Ecclesiastical State and the Civil, between Prelates and Parliaments, between the Canon Law and the Common Law, between the Clergy and the Commonwealth, arising from the Disproportion and Dissimilitude which is between the Civil and Ecclesiastical Government, however it may seem to some to agree well enough, but the truth is, if we consider his Majesty as the Common-head over the Ecclesiastical State, as well as the Civil, we shall find that in the exercise of all Civil jurisdiction, in all Courts under his Majesty, the power is not in any one, or his Deputies and Commissaries, as it is in the Ecclesiastical Government, in the several Dioceses throughout this Kingdom: If we look first upon the Highest and greatest Court, the High Court of Parliament, we know that is a Council, and a great Council too. In like manner, in the inferior Courts of Westminster-Hal, there are many Judges in the point of Law, and more in matter of Fact, wherein every man is judged by twelve of equal condition unto him, (I mean the Juries,) which are judges of the Fact, both in causes Civil and Criminal. And if we look into the Country, we shall find the Sessions and Assizes, and other Courts, held not by any one, but by divers Commissioners. And in short, in the Civil Government, every man from the greatest to the least, hath some share in the Government according to the Proportion of his Interest in the Commonwealth: But in the Government of the Church, all is in the hands of one Man, in the several Dioceses, or of his Chancellors, or Commissaries, and he exacts Canonical Obedience, to his Pontifical Commands, with a total Exclusion of those that notwithstanding have as much share in the Church, and consequently as much Interest in the Government of it, as they have in that of the Commonwealth. (Sir) until the Ecclesiastical government be framed something of another twist, and be more assimilated unto that of the Commonwealth, I fear the Ecclesiastical government will be no good neighbour unto the Civil, but will be still a casting in of its leaven into it, to reduce that also to a sole, absolute, and arbitrary way of proceeding: And herein (Sir) I do not believe, that I utter Prophecies, but what we have already found and felt. A second, and that a great evil, and of dangerous consequence, in this sole and arbitrary power of Bishops over their Clergy, is this, that they have by that means, a power to place, and displace the whole Clergy of their Diocese at their pleasure: and this is such a power, as for my part, I had rather they had the like power over the Estate and persons of all within their Diocese; for if I hold the one, but at the will and pleasure of one man, (I mean the Ministry under which I must live) I can have but little, or at least not certain joy nor comfort in the other. But this is not all, for if they have such a power to mould the Clergy of their Dioceses, according to their pleasure, we know what an Influence they may have by them upon the people, & that in a short time they may bring them to such blindness, and so mould them also to their own wills, as that they may bring in what Religion they please: nay, having put out our eyes, as the Philistines did sampson's, they may afterwards make us grind, and reduce us unto what slavery they please, either unto themselves, as formerly they have done, or unto others, as some of them lately have been forward enough to do. Now whether it be safe to walk upon Stilts on the top of the pinnacles of the Temple, upon so high precipices, as are the matters of Religion and Conscience (which may have also a dangerous Influence upon our civil liberties) I leave it to your consideration: for my part I should not think it safe, that such a power should be in any one man, though you suppose him to be a very good man. A third evil, and that of dangerous consequence, is that the door is shut against able and painful Preaching Ministers, and a wide door set open to those that are unable, and unfit for that function, and the Bishop's interest is concerned in it, that it should be so, Interest of honour, Interest of profit, and Interest of power, Interest of credit; for they see that those painful Preachers carry away all the credit from them, and they neither can nor will do the like themselves: they cannot by reason they are so entangled with the affairs of this world, and civil jurisdiction; they will not, their great Dignities and Honours make them so stately, that they think it is not Episcopal to preach often; and on the other side, they are so fat, and live so much at their ease, that through idleness they cannot bring their minds unto it, and so first ariseth envy against those that do take pains, and thence after springeth persecution. In the next place, their Interest is concerned in matter of profit: for they suppose, that if the credit of their Diana fall to the ground, their gain will after cease, and that the people will think much, that some men should take all the pains, and other go away with all the profit. Lastly, their Interest is concerned in it, in point of power, for they find that neither such preaching Ministers, nor their Auditors, are so pliable to yield blind Canonical obedience, as others are: and so it concerns them in point of power to stop their mouths. And now it must needs follow by the rule of Contraries, that it must be for their profit, honour, and power, to set open a docre to idle and unfit Ministers. But there are two particulars which I will note, wherein it concerns them in their profits, to set the door very wide open, where there is no suspicion of refractoriness: First, we know Bishops have many times Live in Commendum and Pluralities: but there is hardly any, but they have impropriations, whereof they are to see the Cure discharged, and therefore it is for their profit, that there may be good store of cheap Curates, which cannot be very fit and able men; and with such ordinarily they furnish the Cures of such places whereof they have the Impropriations. (Sir) In the next place we know, that orders are not given, but in a manner sold, for not only the Bishop, and his Register, but also his Usher, his Chamberlain, his Butler, and Porter, and almost all his menial servants must have their fees, before the poor Clerk with his Box full of Orders can pass the Porter's Lodge. I hear much of the legal Simony, which consisteth in the buying and selling of Benefices, but whether this doth not approach nearer to the Evangelicall Simony, which consisteth in the buying and selling of the gifts of the holy Ghost; I offer it to your consideration. Now (Sir) for Excommunication and Absolution, all seems to be out of point, for Excommunication is neither in right hands, nor exercised upon right grounds and matters, nor in a right form and manner, nor to right ends, and then it is no marvel if it have not right effects. (Sir) we know our Saviour hath lodged it in the Church (for so runs the precept) dic Ecclesiae: now (Sir) that one man should be a Church, sounds strangely in my ears. In the next place (I boseech you Sir) consider about what their Spiritual Sword is exercised, about things no way lying under the stroke thereof; A man shall be excommunicated for a Pig, or for an Apple, and such like things: I heard once a Gentleman of the Civil Law answer hereunto in this house, that the Excommunication was not for the thing, but for the contempt, and the less the thing was, that was commanded, the greater was the contempt: If this were so, sure the greater is the cruelty, to lay command upon so small a matter, that draweth after it so deep a censure, as to cast a man down into Hell. Suppose a Magistrate should command some trivial matter, some ceremony or other, under pain of treason, and should proceed against the Infringers of his command as Traitors, it were much to be doubted, whether the command did not partake more of cruelty, than the disobedience of contempt; for when authority shall so fare lose itself, as to lay so great a weight upon so small a matter, it rendreth itself contemptible, and then it is no marvel (I had almost said) it is no fault, if it be contemned, having made itself contemptible. Then Sir, for the form of proceeding, it is no whit spiritual, there is no fasting and prayer, no seeking to reclaim the sinner, but rather it is after the fashion of a summary Process in a civil Court, nay, Sir, it is accompanied sometimes with an intimation that no man shall buy or sell with the person excommunicated, nor set him a work, nor do any civil or natural offices unto him. As we had a complaint brought in this Parliament, of a Son that was excommunicated only for repeating a Sermon to his father, being an excommunicate person. Now Sir, for the ends for which this censure is executed, they are ordinarily to fetch in fees, or at the best to bring men under Canonical obedience, which is the Ordinaries will and pleasure, and I have sometimes seen a Minister pronounce an Excommunication, which he held in one hand, and presently after the absolution which he held in the other, so the end of the excommunication was the absolution, and the end of that was fees: (Sir) for the honour of God, for the honour of our national Church, and for the honour of the Christian Religion, let the high and great censure of the Church no longer lackey after fees, let not Christians any longer be east to Satan, in the name of jesus Christ, for the non payment of a groat. And now Sir, we may imagine what effects are like to follow upon such premises, the great and dreadful censure of Excommunication is thereby made contemptible, and were it not for the civil restraints, and penalties that follow upon it, no man would purchase an absolution, though he may have it for a halfpenny. And I have heard of some that have thanked the Ordinaries for abating or remitting the fees of the Courts: but I never heard of any that thanked them, for reclaiming their souls to repentance, by their Excommunications; (Sir) for absolution, it is relative to excommunication, and so labours of the same diseases: only one thing I shall particularly note concerning absolution, (Sir) it is called commutation of penance, but indeed it is a destruction of the Ordinance, making it void, and of none effect, and surely God never set his Ministers to sell indulgences in his Church. The oath that is to precede absolution, de parendo juri ecclesia, & stando, etc. hath already been sufficiently spoken unto, in the debate about the Canons, and therefore there will be no need of speaking more to that. Now Sir, I am come to my last head, wherein I shall be very brief; and that is concerning the evils that arise out of the benefices and dignities of the Clergy, the common cause being from the inequality of the distribution of them, much resembling a disease very ordinary at this time amongst Children, which they call the Rickets, wherein the nourishment goeth all to the upper parts, which are overgreat and monstrous, and the lower parts pine away: and so it is in the Clergy, some are so poor, that they cannot attend their Ministry, but are feign to keep schools, nay, Alehouses some of them; and some others are so stately, they will not attend their Ministry, and so between them the flock starves: but our evils have more especially proceeded from the excessive worldly wealth, and dignities of one part of the Clergy, I mean such as either are in possession, or in hopes of Bishoprics, for these great places of profit and honour, first, have been the baits of ambition, and then they became the apples of contention, and last of all, the seeds of superstition, the one being a step and degree unto the other, and all of them leading in the end to the corruption, (that I may not say subversion) of our Religion. Sir, they are first the baits of ambition, and I know not by what secret cause, but experience showeth us, that when Clergy men have once tasted the sweet of worldly wealth and honours, they are more eager and ambitious after them than any other sort of men; here upon other godly Ministers, that live more according to the simplicity of the Gospel, and the example of Christ and his Apostles, cannot but bear witness against their worldly pomp and dignities, and so the fire of contention breaketh forth. And truly (Sir) the state of the Clergy is very like to fire, which whilst it keeps in the Chimney, it is of excellent use to warm those that approach unto it, but if it once break out into the house, and get upon the house top, it sets all on fire: so whilst the Clergy keep themselves within the pulpit, they are of great use to stir up the zeal and devotion of Christians, but if they once fly out into the house, if they begin to meddle with Civil places and jurisdictions, and especially if they once get up to the Counsel-table, it is seldom seen, but that at length they set all on fire; and what is it that maketh the fire to break out of the chimney, but too much fuel? if there be but a moderate proportion of fuel, the fire keeps itself within its bounds, but if you heap faggot upon faggot, a whole Cart load together, than it breaketh out: (So Sir) if there be a competent maintenance for the Ministry, they will keep themselves within their bounds, but if Living be heaped upon Living, and Temporalities added to Spiritualities, the flame will soon break out, and set the house on fire. (Sir) I do not envy the wealth or greatness of the Clergy, but I am very confident, if those were less, they would be better, and do more service to Christ and his Church; and I am very clear in mine own heart, that the live of the Clergy being more equally distributed, the service of God would be so fare from receiving any prejudice, that it would be much advanced, and withal a good proportion of revenue might return again to the Crown, from whence it was first derived. (Sir) Bishoprics, Deaneries, and Chapiters', are like to great wasters in a Wood, they make no proof themselves, they cumber the ground whereon they stand, and with their great Arms and Boughs streiched forth on every side, partly by their shade, and partly by their sour droppings, they hinder all the young wood under them from growing and thriving. To speak plain English, these Bishops, Deans, and Chapiters', do little good themselves by preaching, or otherwise; and if they were felled, a great deal of good timber might be cut out of them, for the uses of the Church, and Kingdom at this time. A fresh stool of three or four able Ministers might spring up in their stead to very good purpose in these great Towns, which are Ordinarily the Seats of those Episcopal, and Collegiate Churches, and the private Congregations of divers Parochial Churches might thrive and grow better, which now have the Sun of God's Word, I mean the clear and spiritual preaching thereof kept from them, and live in the dangerous shade of ignorance, by reason that all the means is taken from them, and appropriated unto Bishops, or to Deaneries, and Chaptiers, and other such Collegiate Churches. Besides, such as do begin to grow and start up through the voluntary pains of some amongst them, or▪ by such preaching as they themselves have procured by their voluntary contributions, should not still be dropped on as they are from the arms and appendances of those great wasters, and kept down continually by their bitter persecutions. That which remains now, is to show how these great Revenues and Dignities, become the seeds of superstition, and that is this: The Clergy in the maintenance of their greatness, which they are neither willing to forgo, nor yet well able to maintain upon the principles of the Reformed Religion, finding that the popish principles, whereon the Bishop of Rome built his greatness, to suit well unto their ends, that maketh them to side with that party, and that must needs bring in superstition: and as ambition allureth on the one side, so the principles they go by, draw them on farther and farther, and happily at length farther than they themselves at first intended. Whether a reconciliation with Rome, were imagined or no by some I leave it to every one to judge within himself: But sure I am, if an accommodation could have been made in some fashion or other, with the Church of Rome, the Clergy might again be capable of foreign preferments, and Cardinal's Caps, and this is no small temptation. Now Sir, I am at an end, only I shall draw out three conclusions, which I conceive may clearly be collected out of what I have said. First, that civil jurisdiction in the persons of Clergymen, together with their great Revenues, and high places of dignity, is one great cause of the evils which we suffer in matter of Religion. Secondly, that the sole and arbitrary power of Bishops in the ordaining and detriving of Ministers, and in Excommunication, and absolution, is another great cause of the evils we suffer in matter of Religion. Thirdly, the strict urging of Subscription, and Conformity to the Ceremonies, and Canons of the Church is another great cause of evil, which we suffer in matter of Religion. And now my humble motion is, that we should take a piece only of this subject into our consideration, but the whole matter, and that not only that part of the Ministers Remonstrance, which hath been read, should be referred to the Committee which you are about to name, but London's Petition also, and all other Petitions of the like nature, so soon as they shall be read in the house, and that the Committee may collect out of them all such heads as are fit for the consideration of this house, and surely that is fit to be considered, that happily will not be thought fit to be altered: consideration is one thing, and alteration another: where there is a mixture of bad and good together, the whole must be considered, that we may know how to sever the good from the bad, and so retain the one, and reject the other, which is all that I desire. And if any thing have fallen from me more inconsiderate (as in so long a discourse many things may have done) I humbly crave the pardon of the house, protesting that I have spoken nothing but with a mind which is ready to sacrifice the body it dwelleth in, to the peace and safety of his Majesty's Kingdoms, and the safety and honour of his Majesty in the Government of them. A Speech made before the Lords in the Upper House; by Mr. Francis Rous Esquire; March the 16th. 1640. Against Dr. Cousins, Dr. Maynwaring, and Dr. Beale. My LORDS, I AM commanded by the House of Commons to present to your Lordships a Declaration and Impeachment against Dr. Cousins, and others, upon the complaint of Mr. Peter Smart; which Mr. Smart was a Proto-Martyr, or, first Confessor of note in the late days of persecution. The whole matter is a Tree, whereof the branches and fruit are manifest in the Articles of this declaration; which being read, I shall with your Lordship's favour discover and lay open the root. The Declaration was read, and then He proceeded thus: My Lords, I AM now to discover the root of Mr. Smarts Persecution. Your Lordships have heard of a great Design to bring in Popery; you have heard of Armies of Soldiers, and particularly of the Popish Irish Army, the burden and Complaint of the Commons. But there is another Army not so much spoken of, and that is an Army of Priests: for since Altars came in (so they delight to be called,) it is a saying of Gregory the Great, that when Antichrist comes, Preparatus est exercitus Sacerdotum: There is an Army of Priests ready to receive him: this is fulfilled in our time; for certainty this Army of Priests doth many ways advance the design and plot of Popery. A first is by the subversion of our Laws, and Government: our Laws and Popery cannot stand together; but either Popery must overthrow our Laws, or our Laws must over throw Popery: but to overthrow our Laws they must overthrow Parliaments; and to overthrow Parliaments, they must overthrow property; thy must bring the Subject's goods to be arbitrarily disposed that so there may be no need of Parliament; this hath bind done by Dr. Maynwaring, (whom we find wanting yet not in the seats, but in the Bar of the Lords house) and the like by Dr. Beale: and I think it was the intention of the late Canons. A second way, by which this Army of Priests advanceth the Popish Design, is the way of Treaty. This hath bind acted both by writings & conference: Sancta Clara himself saith, Doct●ssimi eorum quibusounque egi; so it seems they have had conferences together. And Sancta Clara on his part, labours to bring the Articles of our Church to Popery; and some of our side strive to meet him in that way: we have a testimony that the great Archpriest himself hath said; It were no hard matter to make a reconciliation, if a wise man had the handling of it. But I verily believe, that as the state of Papacy stands, a fare wise man than be cannot reconcile Us, without the loss of our Religion. For the Pope being fastened to his Errors, even by his Chair of Inerrability, he sits still unmoved, and so we cannot meet, except we come wholly to him. A man standing in a Boat tied to a Rock, when he draws the Rope, doth not draw the Rock to the Boat, but the Boat to the Rock. And Sancta Clara doth (in this somewhat honestly) confess it: for he saith he dealt in this way of Treaty, not to draw the Church to the Protestants; but the Protestants to the Church. A third way is a way of violence, this violence they exercise partly by Secular Arms, and partly by Priestly Arms, which they call Spiritual: for Secular Arms we have their own confession, that the late war was Bellum Episcopale; and we have the Papists confession, that it was Bellum Papale; for in their motives, they say, That the war concerns them not only as subjects, but as Catholics, for so they falsely call themselves: and if it be so, then Bellum Episcopale, is also Bellum Papale: in the Episcopal War, the Papal cause is advanced: For the Spiritual Arms, thus they come to execution. When a great Man is coming, his Sumpters, his Furniture, his Provisions go before: the Pope's Furniture, Altars and Copes, Pictures and Images are come before; (and if we believe Dr. Cousins) the very substance of the Mass; a certain sign that the Pope was not fare off. Now these foretunners being come, if any man resist them, Fire comes out of the Brambles, and devours the Cedars of Lebanon; the Army of the Priests falls upon him with their Arms of Suspension, Sequestration, Excommunication, Degradation, and Deprivation. And by these Arms hath Mr. Smart been oppressed and undone. He falls upon their Superstitions, and Innovations, and they fall upon him with their Arms, they beat him down, yea they pull him up by the roots, taking away all his means of maintenance and living; yet they leave him life to feel his miseries; Ita feriunt, ut diu se sentiat mori; there is no cruelty to Priesty cruelty; these are they that did put our very Saviour to death: the Calling is Reverend, but the Corruption of it most pernicious; Corruptio optimi pessima: I know no reason of this change, except it be that of the Apostle: Because when they knew God, they did not worship him as God, but made a God of the World, placing the excellency of Priesthood in worldly pomp and greatness, and gave the glory of the invisible God, to Pictures, Images, and Altars: therefore God gave them up to vile affections, to be implacable, unmerciful, and without natural affection. But whatsoever the cause is of their Corruption; certainly their Arms have fallen heavily upon Mr. Smart, and Priestly cruelty hath cast him into a long misery, from which he could get no release by any Priestly mercy. And now it is prayed, that as these Delinquents by the cruel oppressions of Mr. Smart have advanced the Cause of Popery, so they may in such a degree of justice be punished, that in them Priestly cruelty, and the very cause of Popery may appear to be punished and suppressed, and that Mr. Smart suffering for the Cause of Protestancy may be so repaired, that in him pious Constancy, and the very Cause of Protestancy may appear to be righted and repaired. A second Speech of the Honourable NATHANAEL FIENNES (second Son to the right Honourable the Lord Say) touching the Subjects Liberty against the late Canons and the new Oath. Mr. Speaker, NOW that we are about to brand these Canons in respect of the matter contained in them, it is the proper time to open the foulness thereof: and though much of this hath been anticipated in the general debate, yet if any thing hath been omitted, or if any thing may be farther cleared in that kind, it is for the service of the House, that it should now be done. Sir I conceive these Canons do contain sundry matters, which are not only contrary to the Laws of this Land, but also destructive of the very principal and fundamental Laws of this Kingdom. I shall begin with the first Canon, wherein the framers of these Canons have assumed unto themselves a Parliamentary power, and that too in a very high degree, for they have taken upon them to define what is the power of the King, what the liberty of the Subjects, and what propriety he hath in his goods. If this be not proper to a Parliament, I know not what is. Nay it is the highest matter that can fall under the consideration of a Parliament, and such a point as wherein they would have walked with more tenderness and circumspection than these bold Divines have done. And surely, as this was an act of such presumption as no age can parallel: so is it of such dangerous consequence as nothing can be more. For they do not only take upon them to determine matters of this nature, but also under great penalties, forbidden all Parsons, Vicars, Curates, Readers in Divinity, etc. to speak any other ways of them then as they had defined, by which means having seized upon all the Conduits, whereby knowledge is conveyed to the people, how easy would it be for them in time, to undermine the King's Prerogative, and to suppress the subjects liberty, or both. And now (Sir) I beseech you to consider how they have defined this high and great point: they have dealt with us in matter of Divinity, as the Judges had done before in matter of Law: they first took upon them to determine a matter that belonged not to their Judicature, but only to the Parliament, and after by their judgement they overthrew our propriety, and just so have these Divines dealt with us: they tell us that Kings are an Ordinance of God, of Divine Right, and founded in the prime Laws of Nature, from whence it will follow that all other forms of government, as Aristocracies, and Democracies, are wicked forms of government, contrary to the Ordinance of God, and the Prime Laws of Nature, which is such new Divinity as never read in any Book, but in this new Book of Canons. Mr. Speaker, We all know that Kings, and States, and judges, and all Magistrates are the Ordinances of God, but (Sir) give me leave to say they were the Ordinances of men, before they were the Ordinances of God. I know I am upon a great and high point, but I speak by as great and as high a warrant, if St. Peter's chair cannot err (as St. Peter's Epistles cannot) thus he teacheth us, Submit yourself to-every Ordinance of man for the Lords sake, whether it be to the King as supreme, or to the Governor, as to him that is sent by him, etc. (Sir) It is worthy noting, that they are Ordinances of men, but that they are to be submitted unto for the Lords sake, and truly their power is as just, and their subjects allegiance as due unto them, though we suppose them to be first ordinances of men, and then confirmed, and established by God's Ordinance, as if we suppose them to be immediate Ordinances of God, and so received by men. But there was somewhat in it, that these Divines aimed at, I suppose it was this. If Kings were of Divine Right, as the Office of a Pastor in the Church, or founded in the prime Laws of Nature, as the power of a Father in a Family; than it would certainly follow, that they should receive the fashion and manner of their government, only from the Prescript of God's Word, or of the Laws of Nature, and consequently, if there be no Text, neither of the Old nor New Testament, nor yet any Law of Nature, that Kings may not make Laws without Parliaments, they may make Laws without Parliaments, and if neither in the Scripture, nor in the Law of Nature, Kings be forbidden to lay taxes or any kind of impositions upon their people without consent in Parliament, they may do it out of Parliament: and that this was their meaning, they express it after in plain terms, for they say that Subsidies and taxes, and all manner of aids are due unto Kings by the Law of God, and of Nature. (Sir) if they be due by the Law of God and of Nature, they are due, though there be no act of Parliament for them: nay (Sir) if they be due by such a right, a hundred acts of Parliaments cannot take them away, or make them undue. And (Sir) that they meant it of Subsidies and aids taken without consent in Parliament, is clearly that addition that they subjoin unto it, that this doth not take away from the Subject the propriety he hath in his goods, for had they spoken of Subsidies and aids given by consent in Parliament, this would have been a very ridiculous addition, for who ever made any question, whether the giving Subsidies in Parliament did take away from the Subject the propriety he hath in his goods, when as it doth evidently imply they have a propriety in their goods? for they could not give unless they had something to give: but because that was alleged as a chief reason against Ship-mens', and other such illegal payments levied upon the people, without their consent in Parliament, that it did deprive them of their right of propriety, which they have in their goods, these Divines would seem to make some answer thereunto, but in truth their answer is nothing else but the bare assertion of a contradiction, and it is an easy thing to say a contradiction, but impossible to reconcile it; for certainly if it be a true rule (as it is most true) quod meum est sine consensu meo, non potest fieri alienum; to take my goods without my consent must needs destroy my propriety. Another thing in this first Canon, wherein they have assumed unto themselves a Parliamentary power, is in that they take upon them to define what is Treason, besides what is determined in the statute of Treasons. They say, to set up any coactive independent power is treasonable both against God and the King, the question is not whether it be true they say or no, but whether they have power to say what is Treason, and what not? But now (Sir) that I am upon this point, I would gladly know what kind of power that is, which is exercised by Arch-Bishops, Bishops, Deans, Arch-Deacons, etc. Coactive certainly it is, all the Kingdom feels the lash thereof, and it must needs be independent, if it be jure Divine, as they hold it, for they do not mean by an independent power, such a power as doth not depend on GOD. Besides, if their power be dependant, of whom is it dependant? not of the King, for the Law acknowledgeth no way whereby Ecclesiastical jurisdiction can be derived from his Majesty, but by his Commission under the great-Scale, which as I am informed, they have not: I speak not of the High Commission, but of that jurisdiction which they exercise in their archiepiscopal, Episcopal, Archidaconall Courts, etc. and therefore if their own sentence be just, we know what they are, and what they have pronounced against themselves. But (Sir) it were worth knowing what they aimed at in that independent coactive power, which they term popular. I will not take upon me to unfold their meaning; but we know Doctor Beale had a hand in the making of these Canons, and if we apply his Paraphrase to the Text, it may give us some clearness. I remember amongst other notes of his this was one, that he did acknowledge the King's Supremacy, but would join unto him an assistant (viz.) the people, meaning this House, which being the representative body of the COMMONS of England, and claiming, as it is so, a share in the Legislative power, Doctor Beale calleth this a joining of an assistant to the King, in whom solely he placeth the power of making Laws, and that it is but of grace, that he assumeth either the Lords, or Commons for the making of Laws with him. Now (Sir) the Legislative power is the greatest power, and therefore coactive, and it is the highest power, and therefore independent, and if every Estate for the proportion it hath therein, should not have such a power, it should not have it of right, as founded in the Fabric and frame of the policy and government, but of Grace, or by Commission, as Dr. Beale affirmeth. I have done with the first Canon, only I shall add this, that considering the principles and positions that are laid down therein, and comparing them with a clause towards the end of the Canon, that in no case imaginable it is lawful for subjects to defend themselves, we may judge how fare forth these Canons were to prepare men's minds for the force that was to follow after; if the accusation against my Lord of Strafford be laid aright. For the matter itself, I hope there will never be any need to dispute that question, and I do believe they had as little need, to have published that position, had it not been upon design. As for the second Canon, therein also they have assumed to themselves a Parliamentary power, in taking upon them, to appoint Holidays, whereas the statute saith in express words, that such days shall be only kept as Holidays as are named in the Statute, and no other, and therefore though the thing may be bonum, yet it was not done been, because not ordained by Parliament, notwithstanding what hath been alleged to the contrary: it seemeth to me to be the appointing of an Holiday, to set a time a part for Divine service, and to force menunder penalties to leave their labours, and business, and to be present at it. And of the same nature is that other clause, in the same Canon, wherein they take upon them without Parliament, to lay a charge upon the people, enjoining two Books at least for that day, to be bought at the charge of the parish, for by the same right, that they may lay a penny on the Parish without Parliament, they may lay a pound or any greater sum. As to the third Canon, I shall pass it over, only the observation that my neighbour of the long Robe made upon it, seems unto me so good, as that it is worth the repeating, that whereas in the Canon against Sectaries there is an especial proviso, that it shall not derogate from any Statute, or Law made against them (as if their Canons had any power to disannul an act of Parliament) there is no such proviso in this Canon against Papists, from whence it may be probably conjectured, that they might have drawn some colour of exemption from the penal Laws established against them from this Canon, because it might seem hard that they should be doubly punished for the same thing, as we know in the point of absence from the Church; the Law provideth, that if any man be first punished by the Ordinary, he shall not be punished again by the justices. For the fourth Canon against Socinianism, therein also these Canon-makers have assumed to themselves, a Parliament power, in determining an Heresy not determined by Law, which is expressly reserved to the determination of a Parliament. It is true, they say it is a complication of many heresies, condemned in the four first Counsels, but they do not say what those Heresies are, and it is not possible that Socinianism should be formally condemned in these Counsels, for it is sprung up but of late: Therefore they have taken upon them, to determine and damn a Heresy, and that so generally, as that it may be of very dangerous consequence, for condemning Socinianism for an heresy, and not declaring what is Socinianism, it is left in their breasts whom they will judge and call a Socinian. I would not have any thing that I have said to be interpreted, as if I had spoken it in favour of Socinianism, which (if it be such as I apprehend it to be) is indeed a most vile and damnable heresy, and therefore the framers of these Canons, are the more to blame in the next Canon against Sectaries, wherein besides that in the preamble thereof, they lay it down for a certain ground, which the holy Synod knew full well, that other Sects (which they extend not only to Brownists and Separatists, but also to all persons, that for the space of a month, do absent themselves without a reasonable cause, from their own parish Churches) do equally endeavour the subversion of the Discipline, and Doctrine of the Church of England with the Papists, although the worst of them do not bear any proportion, in that respect to the Papists, I say besides that they make them equal in crime and punishment to the Papists, notwithstanding the great disproportion of their Tenants: there is another passage in this Canon relative to that against Socinianism, which I shall especially offer to your consideration, and that is this. If a Gentleman coming from beyond Seas should happen to bring over with him a Book contrary to the Discipline of the Church of England, or should give such a Book to his friend, nay if any man should abett, or maintain an opinion contrary thereunto, though it were but in Parliament, if he thought it fit to be altered, by this Canon he is excommunicated ipso facto, and lieth under the same consideration, and is liable to the same punishment; as if he had maintained an opinion against the Deity of Christ, and of the Holy Ghost, and of our justification by the satisfaction of Christ. (Sir) if in things that are in their own Nature indifferent, if in things disputable it shall be as heinous to abett or maintain an opinion, as in the most horrible and monstrous heresies, that can be imagined, what liberty is left to us as Christians? What liberty is left to us as men? I proceed to the sixth Canon, wherein these Canonists have asumed to then selves a Parliamentary power, and that in a very high degree, in that they have taken upon them to impose new Oaths upon the King's Subjects. (Sir) under favour, of what hath been alleged to the contrary, to impose an Oath, if it be not an higher power, then to make a Law, it is a power of making a Law of most high Nature, and of higher and farther consequence than any other Law, and I should much rather choose that the Convocation should have a power to make Laws, to bind my person and my estate, then that they should have a power to make Oaths to bind my Conscience: a Law binds me no longer than till another Law be made to alter it, but my Oath binds me as long as I live. Again, a Law binds me either to obedience, or to undergo the penalty inflicted by the Law, but my Oath binds me absolutely to obedience. And lastly, a Law binds me no longer than I am in the Land, or at the farthest not longer than I am a member of the State; wherein and whereby the Law is made, but my Oath once being taken doth bind me in all places, and in all conditions so long as I live. Thus much I thought good to speak, concerning the power of imposing new Oaths: as to the matter of this new Oath, it is wholly illegal. It is against the Law of this Land, it is against the Law and light of Nature, it is against the Law of God, it is against the Laws of this Kingdom; and that no obscure Laws, nor concerning any mean or petty matters. It is against the Law of the King's Supremacy, in that it maketh Archbishops, Bishops, Deans, Arch-Deacons, etc. to be jure Divino, whereas the Law of this Land hath annexed to the Imperial Crown of this Realm, not only all Ecclesiastical jurisdiction, but also all superiority over the Ecclesiastical State, and it is to be derived from him by Commission under the Great Seal, and consequently it is Jure humano. Again, it is against the Oath of Supremacy, established by Law point blank, for therein I am sworn not only to consent unto, but also to assist, and to the uttermost of my power, to defend all jurisdictions, Preeminences, etc. annexed to the Imperial Crown of this Realm, of which this is one, (and that which immediately precedeth this Oath in the Statute, and whereunto it doth especially relate) That his Majesty may exercise any jurisdictions, or Ecclesiastical Government by his Commission under the great Seal directed to such persons, as he shall thin 〈◊〉 meet, so that if he shall think other persons more meet, than Archbishops, Bishops, etc. I am sworn in the Oath of Supremacy not only to assent thereunto, but to assist, and to the uttermost of my power to defend such an appointment of his Majesty, and in this new Oath I shall swear never to consent unto such an alteration. In the like manner it is against the Law and Light of Nature, that a man should swear to answer (etc.) to he knows not what. It is against the Law and light of Nature, that a man should swear never to consent, to alter a thing that in its own nature is alterable, and may prove inconvenient, and fit to be altered. Lastly, it is against the Law of God: for whereas there are three rules prescribed to him that will swear aright, that he swear in judgement, in Truth, and righteousness: he that shall take this new Oath, must needs break all these three Rules. He cannot swear in judgement, because this Oath is so full of ambiguities, that he cannot tell what he swears unto; not to speak of the unextricable ambiguity of the etc. There is scarce one word that is not ambiguous in the principal parts of the Oath, as first, What is meant by the Church of England, whether all the Christians in England, or wherher the Clergy only, or only the Archbishop, Bishops, Deans, etc. Or whether the Convocation, or what? In like manner it is as doubtful what is meant by the Discipline, and what by the Dotirine of the Church of England, for what some call Superstitions Innovations, if others affirm to be consonant to the Primitive, and that the purest Reformation in the time of Edward the 6. and in the beginning of the Reign of Queen Elizabeth: and so for the Doctrine of the Church of England; if all the Positions that of later years have been challenged by some of Divines to be Arminian and Popish, and contrary to the Articles of our Religion, and which on the other side have been asserted and maintained as consonant to the Doctrine of our Church, and if the Articles of Religion were gathered together, they might make a pretty volume: Nay, Sancta Clara will maintain it in despite of the Puritans, that the Doctrine of the Church of Rome, is the Doctrine of the Church of England. Truly it were very fit that we knew, what were the Doctrine and Discipline of the Church of England before we swear to it, and then (Sir) give me leave to say, that I should be very loath to swear to the Discipline, or to the Doctrine and Tenants of the purest Church in the World, as they are collected by them, farther than they agree with the Holy Scriptures. Lastly, it is as doubtful what is meant, by the Doctrine and Discipline established, and what by altering & consenting to alter, whether that is accounted, or established, which is established by a Act of Parliament, or wether that also that is established by Canons, Injunctions▪ etc. and whether it shall not extend to that which is published by our Divines with the allowance of authority & so for consenting to alter whether it be only meant, that a man shall not be active in altering, or whether it extend to any consent, and so that a man shall not submit to it, nor accept of it, being altered by the State. More ambiguities might be shown, but these are enough to make it clear, that he that shall t●k this Oath cannot swear in judgement. Nor can he swear in Truth, for it is full of untruths. It is not true, that Discipline is necessary to salvation. It is not true, that Arch-Bishops, Bishops, Deans, Arch-Deacons, etc. are jure Divino, as they must needs be, if the Law-mamakers aught of right to establish them, as they are established: for the Lawmakers are not bound as of right, to frame their Laws to any other than the Laws of God alone. Now whether Bishops' be jure Divino, we know it is a dispute among the Papists, and never did any Protestant hold it till of late years, but that Archbishops, Deans, Arch-Deacons, etc. should be jure Divino, I do not know that ever any Christian held it before, and yet he that taketh this Oath must swear it. Lastly, as he that taketh this Oath cannot swear in judgement nor in Truth, so neither can he swear in Righteousness, for it is full of unrighteousness, being indeed, as hath been well opened, a Covenant in effect against the King and Kingdom; for if the whole State should find it necessary to alter the Government by Arch-Bishops, Bishop, &c, a great part of the Kingdom, especially of the Gentry (for not only the Clergy, but all that take Degrees in the Universities are bound to take it) will be preingaged not to consent to it, or admit of it. Again it is a great wrong to those that shall be Parliament-men, that their freedom shall be taken away being bound up by an Oath, not to consent to the altering of a thing, which it may befit and proper for a Parliament to alter. And suppose that for the present it be no hindrance to the service of God, nor yet burdensome to the King and Kingdom, yet if it should prove so hereafter, for a man to be bound by an Oath never to consent to alter it, may be a great wrong to God in his service, and to the King and Kingdom in their peace and welfare, and therefore this Oath cannot be taken in Righteousness. For the other Oath de parendo juri Ecclisiae, & stando mandatis Ecclesiae, though it make less noise than the other, yet it is not of less dangerous consequence. If I remember well the Story, this was the Oath that the Pope made King John to take, and when he had sworn stare mandatis Ecclesiae, the Pope commanded him to resign his Kingdom to him, and truly be he Gentle man or Nobleman, or what ever else, when he hath once put his neck into this noose, his Ghostly Fathers may drag him whither they will, for they have the quantity and the quality of the penance in their own breast, and if they shall enjoin him to give any sum towards the building of a Church, or the adorning of a Chapel, he must pay it; or if they should enjoin him any servile or base action (as there are not wanting examples of that kind in the time of Popery) they are sworn stare mandatis Ecclesiae, and so cannot recede, but must perform it. Nay, I dare not warrant any man from the rods of Henry the second; or of Raymond of Tholouze; what hath been done may be done, I am sure the power is the same. And that other Oath also (though more usual in practice, and more confirmed by these new Canons) which is administered to Churchwardens, would be looked into. For it is hardly possible for them that take it not to be forsworn, being they swear to so many particulars, that they cannot mind, and to some that they cannot understand, as how many Churchwardens are there in England, that understand what Socinianism is, in case they be sworn, to present the offenders against that Canon, which concerns that matter. I shall only add a word or two concerning two Canons more, which seem to be Canons of Reformation. The first is, concerning Excommunication, to be pronounced only by a Divine, wherein it is alleged for the framers of these Canons, that if they have not more Law on their sides, yet they may seem to have more reason. For my part, as in all other things, I think they have so mended the matter, that they have made it far worse, for before that which was found fault with was this, that a Layman did that which the grave Divine should have done, and now the grave Divine must do what ever the Layman would have done, for the cognisance of the cause, and the power of judicature is wholly in the Layman, only the grave Divine is to be his servant, to execute his sentences, and hath such a kind of managing the spiritual sword allowed only unto him as the Papists in some cases were wont to afford unto the civil Magistrate, in respect of the Temporal● sword, ●or as if the Civil sword by an implicit Faith had been pinned to the Lawn-sleeves, they condemned men of Heresy, and then delivered them over to the Secular power: but what to do? Not to have any cognisance of the cause, nor to exercise any power of judicature, but only to be their executioners, and to burn the Heretic whom they had condemned, and so they judged men excommunicate, and then the Civil power was to send out Writs de excommunicato capiendo against them, but one said well, that the sword without cognisance of the cause, and judgement, was like Polyphemus without his eye, it became violence and fury. But being accompanied with the eye of judgement, it is equity and justice: and surely where the Spiritual or Civil Governor is called upon to strike, he must be allowed to see and judge whom and wherefore he strikes, otherwise he will be able to give but an ill account to God, of the managing of the sword wherewith he is instructed. The other Canon is the last Canon against vexatious Citations, wherein they seem to have some sense of the great grievances that poor people lie under; by occasion of vexatious citations, and molestations in Ecclesiastical Courts, and I verily believe, that there is not a greater oppression in the whole Kingdom upon the poorer sort of people, then that which proceedeth out of these Courts. But now (Sir) let us see what provision they have made against it by this Canon. They say because great grievances may fall upon people by citations upon pretence only, of the breach of that Law without any presentment, or any other just ground, that no citations grounded only as aforesaid, shall issue out, except it be under the hand and Seal of the Chancellor, Commissarie, Archdeacon, or other competent Judge, so that (if there be any sense in these words) though there be no presentment at all, nor any other just ground, yet a citation may issue out, so it be under the hand and Seal of the Chancellor, Commissary, or other competent Judge, and the party shall not be discharged without paying his fees, nor have any relief by this Canon. But suppose the Citation be not under the hand and Seal of any competent judge, and that there was neither presentment nor any just ground for it, shall he then be dismissed without paying any fees? No, unless first contrary to the Law of Nature, there being no presentment, nor just ground of accusation against him, he shall by his Oath purge himself of pretended breaches of Law, and then too he shall only have the fees of the Court remitted, but shall have no satisfaction for his troublesome and chargeable journey, and for the loss of his time, and being drawn away from his affairs▪ Nay, lest they should seem to have been too liberal of their favour, they add a proviso in the close of the Canon, that this grace of theirs shall not extend to any grievous crime, as Schism, Incontinency, misbehavious in the Church, or obstinate inconformity. And what do they call misbehaviour in the Church? If a man do not kneel at the Confession, or have his hat on, when the Lessons are reading. In like manner what do they call obstinate inconformity? If a man will not think what they would have him think, if a man will not say what they would have him say, if a man will not swear what they would have him swear, if a man will not read what they would have him read, if a man will not preach what they would have him preach, if a man will not pray what they would have him pray; In short, if a man will not do what ever they would have him do, than he is an inconformist, and after that they have duly admonished him, primo, secundo, tertio, all in one breath, than he is contumacious, than he is an obstinate Inconformist. Now (Sir) my humble motion is, that in consideration of all the premises, and what besides hath been well laid open by others; we should proceed to dam these Canons, not only as contrary to the Laws of the Land, but also as containing sundry matters, destructive of the rights of Parliaments, and of the fundamental and other principal Laws of this Kingdom, and otherwise of very dangerous consequence. The Lord Digbies Speech to the House of Commons, concerning Bishops, and the City petition, the 9 of February. 1640. Mr. Speaker, I Know it is a tender subject I am to speak of, wherein I believe some within these Walls are engaged with earnestness in contrary opinions to mine; and therefore it will be necessary, that in the first place I beseech the patience of this House, that they will be pleased to hear me without interruption: though somewhat I say should chance to be displeasing, I hope there will be somewhat from me ere I conclude, that may be of Service to this House. Sir, if I thought there were no further design in the desires of some, that this London Petition should be committed, then merely to make use of it, as an Index of grievance: I should wink at the faults of it, and not much oppose it. There is no man within these walls, more sensible of the heavy grievance of Church government, than myself; nor whose affections are keen to the clipping of those wings of the Prelates, whereby they have mounted to such insolences, nor whose zeal is more ardent to the searing them, as that they may never spring again. But having reason to believe that some aim at a total extirpation of Bishops, which is against my heart, and that the committing of this Petition, may give countenance to that Design, I cannot restrain myself from labouring to divert it, or at least to set such notes upon it, as may make it ineffectual to that end. Truly, Sir, when this Petition was first brought into the House, I considered it in its nature, in the manner of the delivery in the present conjuncture of affixes, both Ecclesiastical and Civil, to be a thing of the highest Consequence that any Age hath presented to a Parliament; and the same thoughts I have of it still. I profess, I looked upon it then with terror, as upon a Comet or blazing star, raised and kindled out of the stench, out of the poisonous exhalation of a corrupted Hierarchy: Me thought the Comet had a terrible Tail with it, Sir, and pointed to the North, the same fears dwell with me still concerning it, (and I beseech God they may not prove Prophetical:) I fear all the Prudence, all the Forecast, all the Virtue of this House, how unitedly soever collected, how vigorously applied, will have a hard work of it. Yet to hinder this Meteor from causing such Distempers and Combustions by its Influence, as it then portended by its appearance; what ever the Event be, I shall discharge my Conscience concerning it, freely and uprightly, as unbyast by popularity, as by any Court respects. Sir, I could never flatter the sense of this House, which I Reverence so much, as to suppress a single No, that my heart dictated, though I knew the venting of it might cast prejudices upon me: had my Fortune plac●d me near a King, I could not have flattered a King; and I do not intent now to flatter a multitude. I shall desire those worthy Aldermen, and the rest here of the City of London, not to take any thing I shall say, in the least way of disparagement or reflection on the City; I look not upon this Petition, as a Petition from the City of London, but from I know not what, 15000. Londoners, all that could be got to subscribe. When this Petition was first presented, there might be more reason for the Commitment of it, as being then the most comprehensive Catalogue we had of Church grievance, but now that the Ministers by their Remonstrance, have given us so fair and full an Index of them without those mixtures of things contemptible, irrational, and presumptuous, wherewith this Petition abounds; I do not know I profess to what good end it can be committed, being full of contemptible things, but first let me recall to your mind the manner of its delivery: And I am confident, there is no man of judgement, that will think it fit for a Parliament under a Monarchy, to give countenance to irregular and tumultuous assemblies of people, be it for never so good an end: Besides, there is no man of the least insight into Nature, or History, but knows the danger, when either true or pretended stimulation of conscience hath once given a multitude agitation. Contemptible things (Sir) swarm in the 8.13.14.15, 16.17. Articles of this Petition. Did ever any body think that the gaites of Ovid, or Tom. Caries muse, should by 15000. have been presented to a Parliament, as a motive for the extirpation of Bishops, the scandal of the Rochet, the Lawne-sleeves, the four corner Cap, the Cope, the Surplice, the Tippet, the Hood, the Canonical Coat, etc. may pass with arguments of the sune weight; only thus much let me observe upon it (Mr. Speaker) that one would swear the penners of the Article had the pluming of some Bishops already, they are so acquainted with every feather of them. In a word, I know not whether be more preposterous, to infer the extirpation of Bishops from such weak Arguments, or to attribute as they do to Church government all the civil grievance; not a Patent, not a Monopoly, not the price of a commodity moditie raised, but these men make Bishops the cause of it. For the irrational part (Mr. Speaker) first they Petition us in a Method only allowable with those, whose judgement or justice is suspected, that is Iniquum petere, ut aequum feras: There is no Logic, no reasoning in their demands: It were want of Logic in me to expect it from a multitude, but I consider the multitude in this is led by implicit faith, to that which hath been digested, and contrived but by a few, and in them truly I cannot but wonder at the want of Reconciliation here. A Petition, Mr. Speaker, aught in this to be a kind of Syllogism, that the Conclusion, the Prayer ought to hold proportion with the premises, that is, with the Allegations, and Complaints, and to beeasonably deduced from them. But what have we here? a multitude of Allegations, a multitude of instances, of abuses, and depravations of Church Government: And what inferred from thence? let the use be utterly abolished for the abuses sake: As if they should say, that because Drunkenness and Adultery are grown so epidemical, as is alleged in the Petition; Let there be no more use of Wine nor of Women in the Land. Christ's Discipline hath been adulterated, 'tis true, the whole Church inebriated by the Prelates, therefore infer our Petitioners, let not so much as the chaste, the sober use of them be suffered. Give me leave to continue one of the Comparisons a little further; should it be demonstrated unto us, that Wine could not be made use of without Drunkenness, and withal some such Liquor presented, as healthy, and as nourishing, from which no distemper could arise; I should not blame any man for desiring to pluck up the Vine by the roots. But for the movable ills-sake, to take away the solid good of a thing, is just as reasonable in this, as to root up a good tree, because there is a Canker in the branches. For the bold part of this Petition, Sir, what can there be of greater presumption, than for petitioners, not only to prescribe to a Parliament, what, and how it shall do; but for a multitude to teach a Parliament, what, and what is not the government according to God's word. Besides, what is the Petition against? is it not against the government of the Church of England, established by Acts of Parliament? Is it not against the Liturgy, against several forms of Divine service, ratified by the same Authority? 'Tis true, Mr. Speaker, the Parliament may mend, may alter, may repeal Laws, may make new, and I hope, in due season we shall do so in point of Church-government: but in the mean time let me tell you, Sir, I cannot but esteem it an irreverence, an high presumption in any, to petition point blank against a Law, or Government in force. Representment of Inconvenience may be made, (as the Ministers have done) such as may endure the wisdom of a Parliament, to advise Laws, to rectify, to repeal them; but it imports the very essence of Parliaments, to keep up the honour of its former Acts, and not to suffer them to be further blasted from abroad. Believe me, Mr. Speaker, all the reverence and authority, which we expect from future times to our own Acts hereafter depends upon our upholding the dignity of what former Parliaments have done, even in those things which in their due time we may desire, and intent to reverse. Mr. Speaker, you see in what plain language I have set forth unto you the faults of this Petition, notwithstanding as great as they are, so they may not obtain any seeming countenance from us; I find myself willing to have them past by, especially when I consider how naturally prone all mankind is, when it finds itself oppressed beyond patience, to fly unto extremes for ease. And indeed, I do not think, that any people hath been evermore provoked, than the generality of England, of late years, by the insolences, and exorbitances of the Prelates. I protest sincerely, Mr. Speaker, I cannot cast mine eye upon this Petition, nor my thoughts on the practices of the Churchmen, that have governed it of late; but they appeared to me as a scourge employed by God upon us for the sins of the Nation; I cannot think of that passage in the Book of Kings, He that escapes the Sword of Hazael, shall Jehu slay; and he that escapes jehu, shall Elisha slay. Me thinks the vengeance of the Prelates hath been so laid, as if 'twere meant, no generation, no degree, no complexion of mankind should escape it. Was there a man of a nice and tender Conscience? him have they afflicted with scandal in Adiaphoris, imposing on him those things, as necessary, which he thinks unlawful, and they themselves knew to be but indifferent. Was there a man of a legal conscience, that made the establishments by Law, the measure of his religion? him have they nettled with Innovations, with fresh Introductions to Popery. Was there a man of a meek and humble spirit? him have they trampled to dirt in their pride. Was there a man of a proud and arrogant nature? him have they bereft with indignation at their superlative insolence about him. Was there a man peaceably affected, studious of the quiet, and tranquillity of his Country? their incepdi●●riship hath plagued him. Was there a man faithfully addicted to the right of the Crown, loyally affected to the King's Supremacy? how hath he been galled by their new Oath? a direct Covenant against it. Was there a man tenacious of the liberty, and propriety of the Subject? have they not set forth Books, or Sermons, or Canons destructive to them all? Was there a man of a pretty sturdy conscience, that would not blanche for a little? their pernicious Oath hath made him sensible, and wounded, or I fear prepared him for the Devil. Was there a man that durst mutter against their Insolences? he may inquire for his Lugges, they have been within the Bishop's visitation; as if they would not only derive their Brandishment of the spiritual sword from St. Peter, but of the material one too, and the right to cut off Ears. Mr. Speaker, as dully, as faintly, as unlively, as in Language, these actions of the Prelates have been expressed unto you, I am confident, there is no man hears me but is brimful of indignation. For my part, I profess I am so inflamed with the sense of them, that I find myself ready to cry out with the loudest of the 15000, down with them, down with them, even to the ground. But M. Speaker, when I cast mine eye round upon this great and wise Assembly, and find myself a part too, (though the most unworthy and inconsiderable) of that Senate, from whose dispassionate and equal Constitutions, present and future times must expect their happiness or infelicity: It obliges me to the utmost of my power to divest myself and others of all those disturbances of Judgement which arise ever from great Provocations, and to settle my thoughts in that temper, which I think necessary to all those that would judge clearly of such things as have incensed them. I beseech you Gentlemen, let us not be led on by passion to popular and vulgar Errors, it is natural (as I told you before) to the multitude to fly into extremes; that seems ever the best to them, that is most opposite to the presentest object of their hate. Wise Counsels (Mr. Speaker) must square their Resolutions by another measure, by that's most just, most honourable, most convenient: Believe me, Sir, great alterations of Government are rarely accompanied with any of these. Mr. Speaker, we all agree upon this; that a Reformation of Church Government is most necessary, and our happy unity of opinions herein should be one argument unto us to stay there; but, Sir, to strike at the Root, to attempt a total Alteration, before ever I can give my vote unto that, three things must be made manifest unto me. First, that the mischiefs which we have felt under Episcopal Government flow from the nature of the function, not from the abuses of it only, that is, that no Rules, no Boundaries can be set to Bishops able to restrain them from such Exorbitances. Secondly, such a frame of Government must be laid before us, as no time, no Corruption can make liable to proportionable inconveniences with that which we abolish. And thirdly, it must be made to appear that this Utopia is practicable. For the first, Sir, that Episcopacy a function deduced through all ages of Christ's Church, from the Apostles times, and continued by the most venerable and sacred Order Ecclesiastical; and function dignified by the learning and Piety of so many Fathers of the Church, glorified by so many Martyrdoms in the Primitive times, and some since our own blessed Reformation, a government admired (I speak it knowingly) by the learnedst of the Reformed Churches abroad: and lastly, a government under which (till these late years) this Church hath so flourished, so fructified, that such a government, such a function, should at the fag end of 1640. years be found to have such a close Devil in it, as no power can Exercise, no Law Restrain, appears (Sir) to me a thing very improbable: I profess, I am deceived Sir, if Triennial Parliaments will not be a Circle able to keep many a worse Devil in order. For the second, I know not the strength of other men's fancies, but I will confess unto you ingenuously the weakness of my faith in the point, that I do not believe there can any other government be proposed, but will in time be subject to as great or greater inconveniences than Episcopacy, I mean Episcopacy so ordered, reduced, and limited, as I suppose it may be by firm and solid Boundaries. 'tis true Sir, we cannot so well judge beforehand of future inconveniences, for the knowledge of the faults and mischiefs of Episcopal government, resulting from fresh and bleeding experience. And the insight into dangers of any new way that shall be proposed being to rise only from speculation, the apprehension of the one is likely to be much more operative than of the other, though perhaps in just reason it ought to be the weaker with us, it is hard in such cases for us to preserve an equal and unpropense judgement; since being in things of this world so much too hard for faith and contemplation, yet as Divine as our inspection is into things not experimented, if we harken to those that would quite extirpate Episcopacy; I am confident that in stead of every Bishops we put down in a Diocese, we shall set up a Pope in every Pari●h. Lastly, Mr. Speaker, whether the subversion of Episcopacy, and the introducing of another kind of Government be practiceable, I leave it to those to judge who have considered the Connexion and Interweaving of the Church Government with the Common Law, to those who heard the King's Speech to us the other day, or who have looked into reason of state. For my part (though no Statesman) I will speak my mind freely in this. I do not think a King can put down Bishops totally with safety to Monarchy; not that there is any such alliance as men talk of 'twixt the Mitre and the Crown, but from this reason; that upon the putting down of Bishops, the Government of Assemblies is likely to succeed it, That (to be effectual) must draw to itself the supremacy of Ecclesiastical jurisdiction that (consequently) the power of Excommunicating Kings as well as any other brother in Christ, and if a King chance to be delivered over to Satan, judge whether men are likely to care much what becomes of him next. These things considered M. Speaker, let us lay aside all thoughts of such dangerous, such fundamental, such unaccomplished Alterations: and all thought of countenancing those thoughts in others; let us all resolve upon that course wherein (with union) we may probably promise ourselves success, happiness, and security, that is in a through Reformation. To that, no man's vote shall be given with more zeal, with more heartiness than mine. Let us not destroy Bishops, but make Bishops such as they were in the Primitive times. Do their large Terriories, their large Revenues offend? let them be retrencht, the good Bishops of Hippo had but a narrow Diocese. Do their Courts and subordinates offend? let them be brought to govern as in the Primitive times, by Assemblies of their Clergy. Doth their intermeddling in secular affairs offend? exclude them from the capacity, it is no more than what Reason, and all Antiquity hath interdicted them. That all this may be the better effected, M. Speaker my mottion is, that; First, we may appoint a Committee to collect all grievances springing from the misgovernment of the Church (to which the Minister's head of Government will be sufficient without countenancing this Petition by a Commitment) and to represent it to this house in a Body. And in the next place that we may (if it stand with the order of Parliaments) desire that there may be a standing Committee of certain members of both Houses, who (with a number of such learned Ministers as the Houses shall nominate for Assistants) may take into consideration all these grievances, and advise of the best way to settle peace and satisfaction in the Government of the Church, to the comfort of all good Christians, and all good Commonwealths Men. The Accusation and Impeachment of John LORD Finch, Baron of Fordwich, Lord Keeper of the Great Seal of England, by the House of COMMONS. IMprimis, That the said john Lord Finch, Baron of Fordwich, Lord Keeper, etc. hath traitorously, and wickedly, endeavoured to subvert the fundamental Laws, and established Government of the Realm of England, and in stead thereof to introduce an arbitrary tyrannical government against Law, which he hath declared by traitorous and wicked words, counsels, opinions, judgements, practices, and actions. II. That in pursuance of those his traitorous and wicked purposes, he did in the third and fourth year of his Majesty's reign, or one of them, being then Speaker of the Commons House of Parliament, contrary to the commands of the House then assembled, and sitting, denied and hindered the reading of some things which the said House of Commons required to be read for the safety of the King and Kingdom, & preservation of the Religion of this Realm; and did forbid all the members of the house to speak, and said, that if any did offer to speak, he would rise and go away, and said nothing should be then done in the house, and did offer to rise and go away, and did thereby and otherwise, in as much as in him lay, endeavour to subvert the ancient and undeubted rights and course of Parliaments. III. That he being of his Majesty's Council at the justice seat held for the County of Essex, in the month of October, in the tenth year of his now Majesty's reign, at Strafford Langton in the same County being then of his Majesty's Council, in that Service did practise by unlawful means, to enlarge the Forest of that County, many Miles beyond the known bounds thereof, as they had been enjoyed near 300 years, contrary to the Law. and to the Charter of the liberties of the Forest; and other Charters, and divers Acts of Parliament: and for effecting the same, did unlawfully cause and procure undue returns to be made of jurors, and great numbers of other persons who were unsworne, to be joined to them of the jury, and threatened and awed the said jurors to give a Verdict for the King, and by unlawful means did surprise the County, that they might not make Defence, and did use several menacing wicked Speeches and Actions, to the jury and others, for obtaining his unjust purpose aforesaid, and after a Verdict obtained for the King in the Month of April following (at which time the said justice Seat was called by adjournment) the said john Lord Finch then Lord Chief justice of his Majesty's Court of Common Pleas, and was one of the judge's assistants for them; he continued by further unlawful and unjust practices, to maintain and confirm the said verdict, and did then and there being assistant to the justice in Eyre, advise the refusal of the traverse offered by the County, and all their evidences, but only what they should verbally deliver, which was refused accordingly. iv That he, about the Month of November, 1635. he being then Lord Chief justice of the Common Pleas, and having taken an oath for the due administration of justice to his Majesty's Liege people, according to the Laws and statutes of the Realm, contrived in opinion in haec verba, (when the good and safety, etc.) and did subscribe his name to that opinion, and by persuasions, threats, and false suggestions, did solicit, and procure Sir john Bramstone Knight, then and now Lord Chief justice of England, Sir Humphrey Davenport Knight, Lord chief Baron of his Majesty's Court of Exchequer, Sir Richard Hutton Knight, late one of the justices of his Majesty's Court of Common Pleas, Sir john Denham Knight, late one of the Barons of his Majesty's Court of Exchequer, Sir William lones Knight, late one of the justices of the said Court of King's Bench, Sir George Crock, then and now one of the judges of the said Court of King's Bench, Sir Thomas Trevor Knight, then and now one of the Barons of the Exchequer, Sir George Vernon Knight, late one of the justices of the said Court of Common Pleas: Sir Robert Barkley Knight, then and now one of the justices of the said Court of King's Bench, Sir Francis Crawly Knight, then and now one of the Justices of the said Court of Common Pleas, Sir Richard Weston Knight, then and now one of the Barons of the said Court of Exchequer, some or one of them to subscribe, with their names the said opinion presently, and enjoined them severally some or one of them secrest upon their allegiance. V That he the fifth day of june, then being Lord Chief justice of the said Court of Common Pleas, subscribed an extrajudicial opinion in answer to questions in a letter from his Majesty, in haec verba, etc. And that he contrived the said questions, and procured the said Letter from his Majesty; and whereas the said justice Hutton and justice Crook declared to him their opinions to the contrary; yet he required and pressed them to subscribe, upon his promise that he would let his Majesty know the truth of their opinions; notwithstanding such subscriptions, which nevertheless he did not make known to his Majesty, but delivered the same to his Majesty, as the opinion of all the judges. VI That he being Lord Chief justice of the said Court of Common Pleas, delivered his opinion in the Chequer Chamber against Master Hampden in the case of Ship-money; that he the said Master Hampd●n upon the matter and substance of the case was chargeable with the money then in question: a Copy of which proceed the Commons will deliver to your Lordships, and did solicit and threaten the said sudges some or one of them to deliver their opinions in like manner against Master Hampden: and after the said Baron Denham had delivered his opinion for Master Hampden, the said Lord Finch repaired purposely to the said Baron denham's Chamber in Sergeants Inn in Fleetstreet, and after the said Master Baron Denham had declared and expressed his opinion, urged him to retract the said opinion, which he refusing, was threatened by the said Lord Finch, because he refused. VII. That he then being Lord chief Justice of the Court of Common Pleas, declared and published in the Exchequer Chamber, and western circuit where he went Judge, that the King's right to Ship-money, as aforesaid, was so inherent a right to the Crown, as an Act of Parliament could not take it away; and with divers malicious speeches inveighed against, and threatened all such as refused to pay Ship-money; all which opinions contained in the four, five, & sixth Articles, are against the Law of the Realm, the Subjects right of property, and contrary to former resolutions in Parliament, and to the petition of right: which said resolutions and petition of right, were well known to him, and resolved and enacted in Parliament, when he was Speaker of the Commons house of Parliament. VIII. That he being Lord chief Justice of the Court of Common Pleas, did take the general practice of that Court to his private Chamber; and that he sent warrants into all or many shires of England to several men, as to Francis Giles of the County of Devon, Rebert Renson of the County of York, Attorneys of that Court, and to divers others, to release all persons arrested on any utlawry about 40. shillings fees, whereas none by Law so arrested, can be bailed or released without Supersedeas under seal or reversal. IX. That he being Lord Chief justice of the Court of Common pleas, upon a pretended suit begun in Michaelmas Term, in the 11. year of his Majesty's Reign, although there was no plaint or Declaration against him, did notoriously and contrary to all Law and justice, by threats, menaces, and imprisonment, compel Thomas Laurence, an Executor, to pay 19 pound 12 shillings, and likewise caused Richard Bernard, being only overseer of the last Will of that Testator, to be arrested for the payment of the said Money, contrary to the advice of the rest of the judges of that Court, and against th● known and ordinary course of justice, and his said Oath and knowledge, and denied his Majesty's Subjects the common and ordinary justice of this Realm, as to Mr. Li●●rick, and others, and for his private benefit endamaged and ruined the estates of very many of his Majesty's Subjects, contrary to his oath and knowledge. X. That he being Lord Keeper of the great Seal of England, and sworn one of his Majesty's Privy Counsel, did by false and malicious slanders labour to incense his Majesty against Parliaments, and did frame and advise the publishing the Declaration after the dissolution of the last Parliament. All which Treasons and misdemeanours above mentioned, were done and committed by the said john Lord Finch Baron of Fordwich, Lord Keeper of the great Seal of England, and thereby he the aforesaid Finch hath traitorously, and contrary to his allegiance laboured to lay Imputations and Scandals upon his Majesty's government, and to alienate the hearts of his Majesty's liege people from his Majesty, and to set a division between them, and to ruin and destroy his Majesty's Realm of England, for which they do impeach him the said Lord Finch, Baron of Fordwich, Lord Keeper of the Great Seal of England, of high Treason against our Sovereign Lord the King, his Crown and Dignity, of the misdemeanours above mentioned. And the said Commons by Protestation, saving to themselves the liberty of exhibiting at any time hereafter, any other accusation or impeachmens against the said Lord Finch, and also of replying to the answer, that the said john Lord Finch shall make unto the said Articles or to any of them, and of affering proof of the premises, or any of their impeachments or accusations that shall be exhibited by them, as the case shall according to the course of Parliaments require, do pray, that the said john Lord Finch, Baron of Ford which, Lord Keeper of the Great Seal of England, may be put to answer to all and every of the premises, and such proceed, examinations, trials, and judgements, as may be upon every of them, bad and used, as is agreeable to Law and justice.. The Lord faulkland's second Speech: Made the 14. of January, after the reading of the Articles against the Lord FINCH. THese Articles against my Lord Finch being read, I may be bold to apply that of the Poet, Nil refert tales versus qua voce legantur; and I doubt not but your Lordships must be of the same opinion, of which the House of Commons appears to have been, by the choice they have made of me, that the charge I have brought is such, as needs no assistance from the bringer, leaving not so much as the colour of a colour for any defence, including all possible evidence, and all possible aggravation (that addition alone excepted) which he alone could make, and hath made; I mean his Confession, Included in his flight. Here are many and mighty Crimes, Crimes of Supererogation, (So that high Treason is but a part of his Charge) pursuing him fervently in every several condition, (being a silent Speaker, an unjust judge, and an unconscionable Keeper.) That his life appears a perpetual Warfare, (by Mines, and by Battery, by Batteil, and by Stratagem) against our fundamental Laws (which by his own confession) several Conquests had left untouched, against the excellent constitution of this Kingdom, which hath made it appear unto strangers rather an Idea, than a real Commonwealth, and produced the honour and happiness of this to be a wonder of every other Nation, and this wi●h unfortunate success, that as he always intended to make our Ruins a ground of his advancement; so his advancement the means of our further ruin. After that, contrary to the further end of his place, and the end of that meeting in which he held his place, he had as it were gagged the Commonwealth, taking away, (to his power) all power of Speech from that body, of which he ought to have been the Mouth, and which alone can perfectly represent the condition of the people, whom that only represent, which if he had not done, in all probability, what so grave and judicious an Assembly might have offered to the consideration of so gracious and just a Prince, had occasioned the redress of the grievances they then suffered, and prevented those which we have since endured, according to the ancient Maxim of Odisse quos laeferis: he pursued this offence towards the Parliament, by inveighing against the Members by scandalising their proceed by trampling upon their Acts and Declarations, by usurping and devolving the right by diminishing & abrogating the power, both of that & other Parliaments & making them (as much as in him say) both useless and odious to his Majesty, and pursued his hatred to this fountain of justice by corrupting the streams of it, the Laws; and perverting the Conduit Pipes, the judges: He practised the annibilating of Ancient, and Notorious perambulations of particular Forests, the better to prepare himself to annihilate the Ancient, and Notorious perambulation of the whole Kingdom, the meres and bounders between the liberties of the Subject and Sovereign power; he endeavoured to have all tenors in durante bene placito, to bring all Law from his Majesty's Courts, into his Majesty's breast he gave our goods to the King our lands to the Deer, our liberties to his Sheriffs; so that there was no way by which we had not been oppressed, and destroyed, if the power of this person had been equal with his will: Or that the will of his Majesty had been equal to his power. He not only by this means made us liable to all the effect of an Invasion from within (and by destruction of our Liberties, which included the destruction of our propriety, which included the destruction of our Industry) made us liable to the terriblest of all Invasions, that of want and poverty. So that if what he plotted had taken Root (and he made it, as sure as his Declaration could make it (what himself was not) Parliament proof) in this wealthy and happy Kingdom, there could have been left, no abundance but of grievances, and discontentment, no satisfaction but amongst the guilty. It is generally observed of the plague, that the infection of others, is an earnest, and constant desire of all that are seized by it: and as this design resembles that disease, in the ruin, destruction, and desolation, it would have wrought so it seems no less like it in this effect: he having so laboured to make others share in that guilt, that his solicitation, was not only his action, but his works, making use both of his Authority, his Interest, and Importunity, to persuade; and in his Majesty's Name (whose Piety is known to give that Excellent prerogative to his person, that the Law gives to his place, not to be able to do wrong) to threaten the rest of the judges, to sign opinions contrary to Law, to assign answers contrary to their opinions, to give judgement which they ought not to have given, and to recant judgement, when they had given as they ought, so that whosoever considers his care of, and concernment, both in the growth and the immortality of this project, cannot but by the same way by which the wisest judgement found the true mother of the Child, discover him not only to have been the Fosterer but the Father of this most pernicious and envious design. I shall not need to observe, that this was plotted and pursued by an English man against England, (which increaseth the Crime in no less degree than parricide is beyond Murder) that this was done in the greatest matter joined to the greatest Bond, being against the general liberty, and public propriety, by a sworn judge (and if that salt itself, because unsavoury, the Gospel itself hath designed whither it must be cast) that he poisoned our very Antidotes, and turned our Guard into a destruction, making Law the ground of illegality: that he used this Law not only against us, but against itself, making it as I may say, Felo de se, making the pretence, (for I can scarce say, the appearance of it) so to contribute the utter ruin of itself. I shall not need to say, that either this (or more can be) of the highest kind, and in the highest degree of Parliamentary Treason, a Treason which need not a computation of many several actions, which alone were not Treason, to prove a Treason altogether, and by that demonstration of the intention, to make that formality Treason which were materially but a misdemeanour, a Treason as well against the King, as against the Kingdom, for whatsoever is against the whole, is undoubtedly against the head, which takes from his Majesty the ground of his Rule, the Laws, (for if foundations be destroyed, the Pinnacles are most endangered) which takes from his Majesty the principal honour of his Rule, the Ruling over Freemen, a power as much Nobler than over villains, as that is that's over beasts) which endeavoured to take from his Majesty the principal support of his Rule, their hearts and affections over whom he rules (a better and surer strength and wall to the King, than the Sea is to the Kingdom) and by begetting a mutual distrust, and by that a mutual disaffection between them, to hazard the danger even of the destruction of both. My Lords, I shall the less need to press this, because as it were unreasonable in any case to suspect your justice, so here especially, where your interest so nearly unites you, your great share in possessions, giving you an equal concernment in propriety, the care and pains used by your Noble Ancestors in the founding and asserting of our conmon Liberties, rendering the just defence of them, your most proper and peculiar inheritance, and both exciting to oppose and extirpate all such designs as did introduce, and would have set led an Arbitrary, that is, an intolerable form of Government, and have made even your Lordships and your posterity but Right Honourarable slaves. My Lords, I will spend no more words, Luctando cum larva, in accusing the Ghost of a departed person, whom his Crimes accuse more than I can do; and his absence accuseth no less than his Crime. Neither will I excuse the length of what I have said, because I cannot add to an Excuse, without adding to the Fault, or my own imperfections, either in the matter or manner of it, which I know must appear the greater, by being compared with that learned Gentleman's great ability, who hath precoded me at this time: I will only desire by the Command, and in the behalf of the House of Commons, that these proceed against the Lord Finch, may be put in so speedy away of dispatch, as in such cases the course of Parliament will allow. The first Speech made by Sir Edward Deering, in the house of Commons. Mr. Speaker. YEsterday, the affairs of this House did borrow all the time allotted to the great Committee of Religion; I am sorry that (having but half a day in a whole week) we have lost that. Mr. Speaker, The sufferings that we have undergone, are reduceable to two heads: The first concerning the Church: The second belonging to the Commonwealth. The first of these must have the first fruits of the Parliament, as being the first in weight and worth, and more immediately to the honour of God, and his Glory, every dram whereof, is worth the whole weight of a Kingdom. The Commonwealth (it is true) is full of apparent dangers, the Sword is come home unto us, and two Twinned Nations, united together under one regal Head, Brethren together in the Bowels and Bosom of the same Island, and which is above all, is imbanded together in the same Religion, (I say in the same Religion) by a devilish Machination, like to be fatally embrued in each others blood, ready to dig each others Graves, Quantillum abfuit. For other grievances also, the poor dishearted Suject sadly grieves, not able to distinguish between Power and Law, and with a weeping heart (no question) hath long prayed for this hour in hope to be relieved; and to know hereafter whether any thing he hath (besides his poor part and portion of the common Air he breatheth) may be truly called his own. These Mr. Speaker, and many other, do deserve, and must shortly have our deep regards, but suo gradis. Now in the first place there is a unum necessarium, above all our worldly sufferings and dangers; Religion, the immediate Service due unto Almighty God; and herein let us all be confident, that all our consultations will be unprosperous, if we put any determination before that of Religion. For my part, let the Sword reach from the North to the South, and a general perdition of all our remaining rights threaten us in an open view, it shall be so fare from making me to decline the first settling of Religion, that I shall ever argue, and rather conclude it thus: That the more great and eminent our perils of this World are, the stronger and quicker ought our care to be for the glory of God, and the pure Law of our Souls. If then, Mr. Speaker, it may pass with full allowance, that all our cares may give way unto the Treaty of Religion, I will reduce that also unto two heads: First of Ecclesiastical persons; Then of Ecclesiastical Causes: Let no man start or be affrighted at the imagined length of this Consultation; it will not, it cannot take up so much Time as it is worth, This is God and the Kings, God and the Kingdoms, nay this is God and the two Kingdom's cause. And therefore, Mr. Speaker, my humble motion is, that we may all of us, seriously, speedily, and hearty enter upon this, the best and the greatest, and the most important cause we can treat on. Now, Mr. Speaker, in pursuit of mine own motion, and to make a little entrance into these great Affairs, I will present unto you the Petition of a poor distressed Minister in the Cou●ty of Kent, a man conformable in his practice, Orthodox in his Doctrine, laborious in his Ministry, as any we have or I do know, He is now a sufferer (as all good men are) under the general obloquy of a Puritan, as with other things was admirably delivered by that silver Trumpet at the Bar, the Pursuivant watched his door, and divides him and his Cure asunder to both their griefs; for it is not with him as perhaps with some, that set the Pursuivant at work, glad of an excuse to be out of th● Pulpit, it is his delight to Preach. About a week since I went over to Lambeth to move that great Bishop (too great indeed) to take this danger from off this Minister and recall the Pursuivant: And withal did undertake for Mr. Wilson (for so is your Petitioner called) that he should answer his Accusers in any of the King's Courts a● Westminster: The Bishop made me this answer in His verbis, I am sure that he will not absent from his Cure a Twelvemonth together, and then I doubt not but once in a year we shall have him. This was all that I could obtain, but I hope (by the help of this House) before this year of threats-be run out, his Grace will either have more Grace, or no Grace at all. For our griefs are manifold, and do fill a mighty and vast Circumference, yet so that from every part, our lines of sorrow do lead unto him, and point at him, as the Centre from whence our miseries do grow. Let the Petition be read, and let us enter upon the work. The second Speech of Sir Edward Deering. Mr. Speaker, YOu have many private particular Petitions, give me leave by word of mouth to interpose one more general, which thus you may receive: Gods true Religion is violently invaded by two seeming enemies, but indeed they are like Herod and Pilate, fast friends for the destruction of truth: I mean the Papists for the one part, and our Prelating Faction for the other; between these two in their several progress, I observe the concurrence of some few parallels, fit as I conceive to be represented to this Honourable House. First, with the Papists there is a severe Inquisition, and with us (as it is used) there is a bitter High Commission, both these Contra fas & in's are judges in their own case: yet herein their Inquisitors are better than our High Commistio●ers, they (for aught I ever heard) do not (Savir● in suos) punish for delinquents and offenders, such as profess and practise Religion, according as it is established by the Laws of the Land where they live. But with us, how many poor distressed Ministers? nay how many scores of them in a few years past, have been suspended, degraded, and excommunicated? not guilty of the breach of any established Laws: The Petitions of many are here with us, more are coming, all their prayers are in Heaven for redress: Down therefore with these Money-changers; They do confess Commutation of Penance, and I may therefore most justly call them so. Secondly, with the Papists there is a Mysterious Artifice, I mean their Index Expurgatorius, whereby they clip the tongues of such witnesses whose evidence they do not like: To these I parallel our late Imprimators, Licensers for the Press, so handled, that truth is suppressed and popish Pamphlets fly abroad Cum privilegio, witness the audacious Libels against true Religion, written by Cousins, D we, Heylin, Pocklington, Mead, Shelford, Swan, Roberts, and many more, I name no Bishops, but I add, etc. Nay, they are already grown so bold in this new trade, that the most learned Labourers of our ancient and best divines, must be new corrected, and defaced with a Delineatur, by the supercilious pen of my Lords young Chaplain, fit perhaps for the Technicall Arts, but unfit to hold the Chair for Divinity. But herein the Roman Index is better than our English Licences, they thereby do prove the current of their own established Doctrines, a point of wisdom; but with us our Innovators by this Artifice do alter our settled Doctrines, nay they do subinduce points repugnant and contrary: and this I do affirm upon myself to prove. One parallel I have more, and that is this: Amongst the Papists there is one acknowledged Pope, supreme in honour over all, and in power, from whose judgement there is no appeal: I confess Mr. Speaker, I cannot altogether match a Pope with a Pope, yet one of the ancient Titles of our English Primate, was Alterius orbis Papa, but thus fare I can go (ex ore suo) it i● in Print; he pleads fair for a patriarchal, and for such a one whose judgement (he before hand professeth) ought to be final, and then I am sure it ought to be unerring; put these two together, and you shall find that the final determination of a Patriarch, will want very little of a Pope, and then we may say, Munato nomine de te fabula narratur: he pleadeth Popeship, under the name of a Patriarch, and I much fear the end and top of his patriarchal plea, may be as that of Cardinal Poole, his Predecessor, who would have two heads, one Caput Regale, the other Caput Sacerdotale, a proud parallel to set up the Mitre above the Crown. But herein I shall be free and clear, if one there must be, be it a Pope, be it a Patriarch, this I resolve upon for mine own choice, Procul a love, procul a fulmine, I had rather serve one as far as Tiber, then to have him come to me so near as the Thames, a Pope at Rome will do me less hurt, than a Patriarch may do at Lambeth. I have done, and for this third parallel, I submit it to the wisdom and consideration of this grave Committee for Religion: In the mean time I do ground my Motion upon the former two, and it is this in brief. That you would be pleased to select a sub-Committee of 4.6.8.9. or 10. at the most, and to empower them for the discovery of the great numbers of oppressed Ministers, under the Bishop's tyranny for these ten years last passed, we have the complaints of some, but more are silent, some are patiented and will not complain, others are fearful and dare not, many dead, and many beyond the Seas, and cannot complain. And in the second place, that the sub-Committee may examine the Printers, what Books by bad licence have been corruptly issued forth. And what good Books have been (like good Ministers) silenced, clipped, or cropped. The work I conceive, will not be difficult, but will quickly return into your hands full of weight. And this is my Motion. The third Speech of Sir Edward Deering. Mr. Speaker, THis Morning is designed for the consideration of the late Canons, and the former; and of that which the Clergy have miscalled a benevolence; I shall for the present, only touch the first of them, and that is the Roman Velites, wht did use to begin the Battle: so shall I but valitande, and skirmish, whilst the main Battle is setting forwards. The Pope as they say, hath a triple Crown, answerable thereunto, and to support it, he pretendeth to have a threefold Law. 1. The first that is Ius divinum, Episcopacy by Divine Right: and this he would have you think to be the Crown next his head, which doth circle and secure his power, our Bishops have in an unlucky time entered their Plea, and presented their title to this Crown, Episcopacy by Divine Right. 2 The second is Ius humanum Constantii donativum the gift of Indulgent Princes temporal power; this Law belongs to his second or middle Crown, this is already pleaded for, by our Prelates in print. 3. These two Crown being already obtained, The Pope claims, and makes the third himself, and sets it highest upon the top: This Crown also hath its Law, and that is Ius Canonicum: This Canon Law is of more use unto his Popeship (if once admitted) than both the other. Just so our Prelates from the pretended Divinity of their Episcopacy, and from the temporal power granted them by our Princes, would now obtrude a new Canon Law upon us: They have charged the Canons to the full, and never fearing they would requoyle into a Parliament, they have rammed a prodigious and ungodly Oath into them: the illegality and invalidity of these Canons, is manifested by one short question, (viz.) what do you call the meeting wherein they were made? Mr. Speaker, who can frame an argument aright, unless 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; unless they would unriddle themselves, and own what they were, we may prosecute non-concludent Arguments. Mr. Speaker, I have conferred with some of the Founders of those Canons, but I profess here, that I could never meet with any one of that assembly, who could well answer to that first question of the Catechism, What is your name? Alas, they were parted before they knew what they were, when they were together. The sum of all the several answers that I have received, do all together amount unto this: They were a Convocationall, Synodical Assembly of Commissioners; Indeed a threefold Chaemera, a Monster to our Laws, 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, Canon's Lambethae formari priusquam in Synod ventilentur? Well Mr. Speaker, they have Innovated upon us; we may say, it is Lex talionis to Innovate upon them, and so I hope we shortly shall do. In the mean time, my humble motion is, that every member of that assembly, who voted their Cannons, may come severally to the Bar of this House, with a Book of Cannons in his hand and there unless he can answer that Catechism question, as I called it, better than I expect he can, conceptis verbis, in such express terms as this honourable house shall then think fit, he shall abjure his own Issue, and be commanded to give fire to his own Canons. And this motion I take to be just. The fourth Speech of Sir Edward Deering. Concerning the Archbishop, and divers other Grievances. Mr. Speaker, YEsterday we did regulate the most important business before us: and gave them motion, so that our great and weighty affairs, are now on their feet in their progress, journeying on towards their several periods, where some I hope will find their latest home. Yet among all these I observe one, a very main one, to sleep sine die: give me leave to awaken it; it is a business of an immense weight, and worth; such as deserves our best care, and most severe circumspection. I mean 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 clearly profess, that a great part of it, nay the greatest part thereof, is so well grounded, that my heart goes cheerfully along therewith. It seems that my Country (for which I have the honour to serve) is of the same mind, and lest you should think that all faults are included within the walls of Troy, they will show you, Iliacoes intra muros peccatur, & extrae. The same grievances which the City groans under, are provincial unto us, and I much fear they are Nationall among us all. The pride, the avarice the ambition, and oppression, by our ruling Clergy is Epidemical, it hath infected them all. There is not any, or scarce any of them, who is not practical in their own great cause in hand, which they impiously do miscall, 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 entreated. The number of your Petitioners is considerable, being above five and twenty hundred names, and would have been four times as many, if that were thought material. The matter in the Petition is of high import: but your Petitioners themselves are all of them quiet and silent at their own houses, humbly expecting and praying the resolution of this great Senate, upon these their earnest and thrice hearty desires. Here is no noise, no numbers at your door: they will be neither your trouble nor your jealousy; for I do not know of any one of them this day in the town: so much they do affy in the justice of their Petition, and in the goodness of this house. If now you want any of them here to make avowance of their Petition, I am their servant. I do appear for them, and for myself, and am ready to avow this Petition in their names, and in my own. 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 mind still; and therefore do now rise up against the proposal of that question which is now called for; Whether Episcopacy itself be to be taken into consideration by the Committee: wherein I do 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 sense is to be taken into consideration as a thing that trencheth not only upon the right and liberties of the Subject; of which I shall have occasion to speak hereafter. But as it is now, it trencheth upon the Crown of England in these four particulars, wherein in I know, this House will willingly hear me, First, it is maintained by the Bishop of Exeter in a Book which he hath writ to this purpose, that Episcopacy itself both in the office and in the jurisdiction is de jure Divino, of Divine right; which position is directly contrary to the Laws 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 Prelacy by the Kings of England and their Progenitors. Which likewise appears by the first Chapter in Magna Charta, in these words, Concessimus Deo & Ecclesiae Anglicanae omnes libertates, etc. and in the twenty fifth year of Edward the third, in the French Roll which I have seen, there the Archbishop and Clergy petition the King for their liberties, in these words, thus Englished, That for the reverence of God and holy Church, and of his grace and bounty, he will confirm all those liberties, privileges, and rights, granted and given by him and his noble Progenitors, to the Church by their Charters: which plainly showeth, that they have their Episcopal Jurisdiction from the Kings of England, and not jure divino, by divine right: and this likewise is acknowledged by themselves in the Statute of 37. H. 8. cap. 17. that they have their Episcopal jurisdiction, and all other Ecclesiastical jurisdiction whatsoever solely and only, by, from, and under the King. The second thing that is trenching upon the Crown, is this, that it is holden at this day, that Episcopacy is inseparable to the Crown of England; and therefore it is commonly now said, No Bishop, no King: no Mitre, no Sceptre: which I utterly deny; for it is plain and apparent, that the Kings of England were long before Bishops, and have a subsistence without them, and have done, and may still depose them. The third is likewise considerable, as trenching upon the Crown, which is that was said under the Gallery, that Episcopacy was a third estate in Parliament, and therefore the King and Parliament could not be without them. This I utterly deny, for there are three estates without them, as namely, the King, who is the first estate; the Lords Temporal the second, and the Commons the third; and I know no fourth estate. Besides, the Kings of England have had many Parliaments, wherein there have been no Bishops at all: as for example, Ed. 1.24 of his reign held his Parliament at Edmundbury, excluso Clero; and in the Parliament 7. R. 2. c. 3. & 7. R. 2. c. 12. it doth appear, that they were enacted by the King, with the assent and agreement of the Lords Temporal, and Commons, where the estates of Parliamen are mentioned, and not the Clergy. Divers other statutes might likewise be named to this purpose, which I omit. The fourth and last thing is of the Bishops holding of the Ecclesiastical Courts in their own names, and not in the name of the King, nor by Commission from him, contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Bishop Ridley, Coverdale, and Ponnet, who took Commissions from the KING for holding their Ecclesiastical Courts, as may be seen at this day in the Rolls. And although it will be objected, that by a late Proclamation, in the year of our Lord God, 1637. wherein the opinion of the judges mentioned, it is declared upon their opinion, that the act of 1 Edw. 6. was repealed, and that Bishops may now keep Courts in their own names, and send process under their own Seals; yet it is well known, that the Statute of 1 Q. Marry, which repealed the Statute of 1 Ed. 6. was itself repealed by the Statute of 1 jac. cap 25. Whereupon it was holden upon a full debate of this point in Parliament, 7 jac. which I have seen that upon consideration of the Statutes of 1 jac. and 1. Eliz. cap 1. and 8 Eliz. cap. 1. that the Statute of 1 Ed. 6. was revived▪ and that Bishops ought not to keep Courts in their own names: So that for these reasons so nearly concerning the right of the Crown of England in the point of Episcopacy, I am against the proposal of that question, and am for the retaining of the London Petition, and for a thorough Reformation of all abuses, and grievances of Episcopacy mentioned in the Minister's Remonstrance, which Reformation may perhaps serve the turn without alteration of the Government of England, into a form of Presbytery, as it is in other Kingdoms of Scotland, France, Gen●va, and the Low Countries, which for mine own part, had I lived in these Kingdoms, I should have been of the opinion of the Protestant party in point of Presbytery, because those Kingdoms are governed by the Civil Law, which maintains the jurisdiction of the Pope and Papal Episcopacy, which the ancient Laws of England condemn, being likewise in themselves opposite to the Civil and Canon Laws. And if notwithstanding all the Reformation that can be made by the Laws of this Land, a better form of government may evidently appear to us, concerning which there is no form now before us; it is to be taken by us into consideration, according to that imperial Constitution in these words, In rebus nobis constituendis evidens utilitas esse debet, ut ab eo jure recedatur quod diu aequum visum est. And so Mr. Speaker, I shortly conclude, that for these Reasons, omitting divers more, the London Petition is to be retained. The Speeches of Sir Benjamin Rudyer in the High Court of Parliament. Mr. Speaker, We are here assembled to do God's business and the Kings, in which our own is included, as we are Christians, as we are Subjects. Let us first fear GOD▪ then shall we honour the King the more: for I am afraid we have been the less prosperous in Parliaments, because we have preferred other matters before Him. Let Religion be our Primum Quarite, for all things else, are but Etcaetera's to it; yet we may have them too, sooner and surer, if we give God his precedence. We well know what disturbance hath been brought upon the Church, for vain petty trifles. How the whole Church, the whole Kingdom hath been troubled, where to place a Metaphor, an Altar. We have seen Ministers, their Wives, Children, and Families undone, against Law, against Conscience, against all Bowels of Compassion, about not dancing upon Sundays. What do these sort of men think will become of themselves, when the Master of the house shall come, and find them thus beating their fellow servants? These Inventions were but Sives made of purpose to winnow the best men, and that's the Devil's occupation. They have a mind to worry preaching, for I never yet heard of any, but diligent preachers that were vexed with these and the like devices. They despise prophesy, and as one said, They would feign be at something were like the Mass, that will not by't. A muzzled Religion. They would evaporate and dis-spirit the power and vigour of Religion, by drawing it out into solemn, specious formalities, into obsolete, antiquated Ceremonies, new furbished up. And this (belike) is the good work in hand, which Dr. Heylin hath so often celebrated in his bold Pamphlets. All their Acts, and actions are so full of mixtures, involutions and complications, as nothing is clear, nothing sincere in any of their proceed: Let them not say, that these are the perverse suspicious malicious interpretations of some few factious Spirits amongst us, when a Romanist hath bragged, and congratulated in print, That the face of our Church gins to alter, the Language of our Religion to change. And Sancta Clara hath published, That if a Synod were held, Non intermixtis Puritanis, setting Puritans aside, our Articles and their Religion would soon be agreed. They have so brought it to pass, that under the name of Puritans, all our Religion is branded, and under a few hard words against jesuites, all popery is countenanced. Whosoever squares his actions by any rule, either Divine or Humane, he is a Puritan. Whosoever would be governed by the King's Laws, he is a Puritan. He that will not do whatsoever other men would have him do, he is a Puritan. Their great work, their Masterpiece now is, To make all those of the Religion, to be the suspected party of the Kingdom. Let us further reflect upon the ill effect these Courts have wrought, what by a defection from us, on the one side, a separation on the other; Some imagining whither we are tending, made haste to turn, or declare themselves Papists before hand, thereby hoping to render themselves the more gracious, the more acceptable. A great multitude of the King's Subjects, striving to hold communion with us; but seeing how far we were gone, and searing how much further we wou●d go, were forced to fly the Land, some into other inhabited Countries, very many into Savago wildernesses, because the Land would not bear them. Do not they that cause these things cast a reproach upon the government? Mr. Speaker, let it be our principal care that these ways neither continue, nor return upon us. If we secure our Religion, we shall cut off and defeat many Plots that are now on foot by Them and Others. Believe it Sir, Religion hath been for a long time, and still is the great design upon this Kingdom. It is a known and practised principle, That they who would introduce another Religion into the Church, must first trouble and disorder the government of the State, that so they may work their ends, in a confusion which now lies at the door. I come next Mr. Speaker, to the King's business more particularly; which indeed is the Kingdoms, for one hath no existence▪ no being without the other, their relation is so near; yet some have strongly and subtly laboured a divorce, which hath been the very band both of King and Kingdom. When foundations are shaken, it is high time to look to the building. He hath no Heart, no Head, no Soul, that is not moved in his whole man, to look upon the distresses, the miseries of the Commonwealth, that is not forward in all that he is, and hath, to redress them in a right way. The King likewise is reduced to great straits, wherein it were undutifulness beyond inhumanity, to take advantage for him: let us rather make it an advantage for him, to do him best service when he hath most need. Not to seek our own good, but in Him, and with Him, else we shall commit the same crimes ourselves, which we must condemn in others. His Majesty hath clearly and freely put himself into the hands of this Parliament, and I presume, there is not a Man in this House, but feels himself advanced in this high trust; but if He prosper no better in our hands than he hath done in theirs, who have hitherto had the handling of his affairs, we shall for ever make ourselves unworthy of so gracious a confidence. I have often thought and said, that it must be some great extremity, that would recover and certify this state, and when th●t extremity did come, It would be a great hazard whether it might prove a remedy, or ruin. We are now Mr. Speaker upon that vertical turning point, and therefore it is no time to palliate, to foment our own undoing. Let us set upon the remedy, we must first know the Disease: But to discover the diseases of the State, is (according to some) to traduce the Government; yet others are of opinion, that this is the half way to the Cure. His Majesty is wiser than they that have advised him, and therefore he cannot but see and feel their subverting destructive Counsels, which speak louder than I can speak of them: for they ring a doleful deadly knell over the whole Kingdom. His Majesty best knows who they are: for us, let the Matters bolt out the men; their actions discover them. They are men that talk largely of the King's service, have done none but their own, and that's too evident. They speak highly of the King's power, but they have made it a miserable power, that produceth nothing but weakness, both to the King and Kingdom. They have exhausted the King's revenue to the bottom, nay through the bottom, and beyond. They have spent vast sums of money wastefully, fruitlessly, dangerously: So that more money without other Counsels will be but a swift undoing. They have always peremptorily pursued one obstinate pernicious course. First, they bring things to an extremity, than they make that extremity of their own making, the reason of their next action, seven times worse than the former, and there we are at this instant. They have almost spoiled the best instituted Government in the world, for Sovereignty in a King, liberty to the Subject; the proportionable temper of both which, makes the happiest state for power, for riches, for duration. They have unmannerly and slubbringly cast all their Projects, all their Machinations upon the King: which no wise or good Minister of State ever did, but would still take all harsh, distasteful things upon themselves, to clear, to sweeten their Master. They have not suffered his Majesty to appear unto his people, in his own native goodness. They have eclipsed him by their interposition: although gross condense bodies may obscure, and hinder the Sun from shining out, yet is he still the same in his own splendour. And when they are removed, all Creatures under him are directed by his light, comforted by his beams: But they have framed a superstitious seeming Maxim of State for their own turn; That if a King will suffer men to be torn from him, he shall never have any good service done him. When the plain truth is, that this is the surest way to preserve a King from having ill servants about him. And the Divine Truth likewise is, Take away the wicked from the King, and his Throne shall be established. Mr. Speaker, Now we see what the sores are in general: and when more particulars shall appear; let us be very careful to draw out the Cores of them; not to skin them over with a slight suppurating, f●string Cure, lest they break out again into a greater m schiefe; consider of it, consult and speak your mindes. It hath heretofore been boasted, That the King should never call a Parliament till he had no need of his people; These were words of Division, and malignity. The King must always according to his occasions, have use of his people's Power, Hearts, Hands, Purses. The People will always have need of the King's Clemency, justice, Protection. And this Reciprocation is the strongest, the sweetest union. It hath been said too of late; That a Parliament will take away more from the King, than they will give him. It may well be said, That those things which will fall away of themselves, will enable the Subject to give him more than can be taken any way else. Projects and Monopolies are but leaking Conduit-pipes; The Exchequer itself at the fullest, is but a Custom; and now a broken one; frequent Parliaments only are the Fountain: And I do not doubt but in this Parliament, as we shall be free in our advices, so shall we be the more free of our purses, that his Majesty may experimentally find the real difference of better Counsels, the true solid grounds of raising and establishing his Greatness, never to be brought again (by God's blessings) to such dangerous, such desperate perplexities. Mr. Speaker, I confess I have now gone in a way much against my Nature, and somewhat against my Custom heretofore used in this place. But the deplorable, dismal 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 man's ruin; I thank God, I neither hate any man's person, nor envy any man's fortune, only I am zealous of a thorough Reformation in a time that exacts, that extorts it. Which I humbly beseech this House may be done with as much lenity, as much moderation, as the public safety of the King and Kingdom 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 painful endeavours of my Lords, the Peers, Commissioners entreating with the Scots, in mediating with the King: whereby (God assisting) we are now probably drawing near to a blessed peace. His Majesty in his Wisdom and Goodness, is graciously pleased to give his royal assent to their Acts of Parliament, wherein the Articles of their Assembly are likewise included: Insomuch as their Religion, their Laws, their Liberties are ratified and established: Besides, their Grievances relieved, and redressed; For which We use to give the King Money, and are still ready to do 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 do 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 bear our own charges. Concerning mutual Restitution of Ships, and Goods, My Lords the Commissioners have very fairly and discreetly accommodated that particular already. As for inferentiall consequential damages, such a Representation would but minister unacceptable matter of Difference and Contestation, which amongst friends ought to be warily and wisely avoided. We could allege and truly too, That Northumberland, Newcastle, and the Bishopric, will not recover their former state these twenty years. We have heard it spoken here in this house, by an understanding knowing member in the particular, that the Coale-Mines of Newcastle will not be set right again for out hundred thousand pounds; besides the over-price of Co●les which all the while it hath, and will cast this City, and 〈◊〉 parts of the Kingdom. A great ●●ale more of this nature might be rehearsed; but I delight not to press such renter stretched Arguments. Let us on both sides rather thank God, by proceeding in the way he hath ●●●d before us, and not wry his way to ours. Time and his Blessing will repair all our implicit Damages, with many prosperous explicit advantages. They say that they do not make any formal demand; But they do make a sum to appear; five hundred and fourteen thousand pounds, more than 〈◊〉 gave the King at once. Aportentous Apparition! which shows itself in a very dry time, when the King's revenue is totally exhausted, his Debts excessively multiplied, the Kingdom generally impoverished, by grievous burdens, and disordered Courses: All this supply is to be drawn out of us only, without the least help from any of his Majesties other Dominions: which to my seeming will be an utter draining of the people; unless England be 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 hearty afford the Scots whatsoever is just, Equitable and Honourable, even to a convenient, considerable round sum of Money, towards their losses and expenses, That we may go 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 wisdom overmuch to trust a successful Sword. A man that walks upon a rising ground, the further he goes, the larger is his Prospect. Success enlarges men's desires, extends their ambition, it breeds thoughts in them they never thought before; This is natural and usual. But the Scots being truly touched with Religion, according to their profession, that only 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 wonderful Providence in this strange work, are so many, so apparent, as I cannot but hope almost to belief: That the same all-governing merciful hand, will conduct and lead us to a happy Conclusion, will contract a close● firmer union between the two Nations, than any mere humane Policy could ever have effected: which inestimable Ben fits to both, in advancing the truth of Religion, in exalting the greatness of the King, in securing the peace of his Kingdoms, against all Malicious, Envious, Ambitious opposites, to Religion, to the King, to his Kingdoms; wherein I presume, all our desires and prayers do meet. Another Speech of Sir Benjamin Rudyer in the High Court of Parliament. Mr. Speaker, I Do verily believe, that there are many of the Clergy in our Church, who do think the simplicity of the Gospel, too mean a vocation for them to serve in: They must have a specious, pompous, sumptuous Religion, with additionals of Temporal greatness, Authority, Negotiation: Notwithstanding, they all know better than I, what Fathers, Schoolmen, Counsels are against their mixing themselves in secular affairs. This Roman Ambition will at length bring in the Roman Religion, and at last a haughty insolence even against supreme power itself, if it be not timely and wisely pre●●nted. They have amongst them an Apothegm of their own making, which is, No Mitre, no Sceptre, when we know by dear experience, that if the Mitre be once in danger, they care not to throw the Sceptre after, to confound the whole Kingdom for their interest. And Histories will tell us, that whensoever the Clergy went high, Monarchy still went lower: If they could not make the Monarch the head of their own Faction, they would be sure to make him less: witness one example for all, The Pope's working the Emperor out of Italy. Some of ours, as soon as they are Bishops adepto fine, cessant Motus, They will preach no longer, their office then is to govern. But in my opinion they govern worse than they Preach, though they preach not at all; for we see to what pass their government hath brought us. In conformity to themselves, They silence others also, though Hierom in one of his Epistles saith, that even a Bishop, let him be of never so blameless a life, yet he doth more hurt by by his licence, than he can do good by his example. Mr. Speaker, It now behoves us, to restrain the Bishops to the duties of their Function, as they may never more hanker after heterogeneous extravagant employments: Not be so absolute, so single and solitary in actions of Moment, as Excommunication, Absolution, Ordination, and the like: but to join some of the Ministry with them, and further to regulate them according to the usage of Ancient Churches, in the best times, that by a well-tempered Government, they may not have power hereafter, to corrupt the Church, to undo the Kingdom. When they are thus circumscribed, and the public secured from their Eruptions, then shall not I grudge them a liberal plentiful subsistence: else I am sure they can nev●● be given to Hospitality. Although the calling of the Clergy be all glorious within, yet if they have not a large, considerable, outward support, they cannot be freed from vulgar Contempt. It will always be fit, that the flourishing of the Church should hold proportion with the flourishing of the Commonwealth, wherein it is. If we dwell in houses of Ceaar, why should they dwell in skins? And I hope, I shall never see a good Bishop left worse than a Parson without a Gleab. Certainly Sir, this superintendency of eminent men, Bishops over divers Churches, is the most Primitive, the most spreading, the most lasting Government of the Church. Wherefore whilst we are earnest to take away Innovations, let us beware we bring not in the greatest Innovation that ever was in England. I do very well know, what very many do very servently desire. But let us well bethink ourselves, whether a popular democratical Government of the Church (though fit for other places) will be either suitable or acceptable to a Regal, Monarchical Government of the State. Every man can say, (It is so common and known a Truth) that sudden and great changes both in natural and Politic bodies have dangerous operations: and give me leave to say, that we cannot presently see to the end of such a consequence, especially in so great a Kingdom as this, and where Episcopacy is so wrapped and involved in the Laws of it. Wherefore Mr. Speaker, my humble Motion is, that we may punish the present offenders, reduce and preserve the Calling for better men hereafter. Let us remember with fresh thankfulness to God, those glorious Martyr-Bishops who were burned for our Religion in the times of Popery, who by their learning, zeal, and constancy, upheld and conveyed it down to us. We have some good Bishops still, who do Preach every Lord's Day, and are therefore worthy of double honour; they have suffered enough already in the Disease: I shall be sorry we should make them suffer more in the Remedy. 〈…〉 A message delivered from the Commons to the Lords of the Upper House in Parliament, by Mr. Pym, Novemb. 11. 1640. My Lords: THe Knights, Citizens, and Burgesses, now assembled for the Commons in Parliament, have received information of divers traitorous designs and practices of a great Peer of this House; and by virtue of a command from them, I do here, in the name of the Commons now assembled in Parliament, and in the name of all the Commons of England, accuse Thomas Earl of Strafford, Lo. Lieutenant of Ireland, of high Treason: and they have commanded me further, to desire your Lordships that he may be sequestered from Parliament, and forthwith committed to prison. They have further commanded me, to let you know that they will within a very few day's resort to your Lordships, with the particular Articles and grounds of this accusation. And they do further desire, that your Lordships will think upon some convenient and fit way, that the passage betwixt England and Ireland, for his Majesty's subjects of both Kingdoms, may be free, notwithstanding any restraint to the contrary. The Lord Lieutenant being required to withdraw, and after a debate thereof called in, kneeled at the Bar, and after standing up, the L. Keeper spoke as followeth. My Lord of Strafford: THe House of Commons in their own name, and in the name of the whole Commons of England, have this day accused your Lordship to the Lords of the Higher House of Parliament of high treason. The articles they will within a very few days produce: In the mean time they have desired of my Lords, and may Lords have accordingly resolved, that your Lordship shall be committed to safe custody to the Gentleman Usher, and be sequestered from the House, till your Lordship shall clear yourself of the accusations that shall be laid against you. Articles of the Commons assembled in Parliament, against Thomas Earl of Strafford, in maintenance of his accusation, whereby he stands charged of High Treason. 1. THat he the said Thomas, Earl of Strafford, hath traitorously endeavoured to subvert the fundamental Laws and government of the Realms of England and Ireland, and in stead thereof to introduce on Arbitrary and Tyrannical Government against Law, which he hath declared by traitorous words, counsels, and actions, and by giving his Majesty advice, by force of Arms to compel his loyal Subjects to submit thereunto. 2. That he hath traitorously assumed to himself Regal power over the lives, liberties, persons, lands, and goods of his Majesty's Subjects in England and Ireland, and hath exercised the same tyrannically, to the subversion and undoing of many, both of Peers and others of his Majesty's Liege people. 3. That the better to enrich and enable himself to go thorough with his traitorous designs, he hath detained a great part of his Majesty's revenue, without giving legal account; and hath taken great sums out of the Exchequer, converting them to his own use, when his Majesty was necessitated for his own urgent occasions, and his Army had been a long time unpaid. 4. That he hath traitorously abused the power and authority of his government, to the increasing, countenancing, and encouraging of Papists, that so he might settle a mutual dependence and confidence betwixt himself and that party, and by their help prosecute, and accomplish his malicious and tyrannical designs. 5. That he hath maliciously endeavoured to stir up enmity and hostility between his Majesty's subjects of England, and those of Scotland. 6. That he hath traitorously broken the great trust reposed in him by his Majesty, of Lieutenant General of his Army, by wilfully betraying divers of his Majesty's Subjects to death, his Army to a dishonourable defeat by the Scots at Newborn, and the Town of Newcastle into their hands, to the end, that by the effusion of blood, by dishonour, and so great a loss of Newcastle, his Majesty's Realm of England might be engaged in a Nationall and irreconciliable quarrel with the Scots. 7. That to preserve himself from being questioned for those and other his traitorous courses, he laboured to subvert the right of Parliaments, and the ancient course of Parliamentary proceed, and by false and malicious slanders to incense his Majesty against Parliaments. By which words, counsels, and actions, he hath traitorously, and contrary to his allegiance, laboured to alienate the hearts of the King's Liege people from his Majesty, to set a division between them, and to ruin and destroy his Majesty's Kingdoms, for which they impeach him of high Treason against our Sovereign Lord the King, his Crown and dignity. 8. And he the said Earl of Strafford was Lord Deputy of Ireland, and Lieutenant General of the Army there, viz. His most excellent Majesty, for his Kingdoms both of England and Ireland, and the L. Precedent of the North, during the time that all and every the crimes and offences before set forth were done and committed, and he the said Earl was Lieutenant General of all his Majesty's army in the North parts of England, during the time that the crimes and offences in the fifth and sixth articles set forth were done and committed. 9 And the said Commons by protestations, saving to themselves the liberty of exhibiting at any time here after any other accusation or impeachment against the said Earl, and also of replying to the answers that he the said Earl shall make unto the said articles, or to any of them, and of offering proves also of the premises, or any of them, or any other impeachment or accusation that shall be exhibited by them, as the cause shall according to the course of Parliaments require, do pray that the said Earl may be put to answer for all and every the premises, that such proceed, examinations, trials, and judgements may be upon every of them had and used, as is agreeable to Law and justice. The further impeachment of Thomas Earl of Strafford by the Commons assembled in Parliament. 1640 WHereas the said Commons have already exhibited Articles against the said Earl formerly expressed etc. Now the said Commons do further impeach the said Earl as followeth, etc. 1. That he the said Earl of Strafford the 21. day of March, in the 8. year of his now Majesty's Reign, was precedent of the King's Counsel in the Northern parts of England. That the said Earl being precedent of the said Counsel on the 21. day of March a Commission under the great Seal of England, with certain Schedules of instructions thereunto annexed, was directed to the said Earl, or others the Commissioners therein named, whereby amongst other things power and authority is limited to the said Earl, and others the Commissioners therein named, to hear and determine all offences, and misdemeanours, suits, debates, controversies and demands, causes, things and matters, whatsoever therein contained, and within certain precincts in the said Northern parts therein specified, and in such manner as by the said Schedule is limited and appointed. That amongst other things in the said instructions, it is directed that the said Precedent and others therein appointed, shall hear and determine according to the course of proceed in the Court of Starchamber, divers offences, deceits, and falsities therein mentioned, whether the same be provided for by the Acts of Parliament, or not, so that the Fines imposed be not less then by Act or Acts of Parliament provided for by those offences is appointed That also amongst other things in the said instructions, it is directed that the said precedent and others therein appointed, have power to examine, hear, and determine, according to the course of proceed in the Court of Chancery, all manner of complaints for any matter within the said precincts, as well concerning lands, tenements, and hereditaments, either freehold, customary, or coppyholde, as Leases, and oter things therein mentioned, and to stay proceed in the Court of Common Law by Injunction, or otherwise, by all ways and means, as is used in the Court of Chancery. And although the former Precedents of the said Counsel had never put in practise such Instructions, nor ha● they any such Instructions, yet the said Earl in the moreth of May in the said 8. year, and divers years following, did put in practice, exercise, and use, and caused to be used and put in practise the said Commission and Instructions, and did direct and exercise an exorbitant and unlawful power and jurisdiction on the persons and estates of his Majesty's subjects in those parts, and did disin-herit divers of his Majesty's subjects in those parts of their inheritances, sequestered their possessions, and did fine, ransom punish and imprison them, and caused them to be fined, ransomed, punished and imprisoned, to their ruin and destruction and namely. Sir Conier Darcy, Sir john Bourcher and divers others against the Laws, and in subversion of the same. And the said Commission and Instructions were procured and issued by the advice of the said Earl. And he the said Earl, to the intent that such illegal & unjust power might be exercised with the greater licence and will did advise, Counsel, & procure further directions, in and by the said instructions to be given, tha n● prohibition he granted at all, but in cases where the said Counsel shall exceed the limits of the said instructions: And that if any Writ of Habeas Corpus be granted, the party be not discharged till the party perform the Decree and Order of the said Counsel. And the said Earl in the 13. year of his now Majesty's Reign, did procure a new Commission to himself and others therein appointed, with the said Instructions, and other unlawful additions. That the said Commission and Instructions were procured by the solicitation and advice of the said Earl of Strafford. 2. That shortly after the obtaining of the said Commission dated the 21 of March, in the 8 year of his now Majesty's Reign (to wit) the last day of August than next following, he the said Earl (to bring his Majesty's liege people into a dislike of his Majesty and of his Government, and to terrify the justices of the Peace from executing of the Laws: He the said Earl, being then Precedent, as aforesaid, and a justice of Peace) did publicly at the Assizes held for the County of York, in the City of York, in and upon the said last day of August, declare and publish before the people there attending for the administration of justice according to the Law, & (in the presence of the justices sitting; That some of the Justices were all for Law, but they should find that the King's little finger should be heavier than the loins of the Law. 3. That the Realm of Ireland having been time out of mind arm xed to the Imperial Crown of England, and governed by the same Laws: The said Earl being Lord Deputy of that Realm, to bring his Majesty's liege people of that Kingdom likewise into distike of his Majesty's government, and intending the subversion of the fundamental Laws and settled government of that Realm, and the distraction of his Majesty's liege people there, did upon the 30. day of September, in the ninth year of his now Majesty's Reign, in the City of Dublin (the chief City of that Kingdom, where his Majesty's privy Counsel, and Courts of justice do ordinarily reside, and whither the Nobility and Gentry of that Realm do usually resort for justice,) in a public Speech before divers of the N●bility and Gentry, and before the Major, Aldermen and Recorder, and many Citizens of Dublin, and other his Majesty's Liege people, declare and publish▪ that Ireland was a conquered Nation, and that the King might do with them what he pleased▪ and speaking of the Charters of the former Kings of England made to that City, he further said that their Charters were nothing worth, and did bind the King no further than he pleased. 4. That Richard Earl of Cork, having sued out process in course of Law for recovery of his possessions, from which he was put by colour of an order made by the said Earl of Strafford, and the Counsel Table of the said Realm of Ireland. The said Earl of Strafford, upon a paper petition without legal proceeding, did the 20 day of February, in the 11. year of his n●w Majesty's Reign, threaten the said Earl of Cork (being then a Peer of the said Realm) to imprison him, unless he would surcease his suit, and said, That he would have neither Law nor Lawyer's dispute or question any of his orders. And the 20. d●y of March in the said 11. year of the said Earl of Strafford, speaking of an order of the said Counsel Table of that Realm, in the time of King James, which concerned a Lease which the said Earl of Cork claimed in certain rectories or tithes which the said Earl of Cork alleged to be of no force, said, That he would make the said Earl, and all Ireland know, so long as he had the government there, any Act of State, there made or to be made, should be as binding to the Subjects of that Kingdom, as an Act of Parliament; And did question the said Earl of Cork in the Castle Chamber, upon pretence of the breach of the said order of Counsel Table, and did sundry other times, and upon sundry other occasions, by his words and speeches arrogate to himself a power above the fundementall Laws, and established Government of that Kingdom, and scorned the said Laws and established government. 5 That according to such his Declarations and Speeches, the said Earls of S r ffo●d did use and exercise a power above, ●nd against, and to the subversion of the said fundame tall Laws, and established government of the said Realm of Ireland, ex●ending such his power, to the goods, free holds, inheritances, liberties, and lives of his Majesty's Subjects in the said Realm. viz. The said Earl of Sir●fford the twelfth day of December, Anno Domini 1635. in the time of full peace, did in the said Realm of Ireland, give and procure to be given against the Lord Mount Norris (then and yet a Peer of Ireland, and then Vice-Treasurer and receiver general of the Realm of Ireland, and one of the principal Secretaries of State, and Keeper of the privy Signet of the said Kingdom, a sentence of death by a Council of war called together by the said Earl of Strafford, without any warrant or authority of Law, or offence deserving any such punishment. And he the said Earl did also at Dublin, within the said Realm of Ireland, in the Month of March, in the fourteenth year of his Majesty's Reign without any legal or due proceed or trial, give, or cause to be given, a sentence of death against one other of his Majesty's Subjects, whose name is yet unknown, and caused him to be put to death in execution of the said sentence. 6 That the said Earl of Strafford, without any legal proceed, and upon a paper Petition of Richard Ralstone, did cause the said Lord Mount-Norris to be disseized and put out of possession of his freehold and inheritance of his Manor and Tymore in the Country of Armagh, in the Kingdom of Ireland, the said Lord Mount-Norris having been two years before in quiet possession thereof. 7 That the said Earl of Strafford, in the Term● of holy Trinity, in the thirteenth year of his now Majesty's Reign, did cause a case, commonly called the case of Tenors upon defective Titles, to be made and drawn up without any ju●y or trial, or other legal process, and without the consent of parties, and did then procure the ludges of the said Realm of Ireland to deliver their opinions and resolutions to that case, and by colour of such opinion, did without any legal proceeding cause Th●mas Lord Dillon, a Pee●e of the said Realm of Ireland, to be put out of possession of divers Lands, and Tenements, being his freehold in the Country of Mago and Rosecomen, in the said Kingdom, and divers other of his Majesty's Subjects to be also put out of possession, & disseized of their free hold by colour of the same resolution, without legal proceed, whereby many hundreds of his Majesty's subjects were undone, and their families utterly ruinated. 8 That the said Earl of Strafford upon a Petition of Sir john Gifford Knight, the first day of February, in the said thirteenth year of his Majesty's reign, without any regal Process, made a Decree or Order against Adam Viscount Lofts of Elie, a Peer of the said Realm of Ireland, and L Chancellor of Ireland, & did cause the said Viscount to be imprisoned and kept close prisoner, on pretence of disobedience to the said Decree or order. And the said Earl without any authority, and contrary to his Commission, required and commanded the said Lord Viscount to yield unto him the great Seal of the Realm of Ireland, which was then in his custody, by his Majesty's command, and imprisoned the said Chancellor for not obeying such his command. And without any legal proceed, did in the same thirteenth year imprison George Earl of Kildare, a Peer of Ireland, against Law, thereby to enforce him to submit his Title to the Manor and Lordship of Castle Leigh in the Queen's County, (being of great yearly value) to the said Earl of strafford's will and pleasure, and kept him a year prisoner for the said cause, two months whereof he kept him close prisosoner, and refused to enlarge him, notwithstanding his Majesty's Letters for his enlargement to the said Earl of Strafford directed. And upon a Petition exhibited in October, 1635. by Thomas Hibbots, against dame Mary Hibbots' widow, to him the said Earl of Strafford, the said Earl of Strafford recommended the said Petition to the Counsel Table of Ireland, where the most part of the Counsel gave their vote and opinion for the said Lady, but the said Earl finding fault herewith, caused an order to be entered against the said Lady and threatened her that if she refused to submit thereunto, he would imprison her, and fine her five hundred pounds, that if the continued obstinate, he would continue her imprisonment, and dou●le her fine every month by month, whereof she was enforced to relinquish her estate in the land questioned in the said Petition, which shortly was conveyed to Sir Robert Meredith, to the use of the said Earl of Strafford. And the said Earl in like manner did imprison divers others of his Majesty's Subjects upon pretence of disobedience to his orders and decrees, and other illegal command by him made for pretended debts, titles of Lands, and other causes in an arbitrary and extrajudicial course upon Paper Petitions to him preferred, and no other cause legally depending. 9 That the said Earl of Strafford the sixteenth day of February, in the twelfth year of his now Majesty's Reign, assuming to himself a power above and against Law, took upon him by a general Warrant under his hand, to give power to the Lord Bishop of Down, and Connor his Chancellor, or Chancellors, to their several Offices thereto to be apppointed, to attach and arrest the Bodies of all such of the meaner and poorer sort, who after Citation should either refuse to appear before them, or appearing should omit, or deny to perform, or undergo all lawful Decrees, Sentences, and orders, issued, imposed, or given out against them, & them to commit and keep in the next Goal, until they should either perform such sentences, or put in sufficient Bail to show some reason before the Counsel Table, of such their contempt and neglect; and the said Earl, the day and year last mentioned, signed and issued a Warrant to that effect, and made the like Warrant to send to all other Bishops and their Chancellors in the said Realm of Ireland to the same effect. 10 That the said Earl of Strafford being Lord Lieutenant, or Deputy of Ireland, procured the Customs of the Merchandise exported out, and imported into that Realm to be firmed to his own use. And in the ninth year of his now Majesty's Reign, he having then interest in the said Customs (to advance his own gain and lucre) did cause and procure the native commodities of Ireland, to be rated in the book of Rates for the Customs (according to which the Customs were usually gathered) at fare greater values and prices than in truth they were worth (that is to say) every Hide at twenty shillings, which in truth was worth but five shillings, every stone of Wool at thirteen shillings fourpences, though the same ordinarily were worth but five shillings, at the utmost but nine shillings; by which means the Custom, which before was but a twentieth part of the true value of the commodity, was inhansed sometimes to a sift part, and sometimes to a fourth, and sometimes to a third part of the true value, to the great oppression of the Subjects, and decay of Merchandise. 11 That the said Earl, in the ninth year of his now Majesty's reign, did by his own will and pleasure, and for his own lucre restrain the exportation of the commodities of that Kingdom without his licence, as namely Pipe-staves, and other commodities, and then raised great sums of money for licensing of exportation of those Commo ities, and dispensation of the said restraints impose on them, by which means the Pipe-staves were raised from four pound ten shillings; or five pound per thousand to ten poun●, and sometimes eleven pound per thousand; and other commodities were enhanced in the like proportion, and by the same means by him the said Earl. 12 That the said Earl being Lord Deputy of Ireland, on the ninth day of january in the thirteenth year of his Majesty's Reign, ●id then under colour to Regulate the Importation of Tobacco into the said Realm of Ireland issue a Proclamation in his Majesty's Name, prohi iting the importation of Tobacco w● h●ut licence of him and the Counsel, there from an● after the first day of May, Anno Dom. 1638. after which restraint the said Earl, notwithstanding the said restraint, caused divers great quantities of Tobacco to be imported to his own use, and fraughted divers ships with Tobacco, which he imported to high own use: and that if any ship brought To acco into any Port there, the said Earl and his Agents used to buy the same to his own use, at their ow●e price. And ●f that the owners refused to let him have the same at undervalues than they were not permitted to vent the same: by which un we means, the Earl having gotten the whole Trade of Tobacco into his own hands, he sold it at great and excessive prizes, such as he l●st to impose for high own profit. And the more to assure the said Monopoly of Tobacco, he the said Earl on the th' ee and twentieth day of February, in the thirteenth year aforesaid, did issue another Proclamation, commanding that none should put to sale any To acco by wholesale, from and after the last day of May, than next following, but what should be made up into Rolls, and the same Sealed with two Seals by himself apppointed, one at each end of the Roll. And such was not sealed to be seized, appointing six pence the pound for a reward to such persons as should seize the same: and the persons in whose custody the unsealed Tobacco should be found, to be committed to Goal, which last Proclamation was covered by a pretence for the restraining of the seal of unwholesome Tobacco, but it was truly to advance the said Monopoly. Which Proclamation, the said Earl did rigorcusly put in execution, by seizing the goods, fining, imprisoning, whipping, and putting the offenders against the same Proclamation on the Pillory, as namely Barnaby Hubbard, Edward Covena, john Tumen, and divers others: and made the Officers of State, and justices of Peace, and other Officers to serve him in compassing and executing these unjust and undue courses, by which Cruelties and unjust Monopolies, the said Earl raised 100000 li. per annum gain to himself. And yet the said Earl though he enhanced the Customs, where it concerned the Merchants in general, yet drew down the impost formerly taken on Tobacco from six pence the pound to three pence the pound, it being for his own profit so to do. And the said Earl, by the same, and other rigorous and undue means, raised several other Monopolies and unlawful exactions for his own gain, viz. on Starch, Iron-pots, Glasses, Tobacco-pipes, and several other commodities. 13 That flax being one of the principal and native Commodities of that Kingdom of Ireland, the said Earl having gotten great quantities thereof into his hands, and growing on his own Lands, did issue out several Proclamations, viz. one dated the one and twentieth day of May, in the eleventh of his Majesty's reign, and the other dated the one and thirtieth day of January, in the same year, thereby prescribing and enjoining the working of Flax into Yearn and Thread, and the ordering of the same in such ways wherein the Natives of that Kingdom were unpractised and unskilful: which Proclamations so issued, were by his Commands and Warrants to his Majesty's Justices of Peace, and other officers, and by other rigorous means put in execution, and the Flax wrought or ordered in other manner than as the said Proclamation prescribed, was seized and employed to the use of him and his agents, and thereby the said Earl endeavoured to gain, and did gain in effect the sole sale of that native commodity. 15 That the said Earl of Strafford, by Proclamation dated the sixteenth of October, in the fourteenth year of his Majesty's Reign, did impose upon the Owners, Masters, Pursers, and Boat-swaines of every ship, a new and unlawful Oath, viz. that they (two or more of them) immediately after the arrival of any ship within any Port or Creek in the said Kingdom of Ireland, should give in a true invoyce of the outward bulk of Wares and Merchandises and number of goods, and the qualities and condition of the said goods, as fare as to them should be known, the names of the several Merchant's proprietours of the said goods, and the places from whence they were fraughted, and whither they were bound to discharge: which Proclamation was accordingly put in execution, and sundry persons enforced to take the said unlawful Oath. 15 That the said Earl of Strafford traitorously and wickedly devised and contrived by force of Arms in a warlike manner to subdue the subjects of the said Realm of Ireland, to bring them under his tyrannical power and will, and in pursuance of his wicked and traitorous purposes aforesaid, the said Earl of Strafford in the eighth year of his Majesty's reign, did by his own authority, without any warrant or colour of Law, tax and impose great sums of money upon the Towns of Baltemore, Bandenbridge, tallow, and divers other Towns and places in the said Realm of Ireland, and did cause the same to be levied upon the inhabitants of those Towns by troops of Soldiers, with force and arms, in a warlike manner. And on the ninth day of March, in the twelfth year of his now Majesty's Reign, traitorously did give authority unto Robert Savile, a Sarjeant at Arms, and to the Captains of the Companies of soldiers, in several parts of that Realm, to send such numbers of soldiers to lie on the lands and houses of such as would not conform to his orders until they should render obedience to his said orders and warrants, and after such submission (and not before) the said Soldiers to return to their Garrisons. And did also issue the like Warrants unto divers others, which Warrants were in warlike manner, with force and arms put in execution accordingly, and by such warlike means did force divers of his Majesty's Subjects of that Realm, to submit themselves to his unlawful commands. And in the said twelfth year of his Majesty's reign, the said Earl of Strafford did traitorously cause certain troops of Horse and Foot, armed in warlike manner, and in warlike array, with force and Arms to expel Richard Butler from the possession of Castle Cumber, in the Territory of Idough, in the said Realm of Jreland, and did likewise and in like warlike manner, expel divers of his Majesty's Subjects from their houses, families, & possessions, as namely Ed. Brenman, Owen Oberman, Patrick Oberman, Sir Cyprian Horsfield, & divers others, to the number of about an hundred families, and took and imprisoned them and their wives, and carried them prisoners to Dublin, and there detained them until they did yield up, surrender, or release their respective estates and rights. And the said Earl in like warlike manner, hath during his government of the said Kingdom of Ireland, subdued divers others of his Majesty's Subjects easily to his will, and thereby, and by the means aforesaid, hath levied war within the said Realm against his Majesty, and his liege people of that Kingdom. 16 That the said Earl of Strafford, the two and twentieth of February, in the seventh year of his now Majesty's Reign, intending to oppress the said subjects of Ireland, did make a proposition, and obtained from his Majesty an allowance, that no complaint of injustice or oppression done in Ireland, should be received in England against any, unless it first appeared, that the party made first his address to him the said Earl: and the said Earl having by such usurped, tyrannical, and exorbitant power, expressed in the former Articles, destroyed the Peers and other Subjects of that Kingdom of Ireland, in their Lives, Consciences, Land, Liberties, and Estates, the said Earl to the intent the better to maintain and strengthen his power, and to bring the people into a disaffection of his Majesty, as aforesaid, did use his Majesty's name in the execution of his said power. And to prevent the Subjects of that Realm of all means of complaints to his Majesty, and of redress against him and his agents, did issue a Proclamation, bearing date the seventeenth day of Septmber, in the eleventh year of his Majesty's Reign, thereby commanding all the Nobility, undertakers, and others who held estates and offices in the said Kingdom, (except such as were employed in his Majesty's service, or attending in England by his special command) to make their personal residence in the said Kingdom of Ireland, and not to departed thence without licence of himself. And the said Earl hath since issued other Proclamations to the same purpose, by means whereof the Subjects of the said Realm are restrained from seeking relief against the oppressions of the said Earl, without his licence: which Proclamation the said Earl hath by several rigorous ways, as by fine, imprisonment, and otherwise, put in execution on his Majesty's Subjects, as namely, one— Parry and others, who came over only to complain of the exorbitances and oppressions of the said Earl. 17 That the said Earl having by such means as aforesaid, subverted the Government and Laws of the Kingdom of Ireland, did in March in the sixteenth year of his Majesty's Reign, in scandal of his Majesty, of all his Kingdoms, and in further Execution of his wicked purposes aforesaid, speaking of the Armies in Ireland, declare, that his Majesty was so well pleased with the Army of Ireland, and the consequence thereof, that his Majesty would certainly make the same a pattern for all his three Kingdoms. 18 That the said Earl of Strafford, for the better effecting of his traitorous designs, and wicked purposes, did endeavour to draw dependency upon himself of the Papists in both Kingdoms of England and Ireland, and to that end during the time of government in Ireland, he restored divers Friaries, and Masse-houses, (which had been formerly suppressed by precedent Deputies of that Kingdom, two of which houses were in the City of Dublin, and had been assigned to the use of the University there) to the pretended owners thereof, who have since employed the same to the exercise of the Popish Religion. And in the Month of May and june last, the said Earl did raise an Army in the said Realm of England consisting of eight thousand foot, all of which, except one thousand, or thereabouts, were Papists, and the said one thousand were drawn out of the old Army there, consisting of two thousand foot, and in their places there were a thousand Papists, or thereabouts put into the said old Army by the said Earl. And the more to engage and tie the new Army of Papists to himself, and to encourage them, and to discourage and wear out the old Army, the said Earl did so provide; That the said new Army of Papists were du●ly paye●, and had all necessaries provided for them, and permitted the exercise of their Religion, but the said old Army were for the space of one whole year and upwards unpaid. And that the said Earl being apppointed a Commissioner with eleven several Counties in the Northern parts of England, for compounding with Recusants for their forfeitures due to his Majesty; which Commission beareth date the eighth day of july, in the fifth year of his Majesty's Reign that now is, and being also Receiver of the Composition Money thereby arising, and of other debts, Duties, and penalties for his Majesty's use, by Letters Patents dated the 9 day of the said july: he, to engage the said Recusants to him, did compound with with them at low and under rates, and provided, that they should be discharged of all proceed against them, in all his Majesty's Courts, both temporal and Ecclesiastical, in manifest breach of, and contrary to the Laws and Statutes of this Realm, in that behalf established. 19 That the said Earl having taxed and levied the said impositions, and raised the said Monopolies, and committed the said oppressions in his Majesty's name, and as by his Majesty's Royal command, he the said Earl in May the 15 year of his Majesty's Reign, did of his own authority contrive and frame a new and unusual oath, by the purport whereof among many other things, the party taking the said oath, was to swear that he should not protest against any of his Majesty's royal commands, but submit themselves in all obedience thereunto. Which oath he so contrived to enforce the same on the subjects of the Scottish Nation, inhabiting in Ireland, and out of a hatred to the said Nation, and to put them to a discontent with his Majesty, & his government there, and compelled divers of his Majesties said subjects there to take the said oath, some he grievously fined and imprisoned, and others he destroyed and exiled, and namely the 10 of October, Anno Dom. 1639. He fined Henry Steward and his wife, who refused to take the said oath, 5000. pounds a piece, and their 2. daughters and james Grace, 3000. pounds a piece, and imprisoned them for not paying the said fines. The said Henry Stewards wife and daughters, and james Grace, being the King's liege people of the Scottish Nation, and divers others he used in like manner, and the said Earl upon that occasion did declare, that the said oath did not only oblige them in point of allegiance to his Majesty, and acknowledgement of his Supremacy only, but to the Ceremonies and government of the Church established; or to be established by his Majesty's Royal authority; and said, that the refusers to obey, he would prosecute to the blood. 20 That the said Earl in the 15. and 16. years of his Majesty's Reign, and divers years past, laboured, and endeavoured to beget in his Majesty an ill opinion of his subjects, namely, those of the Scottish Nation, and divers and sundry times, and especially since the Pacification made by his Majesty with his said Subjects of Scotland in Summer, in the 15 year of his Majesty's Reign; he, the said Earl did labour and endeavour to persuade, incite, and provoke his Majesty to an offensive war against his said Subjects of the Scottish Nation: And the said Earl, by his counsel, actions, and endeavours, hath been and is a principal and chief incendiary of the war and discord between his Majesty and his Subjects of England, and the said Subjects of Scotland, and hath declared and advised his Majesty, that the demand made by the Scots in this Parliament were a sufficient cause of war against them The said Earl having formerly expressed the height & rancour of his mind towards his Subjects of the Scottish Nation, viz. the tenth day of October, in the 15. year of his Majesty's Re●gne, he said that the Nation of the Scots were ●●b●●s, and traitors, and he being then about to come to England, he then further said, that if it pleased his Master (meaning his Majesty) to send him bacl again, he would root cut of the said Kingdom (meaning the Kingdom of Ireland) the Scottish Nation both root and branch. Some Lords and others, who had taken the said oath in the precedent Article only excepted: and the said Earl hath caused divers of the said ships and goods of the Scots to be stayed, seized, and molested, to the intent to set on the said war. 21. That the said Earl of Strafford, shortly after his speeches mentioned in the last precedent Article, to wit, in the fifteenth year of his Majesty's Reign, came into this Realm of England, and was made Lord Lieutenant of Ireland, and continued his government of that Kingdom by a Deputy: At his arrival here, finding that his Majesty with much wisdom and goodness had composed the troubles in the North, and had made a Pacification with his Subjects of Scotland; he laboured by all means to procure his Majesty to break that Pacification, incensing his Majesty against his Subjects of that Kingdom, and the proceed of the Parliament there. And having incensed his Majesty to an offensive war against his said Subjects of Scotland, by Sea and by Land, and by pretext thereof, to raise Forces for the maintenance of that war, he counselled his Majesty to call a Parliament in England, yet the said Earl intended, if the said proceed of that Parliament should not be such as would stand with the said Earl of strafford's mischievous designs he would then procure his Majesty to break the same; and by ways of force and power, to raise moneys upon the said subjects of this Kingdom. And for the encouragement of his Majesty to hearken to his advice, he did before his Majesty and his privy Counsel, then sitting in Counsel, make a large Declaration, that he would serve his Majesty in any other way, incase the Parliament should not supply him. 22 That in the month of March, before the beginning of the last Parliament, the said Earl of Stafford went into Ireland, and procured the Parliament of that Kingdom to declare their assistance in a war against the Scots. And gave directions for the raising of an Army consisting of 8000. foot, and 1000 horse, being for the most part Papists, as aforesaid. And confederating with one Sir George R●dcliffe, did together with him the said Sir George, traitorously conspire to employ the said Army for the ruin and destruction of the Kingdom of England, and of his Majesty's Subjects, and of altering and subverting of the fundamental Laws of this Kingdom. And shortly after, the said Earl 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 levy what he needed, and that he should be acquitted both of God and man, he took some other courses to supply himself, though it were against the will of his Subjects. 23. That upon the thirteenth day of April last, the Parliament of England met, and the Commons house (then being the representative Body of all the Commons in the Kingdom) did according to the trust reposed in them, enter into debate and consideration of the great grievances of of this Kingdom, both in respect of Religion, and the public liberty of the Kingdom, and his Majesty referring chief to the Earl of Strafford, and the Archbishop of Canterbury, the ordering and disposing of all matters concerning the Parliament: He the said Earl of Strafford, with the assistance 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 Majesty's supply, for maintenance of his war against his Subjects of Scotla●d, before any course was taken for the relief of the great and pressing grievances, wherewith this Kingdom was then afflicted. Whereupon, a demand was then made from his Majesty, of 12. Subsidies, for the release of ship-money only; and while the said Commons then assembled (with expressions of great affection to his Majesty and his service) were in debate and consideration of some supply, before resolution by them made, he the said Earl of Strafford, with the help 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 Earl of Strafford did treacherously, falsely, and maliciously endeavour to incense his Majesty against his loving & faithful Subjects, who had been members of the said house of Commons, by telling his Majesty, they had denied to supply him. And afterward upon the same, did treacherously and wickedly counsel and advise his Majesty to this effects, viz. that having tried the affections of his people, he was lose and absolved from all rules of government, and was to do every thing that power would admit, and that his Majesty had tried 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 employ to reduce this Kingdom to obedience. 24 That in the same month of May, he the said Earl of Strafford, falsely, treacherously, and maliciously, published and declared before others of his Majesty's Privy Counsel, 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 himself by other ways: 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 usual way, the King might provide for the Kingdom in such ways, as he should hold fit, and that he was not to suffer himself to be mastered by the frowardness of the people. And having so maliciously slandered the said house of Commons, he did with the help 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 Majesty's name, a false and scandalous book entitled, his Majesty's Declaration of the causes that moved 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 months of May and june) he the Earl of Strafford, did advise the King to go on rigorously in levying the Ship-money, and did procure the Sheriffs of several Countries to be sent for for not levying the Ship-money, divers of which were threatened by him to be sued in the Star-chamber, and afterwards by his advice were sued in the Star-chamber, for not levying the same, and divers of his Majesty's loving Subjects were sent for and imprisoned by his advice, about that and other illegal payments. And a great loan of a hundred thousand pounds was demanded of the City of London, and the Lord Major, and the Aldermen and the Sheriffs of the said City, were often sent for by his advice to the Council Table, to give an account of their proceed in raising of Ship-money, and furthering of that loan, and were required to certify the names of such Inhabitants of the said City as were fit to lend, which they with much humility refusing to do, he the said Earl 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 heels, and some of the Aldermen hanged up. 26 That the said Earl of Strafford by his wicked Counsel having brought his Majesty into excessive charges without any just cause, he did in the month of july last (for the support of the said great charges) counsel and approve two dangerous and wicked Projects: viz. To seize upon the Bullion, and the money in the Mint. And to embase his Majesty's Coin with the mixtures of Brass. 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 be seized on, and stayed to his Majesty's use. And when divert Merchant's of London, owners of the said Bullion, came to his house to let him understand the great mischief, that course would produce here, and in other parts, what prejudice it would be to the Kingdom, by discrediting the Mint, and hindering the importation of Ballion: he the said Earl told them, that the City of London dealt undutifully and unthankfully with his Majesty; and that they were more ready to help the Rebel than to help 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 moneys to serve their occasions. And when in the same Month of july, the Officers of his Majesty's Mint came to him and gave him divers reasons against the embasing the said money, he told them that the French King did use to send Commissaries of Horse with Commission to search into men's estates, and to peruse their accounts, so that they may know what to levy of them by force, which they did accordingly leavy: and turning to the Lord Conttington, then present, said; That this was a point worthy his Lordship's consideration. 27 That in or about the Month of August last he was made Lieutenant General of all his Majesty's Forces in the Northern parts against the Scots, and being at York, did in the Month of September by his own authority, and without any lawful warrant, impose a Tax on his Majesty's Subjects in the County of York of eight pence per●iem, for maintenance of every Soldier of the Trained bands of that County, which Sums of money he caused to be levied by force. And to the end to compel his Majesty's Subjects out of fear and terror to yield to the payment of the same, He did declare that he would commit them that refused the payment thereof, and the Soldiers should be satisfied out of their estates; and they that refused it, were in very little better condition than of High Treason. 28 That in the Month of September and October last, he the said Earl of Strafford, being certesild of the Scottish Army coming into the Kingdom, and he the said Earl of Strafford being Lieutenant General of his Majesty's Army, did not provide to the defence of the Town of Newcastle, as he ought to have done but suffered the same to be lost, that so he might the more incense the English against the Scots. And for the same wicked purpose, and out of a malicious desire to engage the King's kingdoms of England and Scotland in a Nationall and bloody War, he did write to the Lord Conway the General of the Horse, and under the said Earls command, that he should fight with the Scottish Army at the passage over the Tyne, whatsoever should follow; notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl, that his Majesty's Army then under his command, was not of force sufficient to encounter the Scots, by which advice of his, he did contrary to the duty of his place betray his Majesty's Army then under his command, to apparent danger and loss. All and every which Words, Counsels and Actions of the said Earl of Strafford traitorously and contrary to his allegiance to our Sovereign Lord the King, and with an intention and endeavour to alienate and withdraw the hearts and affections of the King's Liege people of all his Realms from his Majesty, and to set a division between them, and to ruin and destroy his Majesties said Kingdoms. For which they do further impeach him the said Thomas, Earl of Strafford of High Treason against our Sovereign Lord the King, his Crown and Dignity. The Earl of bristol Speech, the 7th of Decemb. 1640. MAY this day's Resolution be as happy as the Proposition (which now moves me to rise) seasonable and necessary: for whether we shall look upon the King or the people, it did never more behoove us, the great Physician the Parliament, to effect a true consent towards all parts, than now: This debate carries with it a double aspect, towards the Sovereign, and towards the Subject; though both innocent, both injured, both to be cured. In the representation of Injuries, I shall crave your attention: In the Cures, I shall beseech your equal cares, and better judgements: surely in the greatest humility I speak it, their illegal ways are works and punishments of indignation. The raising of Levies, strengthened by Commission, with un-heard of instructions, the billeting of Soldiers, and by Lieutenants, and their Deputies, without leave have been as if they would have persuaded Princes (nay worlds) the right of Empire had been had to take away what they please by strong hands; and they have endeavoured as fare as it was possible for them to do it. This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of justice, but the Projectors have extended the Prerogative of the King beyond the limits, which mars that sweet harmony. They have rend from us the light of our eyes, enforced Companies of guests upon us, worse than the Ordinary of France, vitiated of wives and daughters before our faces, brought the Crown to greater want, than ever it was by anticipating the Revenue: And can the shepherd be thus smitten, and the sheep not scattered? They have introduced a Privy Council, ravishing at once the spheres of all ancient government, imprisoning without Bail or Bond. They have taken from us: what shall I say? indeed what have they left us? All means of supplying the King, and ingratiating ourselves with him, taking the roots of all propriety; which if it be seasonably set into the ground by his own hand, we shall have instead of beauty baldness. To the making of them whole, I shall apply myself, and propound a remedy to all these diseases by one and the same thing: Hath King and People been hurt, and by one and the same thing must they be cured; to vindicate what? new things? no our ancient sober vital liberty, by reinforming our ancient Laws, made by our Ancestors, by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them: And shall we think that a way to break a Parliament? no, our desires are modest and just; I speak truly both for the interest of the King and people; if we enjoy not this, it will be impossible to relieve him: Therefore let us fear they shall not be accepted by his goodness. Therefore I shall descend unto my motions, which consists of four parts, two of which have relation to the persons, two to the properties of goods. For the persons, the freedom of them from imprisonment and from employment abroad, contrary to the ancient customs: for our goods, that no levies be made but in Parliament. Secondly, no billeting of Soldiers. It is most necessary that these be resolved, that the subject be secured in both: Then the manner in the second place be fit to det-ermine it by a grand Committee. Mr. MAINARDS' Speech before both Houses in Parliament, on Wednesday 24 th'. of March, in reply upon the Earl of strafford's answer to his Articles at the Bar. My Lords, I Shall repeat little of that which hath been said, only this; That whereas my Lord of Strafford did answer to many particulars; yet he did not answer to that which was particularly objected against him; that is, that you were to hear the complaints of the whole Kingdom: now the particular of our aim, is to take off the vizard, which my Lord hath put on; wherein the truth and honour which is due to his Majesty, he would attribute to himself. My Lords, there is one thing which I desire your Lordships to remember, it being the main of our complaints. The alteration of the face of government, and tradacing of his own Laws; and this is the burden upon all the Lords and Commons of Ireland. Concerning the breach of Parliament, he would put it on Sir George Ratcliff; but imme sure, he cannot put off himself: for Sir George Ratcliff was not the man alone, but others joined with him in that Assembly, and I am sure my Lord of Strafford moved it for the breach of Parliament. I shall address myself to the body of his answer: Now give me leave my Lords, that I may open the nature of this great offence. My Lords, it is a charge of Treason, which is a Treason not ended, or expired by one single Act; but a trade enured by this Lord of Strafford, ever since the King's favour hath been bestowed upon him. My Lords, it hath two parts: to deprive us that which was good. And secondly, to bring in a Tyrannical government, it takes away the Laws of the Land, and it hath an arbitrary government, bounded by no law, but what my Lord of Strafford pleaseth. It is the law, my Lords, which we reverence, and cheerfully render to our gracious Sovereign: The Law as it is the ground of our liberty, so it is the distribution of justice. My Lords, in all this, my Lord of Strafford hath endeavoured to make them uncapable of any benefit: it is true my Lords; that Treason against the person of a Prince is high Treason, and the highest Treason that can be to man; but it falls short of this Treason against the State. When blessed King james was taken to heaven, he commended the laws to his son, our gracious Sovereign. But my Lords, if such a design as this should take effect, that the law of justice should be taken from the Throne, we are without hope of ever seeing happy days: power is not so easily laid down, unless it be by so good and just a Prince as we have. My Lord of strafford's accusation is conveyed into twenty eight Articles, and I shall but touch the heads, that we shall insist upon, and I think the best way to this, is to consider what he did before he went into Ireland, what then, and what since. He hath encroached jurisdiction where none was, taking upon him a power to repel the laws, and to make new laws, and in domineering over the lives and goods, and what ever else was the subjects. My Lords, this he hath not done only upon the meaner sort, but upon the Peers and ancient Nobility, and what may your Lordships expect, but the same measure at his hands here, as they have found there when he committed any to prison: if a Habeas Corpus were granted; the Officers must not obey, and if any Fine were put upon the Officer, for refusing them, there was a command that he should be discharged: so that he did not only take power to himself, but the Sceptre of justice out of the King's hand. When he was a member of the house of Commons, it was his own motion, all Ministers of state should serve the King, according to the laws which he hath broken himself. He doth as much as say, that Fines shall not be paid by Officers, if in this they fulfil his commands, but those that release a prisoner upon a Habeas Corpus shall find his displeasure. My Lords, if this had been a single Act, we should not have accused him of high Treason, but this hath been his common course, and this we present to your Lordship's consideration. The next thing is, that in the North the people attending for justice, you shall see what a dishonour he fling upon the sacred Majesty of the King, that did advance him: some of the justices (saith he) are all for Law, but they shall find that the King's little fingers is heavier than the Loins of the Law. My Lords, what a sad speech was this, and what sad Accidents happened upon it, you all know, and he said in a solemn speech; That Ireland was a conquered Nation, and that the King might do with them what he would, their Charters were nothing worth, they did bind the King no longer than he pleased. Surely you may see what he would do if he had power, but we hope never such counsel shall have acceptation in so gracious an Ear as our Sovereigns, and he doth not stay in words, but proceeds to Actions, when a Peer of the Kingdom was expelled the Kingdom for suing at Law for recovering of his Right, he saith, he would have Ireland know that neither Law nor Lawyers should question any thing that he ordered. My Lords, he goes higher, for when there was an occasion to speak of an Act of State, he said it should be as binding as an Act of Parliament. My Lords, he cannot go higher than this, he tells them in Parliament; they were a Conquered Nation, and they must expect the usage of a Conquered Nation. The Lord Mountnorris for a few words that fell from his mouth spoken privately at his Table, had a Counsel of war called against him and was judged to death. My Lords, it is no marvel that he say; That the Kings little finger should be so heavy, when his little too was so heavy to tread down a Peer under his foot. My Lords, he makes Laws of himself, and he makes a difference in matters of justice between the poor and the rich, but when he hath executed his power upon the poor, he will fall upon the rich. My Lords, he hath made that which was worth but five shillings to the value of twenty, and my Lords, by this he doth in effect take away what ere this commodity is worth, he saith he doth it for the King's gain, but we shall make it appear, that the Crown hath lost, and he hath gained. And for the Commodity of Flax my Lords, it is but a Woman's Commodity, but yet it is the staple Commodity of Ireland. Now my Lords, this Commondity he hath gotten wholly into his own hands, for he made such a Proclamation, that it should be used in such ways as the Women could not do it, and if it were not used in such ways, that it should be seized upon, no he doth not only put impositions upon the Subject, but take away the goods too, and thus he hath levied war against the King's Subjects, and this is his course, that if a Decree were made by him and not obeyed, there issued a warrant to Soldiers, that they should make Garrison, and that they should go to the houses of those that were pretended to be disobedient. My Lords they have killed their sheep and their Oxen, and bound their horses and took them Captives till they have rendered obedience, which is expressly contrary to Law, for it saith; If any man set horse or foot upon the King's Subject, in a Military way, it is high Treason. My Lords, it doth not only oppress them in their estates, but provoke and incite his Majesty to lay down his mercy and goodness, and to fall into an offensive war against his Subjects, and to say they are Rebels and Traitors. He tells his Counsel that the Parliament having forsaken the King, and the King having tried the Parliament, he might use other ways to procure money to supply his necessities. My Lords, the same day that the Parliament was broken, he tells the King, he had 8000, foot and 1000▪ horse to reduce this Kingdom to obedience. My Lords, consider in what a sad time this man took to infuse this sad Counsel into the King's ear. My Lords, he doth advise the King that he was absolved from all rules of government, but if no rule of government, what rule of obedience; Surely he meant to reduce us to a chaos and confusion, etc. would have us without all rule of government or obedience. My Lords, those that he would have brought to reduce us were Papists, Enemies of our Religion. This strikes us near my Lords, and is the grief of our hearts; that an Irish army should be brought into England to reduce us. My Lords, I hope we were ne'er so far gone, as to need an army to reduce us to obedience. My Lords, he had raised this Army, and if such Counsel had taken effect in his Majesty's ear, he, like proud Haman, would have thought to have been General of the Army. And thus my Lords, you see this Lord of Strafford falls upon a Counsel, which might make an irreconcilable difference to subdue us by his power. The Earl of bristol Speech in the High Court of Parliament upon the delivering of by him the Scottish Remonstrance and Schedule of their charges. OUr Ancestors were accustomed to hear propositions in an other manner. We represent unto you a very distressed estate, sad tidings and dishonourable to our Nation. That we should suffer our Country to relieve an Army that is come against us. This may seem to withdraw from the greatness and honour of this Nation, but I am sorry it should be thought a Nationall dishonour as the case now standeth. But I wish it may light upon those that have been the ill instruments, by their imprudent Counsels to bring this Kingdom into such an unhappy business, that hath produced miserable effects and Calamities. But let us labour to build the honour of this Nation, and if ill and wicked men have brought this great dishonour, great let the honour be when a state is so distressed, by wisdom and prudence to relieve it. I do remember when the Commonwealth of Rome was in great distress, after the great Battle of Cannae, they gave thanks that the Counsel did not despair of the safety of the Commonwealth, and me thinks there is no cause to despair, If those ill Counsels and ill ways have brought us to this Calamity, shall hereafter be turned to wise, prudent and settled ways, if God may so bless us that we again prove happy, for this Nation, the strength and Situation of it would hardly be brought to this condition, were it not for want of Unity, and for discord among ourselves. When a happy Unity among ourselves, I doubt not to see the honour of this Nation set up again by the wisdom of his Majesty and prudent endeavour of this assembly, this whole Monarchy once reunited, I mean the 3. Kingdoms, will render us very considerable abroad. His Majesty hath granted our brethren in Scotland their demands in matter of Religion and liberty, and doubt not but with humility and duty may likewise obtain what we shall desire concerning religion and liberty graciously from his Majesty's hands. And I am most confident his Majesty may expect from us all that duty, affection and assistance as he hath just cause to expect from good people. If God shall bless us and this whole Monarchy with unity, love and concord, certainly these great Armies that do now trouble us, and are ready to offend one an other, may show a capability with united minds and well designed to effect great matters, and may by unity of Counsel raise us up again in the world to a good estimation, and as great an honour as ever. I hope God will bless us with good Counsels, and that the King as a gracious good and prudent Prince, and all his Subjects joining in this way no doubt but God will bring us again to a convenient condition of consistancie, yea since our armies are united under one King and Nation, and in one Island from a state gasping it will be easy thence to bring us to a condition of prosperity: therefore let us procure and maintain a good correspondency amongst ourselves, and for the proposition, it much started us at first, but I must say thus much. That where wars have fallen between Nations, it is not unlawful nor great dishonour to let men part upon reasonble conditions, though with good consideration our Kings passed many times into France, and returned with recompense, but this a friendly demonstration, of one Nation to another there is great difference in point of honour, if we consider the state wherein we now are, two Armies in the field, and consider it was not through our default, nor the fault of the Kingdom, that we are brought into these calamities. The Instruments will be made an example, and the dishonour will light upon them, and then certainly we do conceive a wise and prudent Senate, to apply themselves to some things by necessity is no dishonour. A State lying gasping and bleeding to restore it is an essential part of honour▪ This is that I had in command to say unto you. His Majesty's Speech to both the Houses of Parliament, February 3. 1640. HAving taken into my serious consideration the late Remonstrance made unto me by the House of Parliament, I give you this answer, That I take in good part your care of the true Religion established in this Kingdom, from which I will never departed, as also for the tenderness of my safety, and security of this State and Government: It is against my mind, that Popery or Superstition should any way increase within this Kingdom, and will restrain the same by causing the Laws to be put in execution. I am resolved to provide against the Jesuits and Papists, by setting forth a Proclamation with all speed, commanding them to departed the Kingdom within one Month, which if they fail, or shall return, than they shall be proceeded against according to the Laws. Concerning Resettie, I give you to understand, that the Queen hath always assured me, that to her knowledge he hath no Commission, but only to entertain a personal correspondence between her and the Pope, in things requisite for the Exercise of her Religion, which is warranted to her by the Articles of Marriage, which give her a full Liberty ●f Conscience; yet I have persuaded her, that since the misunderstanding of the Persons condition gives offence, she will within a convenient time remove him. Moreover, I will take a special care to restrain my Subjects from resorting to Mass at Denmark house, St, James, and the Chapel of Ambassadors. Lastly, concerning John Goodman the Priest, I will let you know the reason why I reprived him, that as I am informed, neither Queen Elizabeth, nor my Father did ever avow, that any Priest in their times was executed merely for Religion, which to me seems to be this particular case, yet seeing that I am pressed by both Houses, to give way to his, because I will avoid the inconveniency of giving so great discontent to my people, as I conceive this Mercy may produce, therefore I do remit this particular Cause to both the Houses: But I desire them to take into their consideration, the inconveniencies (as I conceive) may upon this occasion fall upon my Subjects and other Protestants abroad, especially since it may seem to other States to be a severity, which surprise having thus represented, I think myself discharged from all ill consequence that may ensue upon the execution of this person. FINIS. To the Right Honourable the Commons House of Parliament. The humble Petition of many of his Majesty's Subjects in and about the City of London and several Counties of the Kingdom. THat whereas the government of Archbishops, and Lord-Bishops, Deans, and Archdeacon's, &c. with their Courts and ministrations in them hath proved prejudicial and very dangerous both to the Church and Commonwealth, they themselves having formerly held, that they have their jurisdiction or authority of humane Authority, till of these later times being further perused about the unlawfulness that they have claimed their calling immediately from the Lord JESUS CHRIST, which is against the Laws of this Kingdom, and Derogatory to his Majesty and his State Royal. And whereas the said government is found, by woeful experience, to be a main cause and occasion of many foul evils, pressures, and grievance of a very high nature unto his Majesty's Subjects, in their own Consciences, liberties, and ●st tes; as in a Schedule of particulars hereunto annexed may in part appear. We therefore most humbly pray and beseech this Honourable Assembly, the premises considered, that the said government with all its dependences, roots and branches may be abolished, and all laws in their behalf made void, and the government, according to God's word, may be rightly placed among us, and we your humble Supplyants', as in duty we are bound, will daily pray for his Majesty's long and happy reign over us, and for the prosperous success of this High and Honourable Court of Parliament, etc. A Particular of the manifold Evils, Pressures, and Grievances, caused, practised, and occasioned by the Prelates and their Dependants. I. FIrst, the subjecting and inclining all Ministers under them and their Authority, and so by degrees exempting of them from the Temporal power, whence follows: II. The faintheartedness of Ministers to preach the truth of God, lest they should displease the Prelates, as namely the Doctrine of Predestination, of Freegrace, of Perseverance, of Original sin remaining after Baptism, of the Sabbath, the Doctrine against universal Grace, Election for Faith foreseen, freewill, against Antichrist, non-resident, humane Inventions of God's worship, all which are generally withheld from the people's knowledge, because not relishing to the Bishops. III. The encouragement of Ministers to despise the temporal Magistracy, the Nobles, and Gentry of the Land, to abuse the Subjects, & live contentiously with their neighbours, knowing that they being the Bishop's creatures, they shall be supported. iv The restraint of many godly and able men from the Ministry, and thrusting out of many Congregations, their faithful, diligent, and powerful Ministers, who lived peaceably with them and did them good, only because they cannot in Conscience submit unto, and maintain the Bishop's needless devices; nay sometimes, for no other cause but for their zeal in Preaching, or great Auditories. V The suppressing of that godly Design set on foot by certain Sects, and sugared with many great gifts by sundry well-affected persons, for the buying of Impropriations, and placing of able Ministers in them, maintaining of Lectures, and founding of Free Schools; which the Prelates could not endure, lest it should darken their glories, and draw the Ministers from their dependence upon them. VI The great increase of idle, lewd and dissolute, ignorant and erroneous men in the Ministry, which swarm like the Locusts of Egypt over the whole Kingdom, and will they but wear a Canonical Coat, a Surplice, a Hood, bow at the name of JESUS, and be zealous of Superstitious Ceremonies, they may live as they list, confront whom they please, preach and vent what errors they will, and neglect preaching at their pleasures, without control. VII. The discouragement of many from bringing up their Children in learning, the many Schisms, errors, and strange opinions which are in the Church, great Corruptions, which are in the Universities; the gross and lamentable ignorance almost every where among the people; the want of preaching Ministers in very many places both of England & Wales, the loathing of the Ministry, and the general defection to all manner of profaneness. VIII. The swarming of lascivious, idle, and unprofitable Books and Pamphlets, Playbooks, and Ballads, as namely Ovid's fits of Love; the Parliament of Women came out at the dissolving of the last Parliament, Barns Poems, Parker's Ballads in disgrace of Religion, to the increase of all vice, and withdrawing of people from reading, studying, and hearing the word of God, and other good Books. IX. The hindering of godly Books to be Printed, the blotting out, or perverting those which they suffer, all or most of that which strikes either at Popery or Arminianism, the adding of what or where pleaseth them, and the restraints of reprinting Books formerly lycensed without relycensing. X. The publishing and venting of Popish, Arminian, and other dangerous Books and Tenets, as namely; that the Church of Rome is a true Church, and in the worst times never erred in Fundamentals, that the Subjects have no propriety in their Estates, but that the King may take from them what he pleaseth, that all is the Kings, and that he is bound by no Law, and many other, from the former whereof hath sprung, XI. The growth of Popery and increase of Papists, Priests and Jesuits in sundry places▪ but especially about London since the Reformation, the frequent venting of Crucifixes and Popish Pictures, both engraven and printed, and the placing of such in Bibles. XII. The multitude of Monopolies and Patents, drawing with them innumerable Perjuries, the large increase of Customs and Impositions upon Commodities, the Ship-monies, and many other great burdens upon the Commonwealth, under which all groan. XIII. Moreover, the Offices and Jurisdictions of Arch-bishops, Lord-Bishops, Deans, Arch-Deacons, being the same way of Church Government which is in the Romish Church, and which was in England in the time of Popery, little change thereof being made (except only the head from whence it was derived) the same Arguments supporting the Pope, which do uphold the Prelates, and overthrowing the Prelates, which do pull down the Pope, and other reformed Churches, having upon their rejection of the Pope, cast the Prelates out also as Members of the Beast: Hence it is, that the Prelates here in England by themselves or their Diciples plead and maintain, that the Pope is not Antichrist, and that the Church of Rome is a true Church, hath not erred in Fundamental points, and that Salvation is attainable in that Religion, and therefore have restrained to pray for the Conversion of our Sovereign Lady the Queen. Hence also hath come, XIV. The great Conformity and likeness both continued and increased of our Church to the Church of Rome, in Vestures, Postures, Ceremonies, and Administrations, namely as the Bishop's Rochets, and the Lawn sleeves, the foure-cornerd Cap, the Cope and Surprisse, the Tippet, the Hood, and the Canonical Coat, the Pulpits clothed, especially now of late, with the Jesuits Badge upon them every way. XV. The standing up at Gloria Patri, and at the reading the Gospel, praying towards the East, the bowing at the name of JESUS, the bowing to the Altar towards the East, Cross in Baptism, the Kneeling at the Communion. XVI. The turning of the Communion Tables Altarwise, setting Images, Crucifixes, and Conceits over them, and Tapers and Books upon them, and bowing, and adoring to or before them, the reading of the second Service at the Altar, and forcing people to come up thither to receive, or else denying the Sacrament to them, terming the Altar to be the mercy-seat, or the place of God Almighty in the Church, which is a plain device to usher in the Mass. XVII. The Christening and Consecrating of Churches and Chappells, the Consecrating Fonts, Pulpits, Tables, Chalices, Churchyards, and many other things, and putting holiness in them; yea, reconsecrating upon pretended pollution, as though every thing were unclean without their Consecrating, and for want of this sundry Churches have been interdicted and kept from use as polluted. XVIII. The Liturgy for the most part's framed out of the Romish Breviary Ritualium Masse-book, also the book of Ordination, for Archbishops and Ministers, framed out of the Roman Pontifical. XIX. The multitude of Canons formerly made, wherein among other things, Excommunication, ipso facto is denounced for speaking of a word against the devises above said, or subscription thereunto, though no Law enjoined a restraint from the Ministry without such subscription, and Appeal is den●ed to any that should refuse subscription or unlawful conformity, though he be never so much wronged by the inferior Judge: also the Canons made in the late sacred Synod, as they call it, wherein are many strange and dangerous Devices to undermine the Gospel, and the Subject's liberties, to propagate Popery, to spoil God's people, ensnare Ministers and other Students, and so to draw all into an absolute subjection and thrall doom to them and their government, spoiling both the King and the Parliament of their power. XX. The countenancing plurality of Benefices, prohibiting of Marriages without their Licence at certain times, almost half the year, and lycensing of Marriages without Banes ask. XXI. Profanation of the Lords day, pleading for it, and enjoining Ministers to read a Declaration, set forth, as 'tis thought, by their procurement for tolerating of sports upon that day, suspending and depriving many godly Ministers, for not reading the same only out of Conscience, it was agaist the Law of God so to do, and no Law of the Land to enjoin it. XXII. The pressing of the strict observation of Saints Days, whereby great sums of Monies are drawn out of men's purses for working on them, a very high burden on most people, who getting their living by their daily employments, must either omit them and be idle, or part with their money, whereby many poor families are undone, or brought behindhand, yea many Churchwardens are sued, or threatened to be sued by their troublesome Ministers, as persured persons, for not presenting their Parishioners, who sayyed in observing Holidays. XXIII. The great increase and frequency of Whoredoms and Adulteries, occasioned by the Prelates corrupt administration of Justice, in such Cases, who taking upon them the punishment of it, do turn all into monies for the filling of their purses, and lest their Officers should defraud them of their gain, they have in their late Canon, in stead of remedying their vices, decreed that the Commutation of Penance shall not be without the Bishop's privity. XXIV. The general abuse of that great ordinance of Excommunication, which God hath left in his Church to be used as the last and greatest punishment the Church can inflict upon obstinate and great Offenders, and that the Prelates and their Officers, who of right, have nothing to do with it, do daily excommunicate men either for doing that which is lawful, or for vain, idle, and trivial matters, as working or opening a shop on a Holiday, for not appearing at every beck upon their summons, not paying a fee or the like; yea, they have made it, as they do all other things, a hook or instrument wherewith to empty men's purses, and to advance their own greatness, and so that sacred ordinance of God, by their preventing of it, becomes contemptible to all men, and seldom or never used against notorious offenders, who, for the most part, are their favourites. XXV. Yea further, the pride and ambition of the Prelates being boundless, unwilling to be subject to either man or Laws, they claim their Office and Jurisdiction to be jure divino, exercise Ecclesiastical authority in their own names and Rights, and under their own Seals, and take upon them Temporal dignities, Places and Offices in the Commonwealth, that they may sway both swords. XXVI. Whence follows the taking Commissions in their own Courts and Consistories, and where else they sit in matters determinable of Right at Common Law, the putting of Ministers upon Parishes, without the Patrons & people's consent. XXVII. The imposing of Oaths of various and trivial Articles yearly upon Churchwardens, and Sidemen, which without perjury, unless they fall at jars continually with their Ministers and Neighbours, and wholly neglect their own calling. XXVIII. The exercising of the Oath Ex Officio, and other proceed by way of Inquisition reaching even to men's thoughts, the apprehending, and detaining of men by Pursivants, the frequent suspending and depriving of Ministers, fining and imprisoning of all sorts of people, breaking up of men's Houses and Studies, taking away men's Books, Letters, and other writings, seizing upon their Estates, removing them from their callings, separating between them and their wives against both their wills, the rejecting of prohibitions with threaten, and the doing of many other outrages, to the utter infringing the Laws of the Realm, and the Subject's liberties, and arraigning of them and their Families, and of latter time, the Judges of the Land are so awed with the power and greatness of the Prelates, and other ways promoted, that neither prohibition, Habeas Corpus, or any other lawful remedy can be had, or take place, for the distressed Subjects in most Cases, only Papists, jesuits, Priests, and such others as propagate Popery or Arminianism, are countenanced, spared, and have much liberty, and from hence followed amongst others these dangerous Consequences. I. FIrst, the general hope and expectation of the Romish part, that their superstitious Religion will ere long be fully planted in this Kingdom again, and so they are encouraged to persist therein, and to practise the same openly in divers places, to the high dishonour of God, and contrary to the Laws of the Realm. II. Secondly, the discouragement and destruction of all good Subjects, of whom all Multitudes both Ciothiers, Merchants, and others, being deprived of their Ministers, and overburthen'd with these pressures, have departed the Kingdom to Holland, and other parts, and have drawn with them a great part of manufacture of Cloth and Trading out of the Land into other places, where they reside, whereby Wool, the great staple of the Kingdom, is become of small value and vends not, Trading is decayed, many poor people want work, Seamen lose employment, and the whole Land much impoverished, to the great dishonour of this Kingdom, and blemishment to the government thereof. III. The present wars and Commotions happened between his Majesty and his Subjects of Scotland, wherein his Majesty and all his Kingdom are endangered, and suffer greatly, and are like to become a prey to the common Enemy, in case the wars go on, which we exceedingly fear, will not only go on, but also increase to an utter Ruin of all, unless the Prelates with their dependencies be removed out of England, and also they and their practices, who, as we, under your Honour's favour, do verily believe and conceive, have occasioned the Quarrel. All which we humbly refer to the consideration of this Honourable Assembly, desiring the Lord of Heaven to direct you in the right way to redress all these evils. FINIS. The Resolution of the House of Commons touching the six Demands of the Scots, for restitution of their Losses and Damages. THis House thinks fit that a friendly Assistance and relief be given towards supply of the losses and necessities of the Scots, and in due time this House will take consideration both of the manner and measure of it. The Scottish Commissioners Answer to the resolution of the Parliament. AS we do with all thankfulness receive the friendly and kindly resolution of the Parliament concerning our Demands, we do therein acknowledge your Lordship's noble dealing, for which we may assure that the whole Kingdom of Scotland will at all occasions express themselves on all respect and kindness; so do we entreat your Lordships to present unto the Parliament, our earnest desire, that they may be pleased, howsoever their conveniency may serve to consider of the proportion, wishing still that as we expect from our friends the testimonies of their kindness & friendly Assistance, so the Justice of the Parliament may be declared in making the burden more sensible to the Prelates and Papists our Enemies, and Authors of all our evils, then to others, who never have wronged us, which will not only give unto us, and the whole Kingdom of Scotland the greater satisfaction, but will also (as we can conceive) conduce much to the honour of the King's Majesty, and Parliament. We do also expect that your Lordships will be pleased to report unto us the Answer of the Parliament, that we may in this as in the former Articles give Account to those who sent us. The Peers Demands upon the aforesaid Answer. We desire to understand since (as we conceive) the particulars are like to require much time, whether we may not from you let the Parliament know, that whilst they are debating of the proportion, and the ways how they find assistance may be raised, you will proceed to the agreeing to the Articles of a firm and durable peace, that thereby both time may be saved, and both sides proceed mutually with the more cheerfulness and alacrity. The Scottish Commissioners Answer to the Peers Demands. AS we desire a firm Peace, so is it our desire that this Peace may be with all mutual Alacrity speedily concluded; and therefore let's entreat you all to show the Parliament from us, that how soon they shall be pleased to make the proportion known to us, that we may satisfy the expectation of those who have instructed us, which we do conceive may be done in a short time, since they are already acquainted with all the particulars of our Demands, we shall stay no longer upon the manner and ways of raising the assistance, which may require a longer time, and yet we trust it will be with such conveniency as may serve for our two month's relief, but remitting the manner and ways to the opportunity of the Parliament, shall most willingly proceed to the considerations of the following Articles, especially to that which we most of all desire, a firm and settled Peace. 26. jan. 1640. FINIS. Articles of the House of Commons in Parliament, against Secretary WINDEBANKE. INprimis, Seventy four Letters of grace to Recusants, within this four years, signed with Secretary Windebankes own hand. 2 Sixty four Priests in the Gatehouse, within this four years discharged, for the most part, by Secretary Windebanke. 3 Twenty nine discharged by a verbal warrant of Secretary Windebanke. 4 A warrant to protect one Muffon, a condemned Priest, and all the houses he frequented. 5 One committed by the Kings own hand, and discharged by Secretary Windebanke, without signification of the King's pleasure therein. 6 A Petition of Saint Giles in the Fields, near London, to the King, of the increase of Popery in their Parish, wherein twenty one persons were seduced and turned by two Priests, the which Priests were both discharged by Secretary Windebanke. Die Lunae 21. Decembris. 1640. A Speech made by John Lord Finch, Lord Keeper of the great Seal of England, in the Commons house of Parliament. Master Speaker. I Do first present my most humble thanks to this Honourable Assembly, for this favour vouchsafed me, in granting me admittance to their presence, and do humbly beseech them to believe it is no desire to preserve myself or my fortune, but to deserve the good opinions of those that have drawn me hither. I do profess in the presence of him that knoweth all hearts, that I had rather go from door to door, and crave Da obulum Belizario, etc. with the good opinion of this Assembly, then live and enjoy all the honours and fortunes I am capable of. I do not come hither with an intention to justify my words, my actions, or my opinions; but to make a plain and clear narration for myself, and then humbly to submit to the wisdom and justice of this House myself, and all that concerns me. I do well understand (Master Speaker) with what disadvantage any man can speak in his own cause, and if I could have told how to have transmitted my thoughts and actions by a clearer representation of another (I do so much defy my own judgement in working, and my ways in expressing) that I should have been a most humble suitor, another might have done it. But this House will not take words, but with clear and ingennous dealing, and therefore I shall beseech them to think I come not hither with a set or studied Speech, I come to speak my heart, and to speak it clearly and plainly, and then leave it to your clemency and Justice, and I hope if any thing shall slip from me, to work contrary to my meaning, or intention, disorderly or ill placed, you will be pleased to make a favourable construction, and leave me the liberty of explanation, if there shall be any, but I hope there shall be no cause for it. I hope for my affection in Religion no man doubteth me, what my education, what and under whom for many years, is well known; I lived near 30 years in the Society of Gray's Inn: and if one that was a reverend Preacher in my time (Doctor Sibbs) were now alive, he were able to give testimony to this House, that when a party ill affected in Religion sought to weary him, and tire him out, he had his chiefest encouragement from me. I have now (Master Speaker) been 15 years of the King's Council, from the first hour to this minute, no man is able to say that ever I was Author, Advisor, or Consentor to any project. It pleased the King (my gracious Master) after I had served him divers years to prefer me to two places; to be chief Justice of the Common Pleas, and then Keeper of his great Seal, I say it in the presence of God, I was so far from the thought of the one, and from the ambition of the other, that if my Master his grace and goodness had not been, I had never enjoyed those Honours. I cannot tell (Master Speaker) nor I do not know what particulars there are that may draw me into your disfavour or ill opinion, and therefore I shall come very weakly armed, yet to those that either in my own knowledge, or by such knowledge as is given me, and not from any in this House, I shall speak somewhat, that I hope being truth, and accompanied with clearness and ingenuity, will at last procure some allay of that ill opinion which may perhaps be conceived of me. Master Speaker, I had once the Honour to sit in the place that you do: from the first time I came thither, to the unfortunate time, I do appeal to all that were here then, if I served you not with candour. Ill office I never did to any of the House, good offices I have witnesses enough I did many, I was so happy that upon an occasion which once happened, I received an expression and testimony of the good affection of this House towards me. For the last unhappy day I had a great share in the unhappiness and sorrow of it. I hope there are enough do remember, no man within the walls of this House did express more symptoms of sorrow, grief, and distraction than I did. After an adjournment for two or three days, it pleased his Majesty to send for me, to let me know that he could not so resolve of things as he desired, and therefore was desirous that there might be an adjournment for some few days more. I protest I did not then discern in his Majesty, and I believe it was not in his thoughts to think of the dissolving of this Assembly, but was pleased in the first place to give me a command to deliver his pleasure to the House for an adjournment for some few days, till the Monday following, as I remember, and commanded me withal to deliver his pleasure, that there should be no further speeches, but forth with upon the delivery of the Message come and wait upon him: he likewise commanded me if questions were offered to be put, upon my Allegiance I should not dare to do it, how much I did then in all humbleness reason with his Majesty, is not for me here to speak; only thus much let me say, I was no Author of any counsel in it, I was only a person in receiving commission. I speak not this as any thing I now produce or do invent, or take up for my own excuse, but that Which is known to divers, and some Honourable persons in this house to be most true. All that I will say for that is humbly to beseech you all to consider, That if it had been any man's cause as it was mine, between the displeasure of a gracious King, and the ill opinion of an Honourable Assembly. I beseech you lay all together, lay my first actions and behaviour with the last, I shall submit to your Honourable and favourable constructions. For the Shipping business, my opinion of that cause hath laid heavy upon me, I shall clearly and truly present unto you what every thing is, with this protestation, that if in reckoning up my own opinion what I was of, or what I delivered, any thing of it be displeasing, or contrary to the opinion of this House, that I am fare from justifying of it, but submit that and all other my actions to your wisdoms and goodness. Master Speaker, the first Writs that were sent out about Shipping business, I had no more knowledge of it, and was as ignorant as any one Member of this House, or any man in the Kingdom. I was never the Author nor Advisor of it, and will boldly say from the first to this hour, I did never advise nor counsel the setting forth of any Ship-writs in my life. Master Speaker, it is true that I was made chief Justice of the Common Pleas some four days before the Ship-writs went out to the Ports and Maritine places, as I do remember the 20 of October 1634. they do bear Teste, and I was sworn Justice the 16 of October, so as they went out in that time, but without my knowledge or privity, the God of heaven knows this to be true. Master Speaker, afterwards his Majesty was pleased to command my Lord chief Justice of the King's Bench, that then was, Sir Thomas Richardson, and chief Baron of the Exchequer that now is, and myself then chief Justice of the Common Pleas, to take into consideration the Precedents then brought unto us, which we did, and after returned to his Majesty what we had found out of those Precedents. It is true, that afterwards his Majesty did take into consideration, that if the whole Kingdom were concerned, that it was not reason to lay the whole burden upon the Cinque Ports and Maritine Townes. Thereupon, upon what ground his Majesty took that into his consideration, I do confess I do know nothing of it. His Majesty did command my Lord chief Justice that now is, my Lord chief Baron, and myself, to return our opinions; whether, when the whole Kingdom is in danger, and the Kingdom in general is concerned, it be not according to Law and reason, that the whole Kingdom, and his Majesty, and all interessed therein, should join in defending and preserving thereof. This was in time, about one 1634. In Michaelmas Term following, his Majesty commanded ●e to go to all the Judges, and require their opinions in particular. He commanded me to do it to every one, and to charge them upon their duty and allegiance, to keepest secret. Master Speaker, it was never intended by his Majesty (so professed by him) at that time, and so declared to all the Judges, that it was not required by him, to be such a binding opinion to the Subject, as to hinder him from calling it in question, nor to be binding to themselves, but that upon better reason, and advise they may alter it; but desired their opinions, for his own private reason. I know very well, that extrajudicial opinions of Judges ought not to be binding. But I did think, and speak my heart and conscience freely; myself, and the rest of the Judges being sworn, and by our Oaths tied to counsel the King when he should require advise of us, that we were bound by our oaths and duties to return our opinions. I did obey his Majesty's command, and do here before the God of heaven avow it. I did never use the least promise of preferment or reward to any, nor did use the least menacy; I did leave it freely to their own consciences and liberty; for I was left the liberty of my own by his Majesty, and had reason to leave them the liberty of their own consciences. And I beseech you be pleased to have some belief, that I would not say this, but that I know the God of heaven will make it appear; and I beseech you that extravagant speeches may not move against that which is a positive and clear truth. Master Speaker, in the discourse of this (as is between Judges, some small discourses sometimes) yet never any cause wherein any Judges conferred, that were so little conference as between me and them. Master Speaker, against a Negative, I can say nothing, but I shall affirm nothing unto you, but by the grace of God, as I affirm it to be true, so I make no doubt of making it appear to be so. This opinion was subscribed without Solicitation, there was not any man of us did make any doubt of subscribing our opinion, but two, Master Justice Hutton, and Master justice Crook. Master justice Crook made not a scruple of the thing, but of the introduction, for it was thus: That whereas the Ports & the Maritine Towns were concerned; there according to the Precedents in former times, the charge lay on them. So when the Kingdom was in danger, of which his Majesty was the sole judge; whether it was not agreeable to Law and reason, the whole Kingdom to bear the charge; I left this case with judge Crook. The next Term I spoke with him, he could give me no resolution, because he had not seen the Writs in former times, but did give his opinion, that when the whole King's doom was in danger, they of the defence ought to be borne by all. So of that opinion of his, there was no need of a Solicitation. I speak no more here, than I did openly in my argument in the Chequer Chamber. This is the naked truth: for Master justice Hutton, he did never subscribe at all. I will only say this, that I was so fare from pressing him to give his opinion, because he did ask time to consider of it, that I will boldly say, and make it good, that when his Majesty would have had him sometimes sent for, to give his opinion, I beseeched his Majesty to leave him to himself and his conscience; and that was the ill office I did. The judges did subscribe in November or December, 1635. I had no conference (nor truly I think) by accident any discourse with any of the judges touching their opinions; for till February 1636, there was no speech of it, for when they had delivered their opinions, I did return according to my duty to my Master the King, and delivered them to him: in whose custody they be in. In February 1636, upon a command that came from his Majesty, by one of the then Secretaries of State, the judges all assembled in Grayes-Inn, we did then fall into a debate of the case then sent unto us, and we did then return our opinion unto his Majesty; there was then much discourse and great debate about it. Mine opinion and conscience at that time was agreeable to that opinion I then delivered. I did use the best arguments I could, for the maintenance of my opinion; and that was all I did. It is true that then at that time, Master justice Hutton, and Master Justice Crook did not differ in the main point, which was this; When the Kingdom was in danger, the charge ought to be borne by the whole Kingdom. But in this point, whether the King was the sole Judge of the danger? they differed. So as there was between the first subscription, and this debate, and consultation, some 15 month's difference. It is true, that all of them did then subscribe, both Justice Hutton, and Justice Crook, which was returned to his Majesty, and after published by my Lord Keeper (my predecessor) in the Star-chamber. For the manner of publishing it I will say nothing, but leave it to those, whose memories will call to mind what was then done. The reason of the subscription of justice Hutton, and justice Crook, (though they differed in opinion) grew from this that was told them, from the rest of the judges, That where the greater number did agree in their vote, the rest were involved and included. And now I have faithfully delivered, what I did in that business, till I came (which was afterwards) to my argument in the Exchequer Chamber, for the question was, A scire facias issued out of the Exchequer, in that case of Master Hampdens; of which I can say nothing, for it was there begun, and afterwards rejourned, to have advice of all the judges. Master Speaker, among the rest (according to my duty) I argued the case. I shall not trouble you, to tell you what my argument was, I presume there are Copies enough of it; only I will tell you there are four things, very briefly, what I then declared. First, concerning the matter of danger, and necessity of the whole Kingdom. I profess that there was never a Judge in the Kingdom did deliver an opinion, but that it must be in a case of apparent danger. When we came to an argument of the case, it was not upon a matter or issue, but it was upon a demurrer. Whether the danger was sufficiently admitted in pleading, and therefore was not the thing that was in dispute, that was the first degree and step that led unto it. I did deliver myself as free and as clear as any man did, that the King ought to govern by the positive Laws of the Kingdom▪ that he could not alter nor change, nor innovate in matters of Law, but by common consent in Parliament. I did further deliver, that if this were used to make a further revenue or benefit to the King, or in any other way but in case of necessity, and for the preservation of the Kingdom, The judgement did warrant no such thing: My opinion in this business, I did in my conclusion of my argument submit to the judgement of this House. I never delivered my opinion, that money ought to be raised, but Ships provided for the defence of this Kingdom, and in that the Writ was performed. And that the charge ought not to be in any case, but where the whole Kingdom was in danger. And Master Justice Hutton, and Master justice Crook, were of the same opinion with me. I do humbly submit, having related unto you my whole carriage in this business, humbly submitting myself to your grave and favourable censures, beseeching you not to think that I delivered these things with the least intention to subvert or subject the common Law of the Kingdom, or to bring in, or to introduce any new way of government, it hath been fare from my thoughts, as any thing under the heavens. Master Speaker, I have heard too that there hath been some ill opinion conceived of me about Forrest business, which was a thing fare out of the way of my study, as any thing I know towards the Law. But it pleased his Majesty, in the sickness of Master Noy, to give some short warning to prepare myself for that employment. When I came there, I did both the King and Commonwealth acceptable service, for I did and dare be bold to say, with extreme danger to myself and fortune, (some do understand my meaning herein) run through that business, and left the Forest as much as was there. A thing in my judgement considerable for the advantage of the Commonwealth, as could be undertaken. When I went down about that employment, I satisfied myself about the matter of perambulation. There were great difficulties of opinions, what perambulation was. I did arm myself as well as I could, before I did any thing in it, I did acquaint those that were then judges, in the presence of the noble Lords, with such objections as I thought it my duty to offer unto them. If they thought they were not objections of such weight, as were fit to stir them, I would not do the King that disservice. They thought the objections had such answers as might well induce the like upon a conference with the whole Country, admitting me to come and confer with them, the Country did unanimously subscribe. It fell out afterwards, that the King commanded me, and all this before I was chief justice, to go into Essex, and did then tell me he had been informed, that the bounds of the Forest were narrower, then in truth they ought to be; and I did according to his command. I will here profess that which is known to many, I had no thought or intention of enlarging the bounds of the Forest, further than H. and that part about it, for which there was a perambulation about 26 Edward 4. I desired the Country to confer with me about it, if they were pleased to do it; and then according to my duty, I did produce those Records which I thought fit for his Majesty's service, leaving them to discharge themselves as by Law and Justice they might do. I did never in the least kind, go about to overthrow the charter of the Forest. And did publish and maintain Charta de Foresta, as a sacred thing, and no man to violate it, and aught to be preserved for the King and Commonwealth. I do in this humbly submit, and what I have done, to the goodness and Justice of this House. FINIS. Mr. Herbotle Grimstones second Speech in Parliament the 18. of December. 1640. Master Speaker. THere hath been presented to the house a most faithful and exact report of the conference we had with the Lords yesterday, together with the opinion of the Committees that we employed in the service, that they conceived it fit, that the Archbishop of Canterbury should be sequestered, and I must second the motion. And with the favour of this House, I shall be bold to offer my reasons, why I conceive it more necessary we should proceed a little further than the desire of a bare sequestration only. Master Speaker, long Introductions are not suitable to wa●ghty businesses: we are now fallen upon the great man, the Archbishop of Canterbury, look upon him as he is in highness, and he is the Sty of all pestilential filth that hath infected the State and Government of this Common wealth: Look upon him in his dependences, and he is the man, the only man that hath raised and advanced all those, that together with himself have been the Authors and Causers of all our ruins, miseries, and calamities we row groan under. Who is it but he only that hath brought the Earl of Strafford to all his great places and employments; a fit spirit and instrument to act and execute all his wicked and bloody Designs in these Kingdoms. Who is it but he only that brought in Secretary Windibank into this place of service of trust, the very Broker and Pander to the Whore of Babylon. Who is it Master Speaker, but he only that hath advanced all our Popish Bishops, I shall name but some of them, Bishop Manering, the Bishop of Bath and Wells, the Bishop of Oxford, and Bishop Wren, the least of all these birds, but one of the most unclean ones. These are the men that should have fed Christ's Flock, but they are the Wolves that have devoured them; the Sheep should have fed upon the Mountains, but the Mountains have eaten up the Sheep. It was the happiness of our Church, when the Zeal of God's house eat up the Bishops, glorious and brave Martyrs, that went to the Stake in defence of the Protestant Religion: but the Zeal of the Bishops hath been only to persecute and eat up the Church. Who is it Master Speaker but this great Archbishop of Canterbury, that hath sitten at the helm, to steer and to manage all the projects that have been set on foot in this Kingdom this ten year's last passed: and rather than he would stand out, he hath most unworthily trucked and chafered in the meanest of them; as for instance, that of Tobacco, wherein thousands of poor people have been stripped and turned out of their Trades, for which they have served as Apprentizes: we all know he was the Compounder and Contracter with them for the Licences, putting them to pay Fines, and a fee Farm rend to use their Trade certainly. Master Speaker, he might have spent his time much better, and more for his Grace in the Pulpit, than thus shirking and raking in the Tobacco-shops. Master Speaker, we all know what he hath been charged withal here in this house, crimes of a dangerous, consequence, and of a transcendent nature, no less than the subversion of the Government of this Kingdom, and the alteration of the Protestant Religion: and this is not upon bare information only, but much of it is come before us already upon clear and minifest proofs, and there is scarce any grievance or complaint come before us in this Place, wherein we do not find him intermentioned, and as it were twisted into it, like a busy angry Wasp, his sting is in the tail of every thing, we have likewise this day heard the report of the conference yesterday, and in it the accusation which the Scottish Nation hath charged him withal, and we do all know he is guilty of the same, if not more herein this Kingdom. Master Speaker, he hath been the great and common enemy of all goodness, and good men, and it is not safe that such a Viper should be near his Majesty's person, to distil his poison into his sacred ears, nor is it safe for the Commonwealth, that he sit in so eminent a place of government being thus accused; we know what we did in the Earl of strafford's case: this man is the corrupt fountain that hath infected all the streams, and till the Fountain be purged, we can never expect or hope to have clear 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 zeal and affection to the public good. I conceive it is most necessary and fit, that we should now take up a resolution to do somewhat, to strike while the iron is hot, and to go 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 we may bring up his charge. FINIS. A Message sent from the Queen's Majesty to the House of Commons by Mr. controller. 5ᵒ. Febr. 1640. THat her Majesty hath been 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 Majesty at that time writ effectually to the King, and sent a Gentleman expressly to persuade the King to the holding of a Parliament. That she hath since been most willing to do all good Offices between the King and his People, which is not unknown to divers of the Lords, and so shall ever continue to do, as judging it the only way of happiness to the King, herself, and Kingdom, That all things be justly settled between the King and his people, and all cause of misunderstanding taken away and removed. That her Majesty having taken a knowledge, that having one sent to her from the Pope, is distasteful to this Kingdom, She is desirous to give satisfaction to the Parliament, which is convenient time she will do, and remove him out of the Kingdom. That understanding likewise that Exception had been taken to the great resort to the Chapel of Denmark House, she will be careful not to exceed that which is convenient and necessary for the Exercise of her Religion. She further taketh notice, that the Parliament is not satisfied with the manner of raising money, for the assistance of the King in his Journey to the North, in the year 1639, at her entreaty from the Catholics. She was moved thereunto merely out of her dear and tender affection to the King, and of the Example of other his Majesty's Subjects, She seeing the like forwardness, she could not but express her forwardness to the assistance of the King. If any thing be illegal, she was ignorant of the Law, and was carried therein only 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 do any thing, but may stand with the established Laws of the Kingdom. Her Majesty being desirous to employ her whole power to unite the King and people, desireth the Parliament to look forwards, and pass by such mistakes and errors of her Servants, as may be formerly committed. And this your respect she promiseth, shall be repaid with all the good Offices she can do to the House, which you shall find with real effects, as often as there shall be occasion. FINIS. The Report of the King's Message by the Lords to the House of Commons. January 25. 1640. THat the occasion of his Majesty's taking knowledge of the Conviction of John Goodman the Priest lately reprived, was upon the constant order that hath been taken for divers years, that the Recorder hath at the end of every Sessions attended his Majesty with the names of the persons convicted, with an expression of their offences, to the end that his Majesty might be truly informed of the Natures of their Crimes, and consequently not to be enduced by information, to reprieve such as were fit for grace and mercy: And thereupon that he was lately Condemned for being in order of a Priest merely, and was acquitted of the Charge of perverting the King's people in their belief, and had never been Condemned or Banished before, His Majesty is tender in matter of blood in Cases of this nature, In which Queen Elizabeth and King James have been often merciful: but to secure his people that this man shall do no more hurt, He is willing that he be imprisoned or banished as their Lordships shall advise. And if he return into the Kingdom, to be put to Execution without delay. And He will take such fit course for the expulsion of other Priests and Jesuits, as He shall be counselled unto by your Lordships, And that He doth not intent by this particular Mercy, to lessen the force of the Laws. FINIS. SIR THOMAS ROE his Speech in Parliament, 1640. IT is a general 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 Kingdom doth increase in riches: for the Trade may by very abundant, and yet, by consumption and importance of more than is expected, the stock may waste. The Balance 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 uncertain. Therefore we must seek another rule that is more sensible, upon which we may all judge, and that may be by the plenty or scarcity of money; for it is a true rule, If money increase, the Kingdom doth gain 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 means it is drained, 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 travail without Licence, that is visible beyond Seas, and every receiver of sums of money must find it privately: and I fear the same of Silver; for, observing the species of late Coining, many half Crowns were stamped which are no more to be seen; and by this measure I conclude the Kingdom grows poor. The causes of this decay of Money may be many: It may be stolen out for profit, going much higher beyond Seas, especially in France and Holland. Much hath been drawn away by the Stranger upon fears of our Troubles, of which I have experience by Exchanges, and Exchanges are the great mystery, especially such as are used as a Trade, and governed by Bankers, who make many returns in a year, and gain by every one more than the interest of a year; and the greatest danger to a State is, when money is made Merchandise, which should be but the measure thereof. And here I will propose a Problem, Whether it were profitable to a Kingdom or not, that the Stranger for many years had a great stock here at interest, and still hath some. I confess it hath supplied the necessities of Merchants, and helped to drive Trade: But my Quaere is this, Suppose the first principal were truly brought in by the Stranger, yet, doubling every ten years, what becomes of the increase? Have they not lived by our Trade and the Merchant-adventurers, and soaked the Kingdom of as many times principal as they have practised this Usury many times ten years, and in the end drawn or carried all away? This is a point to a State very considerable. Much Coin hath been drawn away without doubt by the French, who have brought in Wares of little bulk, perhaps without custom, but of dear price; and having turned them into Gold, have returned without investing any part thereof; and such petty Merchants cannot be reached by the Statute of employments. Another cause of scarcity of Coin may be the over strict rule of the uncurrentnesse of any good Coin, and that it must be sold here as bullion: in that case what Stranger will bring in money? Whereas, if every good species were current according to his allay and weight in proportion to our Coin, or rather a little higher, it would draw (namely) money by degrees into England, as lower grounds do water from higher, though they see not the Channels. And we see France, Holland, and Germany, admit all good Coins, though foreign, for and above their intrinsique value. But I will end this search by proposing some general Remedies, for I do now but make Essays and give occasion to more subtle and particular disquisition. 1. To the first leak of steading away Coin, I would make it felony by an Act: for if a man may justly suffer death for robbing of a private man, I see no injustice nor cruelty to inflict the same punishment upon him that robs a Kingdom. 2. That the neighbour Princes and States do cry up our money, and so entice it from us, This in my judgement ought to be provided for by our Treaties, which was the old way, especially of Commerce, by agreeing and publishing of Placarts according to a true Par: For that Prince that will make a treaty of Commerce, doth it for the use of the commodity; which certainly I would deny any Prince that would not consent to keep monies even by their true values, at least, that would set a higher price upon our money then the King hath done: And if our Coin did either keep beyond the Sear the English value, or were bullion and uncurrent, the stranger should have as little of our money, as we have of theirs. How to recover the stranger's money, drawn away since our troubles, is a hard endeavour, and can no ways be brought to pass but by peace and Trade: and the resolution of this will fall into the general remedy which I shall propose. The peddling French Trade must be met with by diligent search at the landing of these Creamers, what they bring in, and by suffering none of them to pass any goods by private Warrants: but that according as they shall be valued, they give bond to invest it in English Commodity, natural, or naturalised, and that with surety: Nay in this Case not to allow them exchange by bills; for it will not hurt the Commonwealth if by any rigour they were beaten out of their private toyish traffic. I shall not doubt to offend any but the Mint, which may be recompensed to his Majesty in his customs, if money be plentiful; for all goods will follow money. If I did propose the currentnesse of all goods, and great species of foreign Coins, for their true intrinsique value, according to the pay with ours, and if I say a little higher, according to occasions, keeping our own Coin pure and constant to be cried down as much under according to occasions, I think it will be a policy both reasonable and profitable, by experience tried in other States. But leaving these Empirical practices, I come now to the great and infallible Rule and Remedy, which is, in plain English, to settle and assure the ground of Trade upon staple Commodities; then, like the Lady of Whitsuntide to her Pipe, money will dance after that; for as Merchandise doth follow money, so doth money Commodity. I said at first, it was a general opinion, that Trade never flourished more than now, and it may be so; but we must consider this be not accidental and changeable, and depending more upon the iniquity or misery of the times, then upon our own Foundation and industry; and if that be so, than it is no suit ground for a state to rely upon; for if the causes change, the effects will follow. Now it is true, that our great Trade depends upon the troubles of our Neighbours, and we enjoy almost the Trade of Christendom; but if a peace happen betwixt France, Spain, and the united Provinces, all these will share what we now possess alone, and therefore we must provide for that day; for nothing stands secure but upon his own foundation. To make then our own Trade secure, we must consider our own staple commodities▪ whereof Wool is the chiefest, and seek the way to both, to keep up the price at home, and the estimation of all commodity made of that, and to be vented abroad. Some other helps we have, as Tin Led, and such like; but I dare confidently affirm, That nothing exported of our own growth hath balanced our Riotous consumption at home, but those foreign commodities, which I call naturalised, that is, that surplus of our East-India Trade, which being brought home in greater quantity than are spent within the Kingdom, are exported again, and become in value and use as natural commodities and therefore by the way, I hold it absolutely necessary to maintain that Trade by a Regulation with the Dutch; of which more reason shall be given, when that particular shall be taken into consideration. We have yet another great help which is our own, and wants only our industry to gather the harvest, which is ou● Fishing and erecting of Bustes, both for the enriching of our Kingdom, and the breeding of Mariners; and this by private industry (though to private less) is beaten out ready, and shall be offered to the Commonwealth, if they please to accept of it: and to give you one only encouragement, I do avow that before the Dutch were lately interrupted by the Dunkirks, by their industry, and our fish, they made as great Returns between Danzig and Naples as the value of our Cloth, which is one million yearly: and this in a due place I desire should have his due weight and consideration. We have one help more, if we knew how to use it, that is, by the new drained Lands in the Fens, most fit for Flax and Hemp, to make all sorts of Linen for the body, for the house, and sails for ships, that is a Dutch and French Trade; but in Holland one Acre of Ground is rent at three pounds, which if the Hollanders may have in the Fens for 10. s. or 12. s. it will be easy to draw the manufacture into England, which will set infinite people a-work, and we may be able to serve other Nations with that which we buy dear from them, and then the state and Kingdom will be happy and rich, when the King's customs shall depend upon commodities exported, and those able to return all things which we want; and then our money must stay within our Kingdom, and all the trade return in money. To encourage you to this, I give you one Example, That, if the several sorts of Calicoes, made of Cotton-Woolls in the Moguls and Dans Dominions, doth clothe from head to foot all Asia, a part of Europe, Egypt, much of Africa, and the Eastern Islands as fare as Sumatra, which makes that Prince without Mines the richest Prince in the world; by his Majesty's Grace and Privileges granted to the Dutch, I am confident we may make an undersell in all Linen clothe in all the Nations in Europe. But I have now wandered far from my Theme, which was the decay of Trade and of Woollen commodity. I must first therefore present to your consideration the causes thereof in my observations; whereof some are internal, and some external. The internal have proceeded from her own false making, as stretching, and such like practices, whereby indeed our Cloth is discredited: I speak by experience, from Danzig and Holland, Northward, to Constantinople; as I will instance in due time. This false Lucre of our own, and the interruption in the dying and dressing (projected and not overcome) gave the first wound, though, could it have been compassed, it had doubled the value of our Commodity. This hath caused the Dutch, Silesians and Venetians to attempt the making of Cloth, and now, by experience (as I am informed) the half is not vented, that was in the former Age. Another internal cause hath risen from such Impositions, as hath made our cloth too dear abroad, and consequently taught others to provide for themselves. Another internal cause hath sprung from pressaries upon tender Consciences, that many of our Clothiers and others have forsaken the Kingdom, and carried their Arts with them, to the unexpressible detriment of the Commonwealth. The external causes have been the want of perfection, and countenance to our Merchants established abroad in Factories by the State and by the Treaties, whereby the Capitulations have not been kept nor assured unto them, neither in Prussia, nor in the Sound, nor Hamburgh, nor Holland, nor in the East: And this I dare say, that Laban never changed jacob's wages, so often as the Hollanders have forced our Merchants to change their residences, and the very course of this Trade by Laws and Tricks for their own advantage; of which the Merchant-adventurers will more fully inform you. Another external cause is lamentable, Report, the increase of the Pirates, and the insecurity of the Mediterranean Seas; whereby Bristol and the Western Ports, that cannot have so great shipping as London, are beaten out of Trade and fishing: and if once those Thiefs shall find the way to Bank and newfound Land, they will undo the West parts of England. I will trouble you with a Consideration very considerable in our Government, Whether indeed London doth not monopolise all Trade. In my opinion it is no good state of a body to have a fat Head, thin Guts, and lean Members. But to bring something before you of Remedy, I say thus for my first ground, That if our Cloth be not vented as in former years, let us embrace some other way to spend and vent our Wools. Cloth is a heavy and hot wearing, and serves but one cold corner of the World: But if we embrace the new Draperies, and encourage the Walloons and others, by Privileges and Naturalizations, we shall employ all the wool we have, set more people a work then by Cloth, and a pound of wool in those stuffs true made, will out-sell two pounds in Cloth. And thus we may supply France, Italy, Spain, Barbary, and some parts of Asia, by such light and fine stuffs as will fit those warmen Regions, and et have sufficient for the cold Climates to be spent and adventured in true made Cloth, by the reputation both of our Nation and commodity. But in this course, I must observe, that these strangers so fit to be nourished, and being Protestants, may have privileges to use their own rights in Religion, so as they be not scandalous, as the Dutch and French had granted unto them by Queen Elizabeth. And certainly the settling of Religion secure in England, the fear whereof made many weak minds to waver and abandon this Country, is, and will be a great means to resettle both the great and lesser manufactures of woollen commodities. For the external causes, we must fly to the Sanctuary of his Majesty's gracious goodness and protection, who, I am confident, when the whole business shall be prepared for him, and that we have showed him our duty and love and settled his customs in such a bountiful way as he may reap his part of the fruit of Trade; I am confident, I say, that he will vouchsafe you all favour fit to be conferred upon good Subjects, and not only protect you abroad by his forces and authority, and by treaties with his neighbours, but by increasing the privileges of Merchants at home, and confirming all their Charters; the breach whereof hath been a great discouragement unto them, and without which duly observed, they cannot regulate their Trade. There are some particulars in the Spanish Trade, perhaps worthy of animadversion, as underselling good commodity to make money, or barter for Tobacco, to the imbasement of our own Staple for Smoke, which in a due place ought to be taken into Regulation. Another consideration for a ground for Trade, aught to be the nature of it, with whom, and for what we trade, and which Trade is more principally to be nourished, which, out of doubt, are the Northern Trades, which are the root of all other, because the materials brought from those parts, as from Wx, Muscove, Norway, Prussia, and Livonia, are fundamental and of absolute necessity; for from these Trades we get the materials of Shipping, as Pitch, Tar, Cordage, Masts, and such like, which enable us to all the Southern Trades of themselves, of less use, being only Wine, Fruit, Oranges and Curiosities for Sauces or effeminacy; but by these, we sail to the East-Indies, and may erect a Company of the West-Indies, for the golden fleece, which shall be prepared for you, whensoever you are ready for so great a Consultation. The right way to nourish these North●●●e Trades, is by his Majesty's favour to press the King of Denmark to Justice, not to come as his intolerable. Taxes newly imposed upon Trade in the passage of the Sound; in Examples whereof, the Elector of Brandenburg joining with the King of Poland, hath likewise more than trebled the ancient and capitulated Duties; which if that they shall continue, I pronounce all the Commerce of the Baltique Sea so overburdened, That the East-land Company cannot subsist, nor without them and the Muscovie Company the Navigation, but that the materials for shipping will be doubled, which will eat out all Trades. I have given you but Essays, and strooke little sparks of fire before you. My intention is but to provoke the wit and ability of others; I have drawn you a Map, wherein you cannot see things clearly and distinctly, only I introduce matter before you: and now I have done, when I have showed you the way how to enlarge and bring every particular thing into debate. To which end, my motion and desire is this, That we may send to every several Company of Merchants trading in Companies, and under Government and Privileges, and to ask of them, what is their Grievances in their general Trade (not to rake into private Complaints, what are the causes of decay or abuses in their Trades, and of the want of money, which is visible and of the great losses, both to the Kingdom and to every particular, by the late high exchanges; and to desire every one of these Companies to set down their judgement in writing to the Committee by a day appointed; and having from them all the general state of the complaints severally, we shall make some judgements of these relations one to another this done I desire to require all the same several Companies, upon their own papers, to propose to us in writing the Remedies appliable in their judgement; which materials having all together, and comparing one with another we shall discover that truth which we seek; that is, whether Trade and Money decay or not, and how to remedy it. But I have one request more and so I will ease you of my loss of your time: That when from all these Merchants we shall have before us so much matter and without such variety and perhaps not without private and partial ends, that then you will give me leave to represent to you the names of some general and others disinteressed and well experienced in many particulars, who may assist our judgements in all the premises, particularly in moneys and exchanges, and give us great light to prepare our result and resolution to be by the whole House of Commons represented to his Majesty, and for expedition, that a sub-Committee, may be named to direct this Information from the Merchants. THE LORD FAUKLAND His SPEECH, Concerning EPISCOPACY. MASTER SPEAKER, he is a great stranger in Israel who knows not that this Kingdom hath long laboured under many and great oppressions, both in religion and liberty: and his acquaintance here is not great, or his ingenuity less, who doth not both know and acknowledge that a great, if not a principal, cause of both these have been some Bishops and their adherents. Master Speaker, a little search will serve to find them to have been the destruction of unity; under pretence of uniformity, to have brought in superstition and scandal; under the titles of reverence and decency, to have defiled our Church; by adorning our Churches, to have slackened the strictness of that union which was formerly between us and those of our religion beyond the sea; an action as unpoliticke as ungodly. Master Speaker, we shall find them to have Tithed Mint and Anise, and have left undone the weightier works of the Law; to have been less eager upon those who damn our Church, then upon those who, upon weak conscience, and perhaps as weak reasons (the dislike of some commanded garment, or some uncommanded posture) only abstained from it. Nay, it hath been more dangerous for men to go to some neighbour's Parish, when they had no sermon in their own, then to be obstinate and perpetual Recusants; while Masses have been said in security, a conventicle hath been a crime, and which is yet more, the conforming to ceremonies hath been more exacted than the conforming to Christianity; and whilst men for scruples have been undone, for attempts upon Sodomy they have only been admonished. Master Speaker, we shall find them to have been like the hen in Aesop, which laying every day an egg upon such a proportion of barley, her Mistress increasing her proportion in hope she would increase her eggs, she grew so fat upon that addition, that she never laid more: so though at first their preaching were the occasion of their preferment, they after made their preferment the occasion of their not preaching. Master Speaker, we shall find them to have resembled another fable, the dog in the manger; to have neither preached themselves, nor employed those that should, nor suffered those that would: to have brought in catechising only to thrust out preaching, cried down Lectures by the name of Factions, either because their industry in that duty appeared a reproof to their neglect of it, (not unlike to that we read of him, who in Nero's time and Tacitus his story was accused, because by his virtue he did appear Exprobrare vitia Principis) or with intention to have brought in darkness, that they might the easier sow their tares, while it was night; and by that introduction of ignorance, introduce the better that Religion which accounts it the Mother of devotion. Master Speaker, in this they have abused his Majesty, as well as his people, for when they had with great wisdom (since usually the children of darkness are wiser in their generation then the children of light; I may guess not without some eye upon the most politic action of the most politic Church) silenced on both parts those opinions which have often tormented the Church, and have, and will always trouble the schools, they made use of this declaration to tie up one side, and let the other lose, whereas they ought either in discretion to have been equally restrained, or in justice to have been equally tolerated. And it is observable, that that party to which they gave this licence, was that whose doctrine, though it were not contrary to law, was contrary to custom, and for a long while in this Kingdom was no oftener preached than recanted. The truth is, Master Speaker, that as some ill Ministers in our state first took away our money from us, and after endeavoured to make our money not worth the taking, by turning it into brass by a kind of Antiphilosophers-stone: so these men used us in the point of preaching, first depressing it to their power, and next labouring to make it such, as the harm had not been much, if it had been depressed, the most frequent subjects even in the most sacred auditories, being the Jus divinum of Bishops and tithes, the sacredness of the clergy, the sacrilege of impropriations, the demolishing of puritanism and propriety, the building of the prerogative at Paul's, the introduction of such doctrines, as, admitting them true, the truth would not recompense the scandal; or of such as were so far false, that, as Sir Thomas Moor says of the Casuists, their business was not to keep men from sinning, but to inform them Quam propè▪ ad peccatum sine peccato liceat accedere: so it seemed their work was to try how much of a Papist might be brought in without Popery, and to destroy as much as they could of the Gospel, without bringing themselves into danger of being destroyed by the Law. Master Speaker, to go yet further, some of them have so industriously laboured to deduce themselves from Rome, that they have given great suspicion that in gratitude they desire to return thither, or at least to meet it half way: Some have evidently laboured to bring in an English, though not a Roman popery: I mean not only the outside and dress of it, but equally absolute; a blind dependence of the people upon the Clergy, and of the Clergy upon themselves; and have opposed the papacy beyond the sea, that they might settle one beyond the water. Nay, common fame is more than ordinarily false, if none of them have found a way to reconcile the opinions of Rome to the preferments of England; & be so absolutely directly and cordially Papists, that it is all that fifteen hundred pounds a year can do to keep them from confessing it. Master Speaker, I come now to speak of our liberties; and considering the great interest these men have had in our common Master, and considering how great a good to us, they might have made that interest in him, if they would have used it to have informed him of our general sufferings; and considering how little of their freedom of Speech at Whitehall might have saved us a great deal of the use we have now of it in the Parliament-house, their not doing this alone were occasion enough for us to accuse them as the betrayers, though not as the destroyers of our rights and liberties: Though, I confess, if they had been only silent in this particular, I had been silent too; But, alas, they whose Ancestors in the darkest times excommunicated the breakers of Magna charta, did now by themselves, and their adherents, both writ, preach, plot, and act against it, by encouraging Doctor Beale, by preferring Doctor Mannering, appearing forward for Monopolies and ship-money: and if any were slow and backward to comply, blasting both them and their preferment, with utmost expression of their hatred, the title of Puritans. Master Speaker, we shall find some of them to have laboured to exclude both all persons, and all causes of the Clergy, from the ordinary jurisdiction of the temporal Magistrate, and by hindering prohibitions (first by apparent power against the Judges, and after by secret agreements with them) to have taken away the only legal bound to their arbitrary power, and made as it were a conquest upon the common law of the Land, which is our common inheritance; and after made use of that power to turn their brethren out of their free-holds, for not doing that which no law of man required of them to do; and which (in their opinions) the law of God required of them not to do. We shall find them in general to have encouraged all the Clergy to suits, and to have brought all suits to the Council-table, that having all power in Ecclesiastical matters, they laboured for equal power in Temporal, and to dispose as well of every Office, as of every Benefice; which lost the Clergy much revenue, and much reverence, (whereof the last is never given when it is so asked,) by encouraging them indiscreetly to exact more of both than was due; so that indeed the gain of their greatness extended but to a few of that order, though the envy extended upon all. We shall find of them to have both kindled & blown the common fire of both nations, to have both sent and maintained that book, of which the Author no doubt hath long since wished with Nero, utinam nescissem literas! and of which more than one Kingdom hath cause to wish, that when he writ that, he had rather burned a Library, though of the value of ptolemy's. We shall find them to have been the first and principal cause of the breach, I will not say of, but since the pacification at Berwick. We shall find them to have been the almost sole abettors of my Lord of Strafford, whilst he was practising upon another Kingdom that manner of government which he intended to settle in this, where he committed so many, so mighty, and so manifest enormities and oppressions, as the like have not been committed by any Governor in any government, since Verres left Sicily. And after they had called him over from being Deputy of Ireland, to be in a manner Deputy of England, (all things here being governed by a Juntillo, and that Juntillo governed by him) to have assisted him in the giving of such Counsels, and the pursuing of such courses, as it is a hard and measuring cast, whether they were more unwise, more unjust, or more unfortunate, and which had infallibly been our destruction, if by the grace of God, their share had not been as small in the subtlety of Serpents, as in the innocency of Doves. Master Speaker, I have represented no small quantity, and no mean degree of guilt; and truly I believe that we shall make no little compliment to those, and no little apology for those to whom this charge belongs, if we shall lay the faults of the men upon the order of the Bishops, upon the Episcopacy. I wish we may distinguish between those, who have been carried away with the stream, and those who have been the stream that carried them; between those whose proper and natural motion was towards our ruin and destruction, and those who have been whirled about to it, contrary to their natural motion, by the force and swinge of superior Orbs: and as I wish we may distinguish between the more and less guilty; so I yet more wish we may distinguish between the guilty and the innocent. Master Speaker, I doubt, if we consider that if not the first Planters, yet the first Spreaders of Christianity, and the first and chief Defenders of Christianity against Heresies within, and Paganism without, both with their ink and with their blood; and the main conducers to the resurrection of Christianity, (at least) here in the reformation (and we own the light of the Gospel, we now enjoy to the fire they then endured for it,) were all Bishops: and that even now in the greatest perfection of that order, there are yet some who have conduced in nothing to our late innovations, but in their silence; some, who in an unexpected and mighty place and power, have expressed an equal moderation and humility, being neither ambitious before, nor proud after, either of the Crosiers staff, or white staff: some who have been learned opposers of Popery, and zealous opposers of Arminianism▪ between whom, and their inferior Clergy, in frequency of preaching hath been no distinction; whose lives are untouched, not only by guilt, but by malice; scarce to be equalled by those of any condition, or to be excelled by those in any Calendar. I doubt not, I say, but if we consider this, this consideration will bring forth this conclusion, That Bishops may be good men, and let us give but good men good rules, we shall have both good governor's and good times. Master Speaker, I am content to take away all those things from them which, to any considerable degree of probability, may again beget the like mischiefs, if they be not taken away. If their temporal titles, power and employment, appear likely to distract them from the care of, or make them look down with contempt upon their Spiritual duty, and that the too great distance between them and those they govern will hinder the free and fit recourse of their inferiors to them, and occasion insolence from them to their inferiors; let that be considered, and cared for; I am sure neither their Lordships, their judging of tithes, wills and marriages, no nor their voices in Parliaments are Jure divino; and I am as sure that these titles, and this power are not necessary to their authority, as appears by the little they have had with us by them, and the much that others have had without them. If their revenue shall appear likely to produce the same effects, (for it hath been anciently observed that Religio peperit divitias, & Filia devoravit matrem;) let so much of that, as was in all probability intended for an attendant upon their temporal dignities, wait upon them out of the doors: Let us only take care to leave them such proportions, as may serve in some good degree to the dignity of learning, and the encouragement of students; and let us not invert that of Jeroboam, and as he made the meanest of the people Priests, make the highest of the Priests the meanest of the people. If it be feared that they will again employ some of our Laws with a severity beyond the intention of those Laws against some of their weaker Brethren; that we may be sure to take away that power, let us take away those Laws, and let no ceremonies which any number counts unlawful, and no man counts necessary (against the rules of Policy, and Saint Paul) be imposed upon them. Let us consider, that part of the rule they have hitherto gone by, that is, such Canons of their own making as are not confirmed by Parliament, have been, or, no doubt, shortly will be by Parliament taken away: that the other part of the rule (such Canons as were here received before the reformation, and not contrary to any law,) is too doubtful to be a fit rule, exacting an exact knowledge of the Canon-law, of the Common-law, of the Statute-law knowledges, which those who are thus to govern have not, and it is scarce fit they should have. Since therefore we are to make new rules, and shall, no doubt, make those new rules strict rules, and be infallibly certain of a triennial Parliament, to see those rules observed as strictly as they are made, and to increase or change them upon all occasions; we shall have no reason to fear any innovation from their tyranny, or to doubt any defect in the discharge of their duty: I am confident, they will not dare, either ordain, suspend, silence, excommunicate, or deprive otherwise, than we would have them. And if this be believed, I am as confident, we shall not think it fit to abolish, upon a few day's debate, an Order which hath lasted (as appears by story) in most Churches these sixteen hundred years, and in all from Christ to Calvin; or in an instant change the whole face of the Church, like the scene of a Mask. Master Speake●, I do not believe them to be Jure divino, nay, I believe them not to be Jure divino, but neither do I believe them to be Injuriâ humariâ. I neither consider them as necessary, nor as unlawful, but as convenient or inconvenient: but since all great mutations in government are dangerous, (even where what is introduced by that mutation, is such as would have been very profitable upon a primary foundation) and since the greatest danger of mutations is, that all the dangers and inconveniences they may bring are not to be foreseen; and since no wise man will undergo great danger but for great necessity; my opinion is, that we should not root up this ancient tree, as dead as it appears, till we have tried whether by this, or the like lopping of the branches, the sap which was unable to feed the whole, may not serve to make what is left, both grow and flourish. And certainly, if we may at once take away both the inconveniences of Bishops and the inconvenience of no Bishops, that is of an almost universal mutation; this course can only be opposed by those who love mutation for mutations sake. Master Speaker, to be short (as I have reason to be after having been so long,) that this trial may be suddenly made, let us commit as much of the Ministers remonstrance, as we have read, that those heads both of abuses and grievances which are there fully collected, may be marshaled and ordered for our debate: if upon that debate it shall appear, that those may be taken away, and yet the Order stand, we shall not need to commit the London Petition at all: for the cause of it will be ended; if it shall appear, that the abolition of the one cannot be but by the destruction of the other, then let us not commit the London Petition; but let us grant it. Mr. PYM His SPEECH, After the Articles of the Charge against the Earl of STRAFFORD were read. My LORDS, THese Articles have expressed the Character of a great and dangerous Treason; such a one as is advanced to the highest degree of malice and of mischief: It is enlarged beyond the limits of any description or definition: it is so heinous in itself, as that it is capable of no aggravation: a Treason against God, betraying his Truth and Worship; against the King, obscuring the glory, and weakening the foundation of his Throne; against the Commonwealth, by destroying the principles of Safety and Prosperity. Other Treasons are against the Rule of the Law; this is against the being of the Law: It is the Law that u●●es the King and his People; and the Author of this Treason hath endeavoured to dissolve that Union, even to break the mutual, irreversall, indissoluble band of protection and Allegiance, whereby they are, and I hope ever will be, bound together. If this Treason had taken effect, our Souls had been enthralled to the Spiritual Tyranny of Satan, our Consciences to the Ecclesiastical Tyranny of the Pope; our Lives, our Persons and Estates to the Civil Tyranny of an arbitrary, unlimited, confused Government. Treason in the least degree, is an odious and a horrid Crime: other Treasons are particular; if a Fort be betrayed, or an Army, or any other treasonable fact committed, the Kingdom may outlive any of these: this Treason would have dissolved the frame and being of the Commonwealth; it is an Universal, a Catholic Treason; the venom and malignity of all other Treasons are abstracted, digested, sublimated into this. The Law of this Kingdom makes the King to be the fountain of Justice, of Peace, of Protection; therefore we say, the King's Courts the King's Judges, the King's Laws. The Royal Power and Majesty shines upon us in every public blessing and benefit we enjoy: but the Author of this Treason would make him the fountain of Injustice, of Confusion, of public misery and calamity. The Gentiles by the light of Nature had some obscure apprehensions of the Deity, of which they made this expression, that he was Deus optimus maximus, an infinite goodness, and an infinite greatness. All sovereign Princes have some Characters of Divinity imprinted on them; they are set up in their dominions to be Optimi, Maximi, that they should exercise a goodness proportionable to their greatness. That Law term, Laesa Majestas, whereby they express that which we call Treason, was never more thoroughly fulfilled then now: there cannot be a greater laesion or diminution of Majesty, then to bereave a King of the glory of his goodness. It is goodness (My Lords) that can produce, not only to his people, but likewise to himself honour and happiness. There are Principalities, Thrones and Dominions amongst the Devils, greatness enough; but being uncapable of goodness, they are made uncapable both of honour and happiness. The Laws of this Kingdom have invested the Royal Crown with power sufficient for the manifestation of his goodness and of his greatness: if more be required, it is like to have no other effects but poverty, weakness, and misery, whereof of late we have had very woeful experience. It is fare from the Commons to desire any abridgement of those great Prerogatives which belong to the King; they know that their own Liberty & Peace are preserved and secured by his Prerogative, & they will always be ready to support and supply his Majesty with their lives and fortunes, for the maintenance of his just and lawful Power. This (My Mords) is in all our thoughts, in our prayers, and I hope will so be manifested in our endeavours, that if the proceed of this Parliament be not interrupted as others have been, the King may within a few months be put into a clear way, of as much greatness, plenty and glory, as any of his Royal Ancestors have enjoyed. A King and his People make one Body: the inferior parts confer nourishment and strength, the superior sense and motion: If there be an interruption of this necessary intercourse of blood and spirits, the whole Body must needs be subject to decay and distemper; therefore obstructions are first to be removed, before restoratives can be applied. This (My Lords) is the end of this Accusation, whereby the Commons seek to remove this person, whom they conceive to have been a great cause of the obstructions betwixt his Majesty and his People: for the effecting whereof, they have commanded me to desire your Lordships, that their proceed against him may be put into as speedy a way of dispatch, as the courses of Parliaments will allow. First, that he may be called to answer, and they may have liberty to reply; that there may be a quick and secret examination of witnesses, and they may from time to time be acquainted with the depositions; that so when the cause shall be ripe for Judgement, they may collect the several Examinations, and represent to your Lordships in one entire Body the state of the Proofs, as now by me they have presented to you the state of the Charge. Mr. PYM his SPEECH, After the Articles of the Charge against Sr. GEORGE RATCLIFFE were read. My LORDS, BY hearing this Charge, your Lordships may perceive what near conjunction there is between this Cause and the Earl of strafford's: the materials are (for the most part) the same in both: the offences of the Earl moving from an higher Orb, are more comprehensive, they extend both to England and Ireland; these (except in one particular of reducing of England by the Irish Army) are confined within one Kingdom; the Earl is charged as an Author, Sir GEORGE RATCLIFFE as an Instrument and subordinate Actor. The influences of superior Planets are often augmented and enforced, but seldom mitigated by the concurrence of the inferior, where merit doth arise not from well-doing, but from ill; the officiousness of ministers will rather add to the malignity of their Instructions, then diminish it, that so they may more fully ingratiate themselves with those upon whom they depend. In the crimes committed by the Earl there appears more haughtiness and fierceness, being acted by his own principles; those motions are ever strongest which are nearest the Primum mobile: But in those of Sir GEORGE RATCLIFFE there seems to be more baseness and servility, having resigned and subjected himself to be acted by the corrupt will of another. The Earl of STRAFFORD hath not been bred in the study and practice of the Law, and having stronger lusts and passions to incite, and less knowledge to restrain him, might more easily be transported from the Rule; Sir GEORGE RATCLIFFE in his natural temper and disposition more moderate, and by his education and profession better acquainted with the grounds and directions of the Law, was carried into his offences by a more immediate Concurrence of will, and a more corrupt suppression of his own Reason and Judgement. My Lords, as both these have been partners in offending: so it is the desire of the Commons, they may be put under such trial and examination, and other proceed of justice as may bring them to partake in a deserved punishment, for the safety and good of both Kingdoms. Mr SPEAKERS SPEECH, At the presenting of these three BILLS, viz. An Act For the shortening of Michaelmas Term. For the pressing of Mariners for the King's Ships. For the remainder of the six entire Subsidies. May it please your most excellent Majesty, THE great security of the Kingdom rests in the happy concurrence of the King and people in the unity of their hearts. These joined, safety and plenty attends the Sceptre; but divided, distraction and confusion, as Briers and Thorns, overspreads, and makes the Land barren. No peace to the King, No prosperity to the people. The duties and affections of your subjects are most transparent, most clear, in the cheerful and most▪ liberal contributions, given to knit fast this union with the bond of peace. The treasures of the privy Purse, are but the supplies of Fancies, warranted by a common Interest; But the public Tribute given by common assent, supports Royal Dignity, is sheltered under the wings of Prerogative, and by that power covered from the eyes, from the touch of deceivers. In these we render Caesar what is due to Caesar, and tribute to whom tribute belongeth. The proper inscription of the Crown is born here, and censures those malignant spirits that dare whisper into the ears of sacred Majesty, that ourselves only, not your sacred person, not your Royal posterity, are the supreme objects of the givers. The preservation of the public union, the supply of your Armies, the distresses, miserable distresses of the Northern parts, the common calamities of the times begat the consideration of this Bill (the remainder of the six entire Subsidies happily presented to your sacred Majesty by this unworthy hand) the first vote advanced a credit to us to issue them for the use of your sacred Majesty. The full perfection adds growth to that credit, and enables us to return to your sacred Majesty, as to the Ocean the Tribute due to Justice and Sovereignty. These are the vast earnests of our desires, which take their rise from the due regard, from the safety of your Throne, of your posterity. Your Royal assent stamps your image here, and makes this yours, and yours only, which I (by the commands of the Commons) humbly beseech of your sacred Majesty. THE SPEECH OF Master Plydell, ESQUIRE. Master Speaker, I Have heard, since I had the honour to sit here, many grievances presented, and truly Sir, my heart bleeds within me when I think of them, especially those that concern Religion. But what should I speak of grievances concerning Religion, when Religion itself is become a grievance, nay the very Nurse and Mother of all grievances, all scandals, all reproaches? Tantum Religio potuit suadere malorum. SIR, Not to trouble you with any long discourse, if I have any sight, that Bark both of Church and State hath a long time floated betwixt Scylla and Charybdis, Popery on the one side, and I know not what to call it on the other; in many respects both alike dangerous, unless the Italian Proverb may alter the Case; God defend me from my reputed friends, and I will defend myself from my professed enemies. Sir, We are entrusted by God, the King and the Country, with the managing of this Bark, fraught with the fortunes of three great Kingdoms: Now, should we so decline the former Rock, that we dash on the other side. I humbly offer it to this Honourable Assembly, whether she might not have just cause to say, she had changed her Pilot rather than her condition, and only shifted places to find her ruin: For Sir, there is as much beyond Truth, as on this side it; and would we steer a right course, we must be sure to keep the channel, lest we fall from one extreme to another; from the dotage of Superstition, to the frenzy of Profaneness; from bowing to Idols, to worship the Calves of our own imaginations. Sir, I beseech you consider what libellous Pamphlets are now printed, what Sermons are preached, not building hay and stubble, but utterly subverting the foundations of Truth; what irreverence in Churches, what profanation of God's Service, to the scandal of Christianity, the reproach of Religion, and the intolerable grief of all good men; of which I may take up the words of Petrus de Aliaco to the Council of Constance, Nisi celeriter fiat Reformatio, audeo dicere quòd licèt magna sint quae videmus, tamen in brevi incomparabilia majora videmus, & post ista tam horrenda majora alia audiemus. Sir, I take God to record, I am no man's Advocate, no man's enemy; but a faithful lover of truth and peace, and a dutiful Son of our distressed Mother, the Church of England; in whose behalf, and our own, my motion shall be shortly this, That the Ministers Petition, with so much of their Remonstrance as hath been read, may be committed, and the rest of it, concerning matter of Doctrine, may be referred to some learned and approved Divines, who have spent their time in that noble study. For, give me leave to tell you, there is a vulgus among the Clergy, as among the Laity, Et in utroque nil modicum; and for these and all things which strike at the root and branch, as they please to call it, I shall humbly move, that we rather consider how to satisfy the Petitioners with some timely declaration from both Houses of the lawfulness and conveniency of Episcopal Government, derived from the Apostles, and so long established in this Kingdom, rather than to venture upon any alteration, the consequence whereof the wisest man cannot foresee. And in truth, Sir, should we once begin (for my own part) I know not how, or where we should stay. Nevertheless, if any one doubt the superiority of Bishops over Priests and Deacons in Ecclesiastical government, or in ordination, I shall be ready, whensoever this House shall command me, to make it good, and I think, by as pregnant testimonies as we are able to prove the difference betwixt Canonical and Apocryphal Scripture, the necessity of Infant's baptism, or that the Apostles were the Authors of their own Creed. But, Sir, I hope you will save yourself and me that labour, and rather devise of some set way to bind up the Church's wounds, which (God knows) are too wide already, that so the Clergy and Laity being made friends, and all reduced to the model of our Ancestors since the Reformation, we may altogether preserve the unity of the Spirit in the bond of peace; and so his Majesty having graciously and prudently expressed himself, I am the more confident we shall not only put an end to all mis-intelligence betwixt Prince and People, but also highly advance the Protestant cause, and give a deadly blow to the See of Rome. Sir, I humbly crave the favour of the House, for God is my witness, Non potui aliter liberare animam meam. Sir THOMAS ROWS REPORTS, To the COMMONS HOUSE of PARLIAMENT. 1640. Master Speaker, I Am to make a Report of what was delivered at the conference of a Committee of both Houses of Parliament upon Thursday last. I hope, Master Speaker, so much upon the favour of this House that they will give me leave to be a Reader, and that they will not expect from my age and weakness a particular repetition of the same words, a task too great for my memory unpractised for many years in such exactness; neither am I able to represent without diminution, that life, and grace, that those relations received from so great abilities, desiring their Lordship's pardon, and your acceptance of the substance and matter, wherein I hope I shall omit nothing substantial; and if I could repeat every word, yet would it want as much lustre as copies of ordinary hands, do of the best originals. My Lord Keeper did first let us know, that his Majesty had commanded the Lords Commissioners of the great Council, to give an account of their Treaties at York and Rippon, to both Houses; and of his Majesty's gracious intentions, in a business so much importing the honour and safety of the Kingdom, that there might be made a faithful relation with all candour and clearness, which was the sum of his Majesty's instructions. His Lordship declaring that my Lords of the upper House, for the saving of time, had thought fit to give this account to a Committee of both Houses, which hath occasioned the meeting at this Conference; and election being made of the Earl of Bristol by the Lords Commissioners, he began his Narration, directed to the Lords of the upper House, and to the Knights, Citizens and Burgesses of the house of Commons: and thus the Earl of Bristol began; That the Lords Commissioners intended not to look further back into the business, than the Acts of their own employments. They did intent to give no account of the pacification interrupted, nor war renewed; no account how the Armies in England, Ireland, and by Sea were designed, nor of any occasion: They purposed not to lay fault upon any man, nor to inquire into the cause why the Scots (as they pretended from necessity) were drawn to enter this Kingdom, nor why the King's Army, when service was to be done, was out of the way; But that those through whose hands these have passed, might hereafter give their own account. His Lordship told us, that his Majesty was pleased to call his great Council at York, to whom he made two propositions. The first was, how his Army, which seemed to be in distress for want of pay, should be relieved and maintained. To this, to show their duties to the King, the Lords resolved to engage themselves, and to that purpose to send chosen Deputies to London, to negotiate a supply. The second proposition was, that after the Scots had passed Northumberland, taken Newcastle, and possessed the Bishopric of Duresme, they sent a Petition to his Majesty, which containeth, in general terms, a desire to have their grievances taken into consideration. Which Petition and Answer thereunto was read unto us, A. N. A. and presented for our clearer understanding. Upon receipt of his Majesty's Answer, the Scotish Lords sent his Majesty a second Petition, directed in a Letter to the Earl of Lanrick, K. Q. in which they made their particular demands, and declared, that, according to his Majesty's command, they would advance no further; and this Petition was also read and delivered unto us, of which his Lordship desired that great Assembly to take especial notice, for that much of the future discourse would depend upon it. The business thus stated at the great Council, the second proposition was, what Answer should be made to that Petionary Letter, and in what manner it should be carried; In which his Majesty required their Council. Whereupon the Lords replied, that it was impossible for them to give any well grounded advice, unless the true state of his affairs, and the Condition of his Army were laid before them. Whereupon his Majesty commanded the Earl of Traquaire, N. L. to make the Narration of the Scotish business, and their late Acts of Parliament, and the Lord Lieutenant general, to give an account in what condition the Army stood, and what was answered by my Lord Lieutenant, was read in his own words. Besides this declaration, the Earl of Bristol delivered upon a further enquiry, how the state of the business than stood: That the Scots Army had passed Northumberland without resistance; that they had disputed the passage of the River of Tyne at Newburne, where our horse retired in disorder; that his Majesty's foot Army consisting of twelve or fourteen thousand men in Newcastle, likewise retired to York, whereby the Town of Newcastle, a place of great consideration, was without one stroke strucken, fallen into the Scots hands, and the Bishopric of Duresme drawn under Contribution. That in this state, the Gentry of the Bishopric repaired to Master Treasurer, who carried them to his Majesty, from whom they were referred to my Lord Lieutenant of the Army, who gave them this answer positively; That they could look for no help nor protection from the King, and therefore they might use the best means they could to preserve their lives and estates. Whereby those distressed Provinces, the ancient Bulwarks of this Kingdom, full of brave and valiant men, being now fallen into the power of an Army, which of necessity must live, were forced to consent to a contribution by Treaty, and a very heavy one, though such without which the Scotish Army could not subsist. The agreement was 350. l. a day for the Bishopric of Duresme, 300. l. a day for Northumberland, 200. a day for the Town of Newcastle, in all 850. l. a day; which, should it continue, would amount unto 300000. l. for one year. These Gentlemen much lamented their estates that the Scots should be irritated (as they call it) by being proclaimed Traitors. His Lordship made a little digression, and asked leave to speak truth in such language, as the Scots had presented their state unto them: That having proclamation made against them, being threatened with a great Army of thirty or forty thousand men; another of ten thousand out of Ireland, and by Parliament declared Traitors and Rebels, and having heard of another Army providing, of eight or ten thousand by shipping to hinder their Trade, at least their Commerce with England, that they were drawn together by necessity, as they pretended, of defence; further alleging that it was a common discourse, of which they had seen papers, that they should be reduced into a Province, which would be but one Summer's work; and therefore they having drawn their power together, as any Nation would do, and being assembled, and their Country being poor, taking advantage of the time, and that all those Armies that should oppose them were out of the way, and those unfortunate Provinces left like a list of Cloth; they were forced to enter in England; that thus they had lamented, and thus the state stood before the Lords, when it was examined in the great Council. Thus their Lordships found, that the Scots had increased their confines near fourscore miles in England, and had passed the Rivers of Tweed and Tyne; and that the River of Tees the boundary of Yorkshire, (Duresme being possessed) was not to be defended, being foordable in many places by forty horse a front; that if the Scots should pass that River, there was no possibility to hinder them from coming to York, or to any part of England, without hazarding a Battle, which my Lord Lieutenant had declared unto them he would not advise, for though the King's Army consisted of seventeen or eighteen thousand good bodies of men; yet being untrained and unused to Arms, he would be loath to hazard such an Adventure upon them; but if they should advance to York, he might make good that City: This being the case as it was presented, my Lords advised his Majesty that they conceived the fittest way was, that the Scots and their grievances might be heard. And whereas their main Complaint had been, that their Petitions to his Majesty had been conveyed by Conduits of an evil relish, that there might be chosen such Lords Commissioners, of whose integrity they could not doubt. Whereupon, his Majesty was pleased to refer the choice of the Commissioners to the great Council, who made the election with the assent of his Majesty, The Commissioners names N. B. to whom power was given, under the great seal of England, to hear whatsoever the Scots would lay before them; and to enter into Treaty with them, and to give safe conducts, and to do all things preparatory to a Treaty. The first place of meeting was appointed at North-Allerton, but some inconveniences being found, it was by consent transferred to Rippon. For the inducement of this meeting, N. B. a Letter of the Lord Lanricks to the Scots Commissioners was read and given unto us. The Treaty thus settled, the Lords to be employed receiving instructions from his Majesty, by the consent of the great Council; it was agreed they should treat upon the whole business propounded by the Scots, and left to their discretion to treat of a Cessation of Arms, as the ordinary forerunner of all Treaties of Peace. When their Lordships came to Rippon, the Cessation of Arms was the first proposed, but being entered upon it, the Scots Commissioners did let their Lordships know, that there was something necessary first to be done, that the Countries where they lay were become poor; that they could not think, as their affairs stood, of returning home; that his Majesty had restrained them from passing further: so that a Treaty in this Exigent was worse than a War, unless means might be thought upon how they might subsist; and hereupon they did propound, that if it were expected that they made no further progress therein, obeying his Majesty's command, which nothing but invincible necessity should force them to transgress, by plundering the countries', they must have maintenance for their Army. This motion seemed very strange to their Lordships, that it should be demanded to provide a maintenance for the Scots, when the Kings own Army was in great distress; yet the necessity seemed to be such on both sides, that the Lords appointed some of their Company to repair to the King at York, to acquaint his Majesty with the Scots demand. Upon debate of the business, though it were of hard digestion to his Majesty, the Lords, and the whole Kingdom, that they, whose Ancestors had been called to advise upon the Ransom of Kings, should now come to consult how to maintain an Army got into our own bowels; Therefore, their Lordships would not proceed without the knowledge of his Majesty and the great Council; where it was found necessary, not for maintaining the Scots Armies (for they might easily supply their own wants by plundering, in which course they might get a million, whereas five thousand pounds would serve but for two months) but to preserve the Countries from utter ruin, and the Scots from further advancing, to give to their Lordship's Commission to treat for a competency of maintenance during the Treaty. The first demand was forty thousand pounds a month, which by Treaty was reduced thus: That instead of giving them any allowance, they should be left to their proportion of that contribution already agreed upon by the Counties, as less dishonourable than to assign them maintenance. This point being thus settled, N. D. E. their Lordships proceeded to the Treaty of Sessions, and both were agreed and concluded, his Lordship proposing the Articles themselves to be read for more satisfaction. His Lordship proceeded, that these preparatives being settled at Rippon, twenty miles from York, and the time far spent, and the Parliament approaching, their Lordships resolved to be humble suitors to his Majesty, that the general Treaty might be transferred to London, by consent of both parties thereunto agreeing. Here his Lordship proposed the reading of a Letter whereby this translation of the Treaty was moved, which was done and delivered unto us. To this Letter his Majesty made a gracious answer, and consented to transfer the Treaty to London, where some of the Scots Commissioners are already arrived, and the rest within a day or two expected. Their Lordship's having proceeded in the Treaty as far as they could go, repaired to York, and both Articles concluded were read in his Majesty's presence; and that they declared that they had in all things punctually observed their Instructions, whereupon his Majesty required them to give their counsel, whether he should ratify and sign these Articles or not. To which the Lords made answer, that they had served his Majesty in quality of Commissioners Ambassadors and had duly observed their Instructions; but now He being pleased to ask their advice, they would be glad to serve him according to their consciences, and therefore besought his Majesty for leave to retire themselves, and consult of the business; to which his Majesty was graciously pleased to consent. Upon resolution, considering the great strait into which his Majesty's affairs were reduced, they concluded to advise his Majesty to sign, and craved leave to present unto his Majesty a declaration of their reasons; which were accepted and read in the great Council. And their Lordships held it necessary to be read again in that great Assembly, N. G. as the rest of their Council. These reasons being read, his Majesty was pleased to ratify the Articles in express words also read unto us. His Lordship concluded this Narrative as the full account of the Treaty, N. D. and proceeding in it to his Majesty's ratification; and craved leave in the next place, to present the hard and woeful condition in which his Majesty's affairs than stood in the North: First, that by consent a contribution of 850. l. a day was agreed. That there was already some doubt that the Countries were not able to bear it. On the other side, it was objected by the Scots, that it was impossible if the payment should fail, to keep their promise, or to obey his Majesty, but that they should be necessitated against their will to plunder the Country. These doubts considered, it was declared by my Lord Lieutenant, that the Counties of Cumberland and Westmoreland being at pleasure under the Scots power, it was reasonable that in subsidium they should contribute some help to their Neighbours: But he declared since their Lordship's coming away, the Commissioners left at Duresme had written, that it was impossible for them to proceed in the agreement; which if it were broken on their part, the Scots would allege an impossibility to consent to starve; so that if some means were not found, by which those Counties engaged might be relieved, he was afraid all their labour and Treaty would come to nothing: and this letter was read and presented unto us. His Lordship represented, N. H. that the Commissioners and all the Lords had engaged themselves faithfully and truly to declare to the Parliament the distress of the Counties. He declared that it was far from their Lordship's purpose to move any supply of money from the House of Commons, but to lay the cause before them, and to leave it to their wisdom; averring certainly that if some course were not taken, the whole kingdom would be put into disorder; Armies would not starve, retiring was not yet as he thought in the thoughts of the Scots: Therefore they must plunder and destroy, or advance into Yorkshire, and so into England to seek subsistence; the prevention whereof did highly import the King and kingdom. His Lordship proposed another, no less worthy of consideration to the whole kingdom: But if the Scots Army were provided of a competency for the ease of those Counties, it were very strange there should not an equal care be had for maintaining the King's Army that stands before them. He said the Scots Army was strong and powerful, and little other resistance against it, but the impediments of an Army marching in winter: But whether it were fit for a kingdom to be trusted to accidents of Frosts, with a people bred in Swedland and cold Countries, he left to their discretion. His Lordship confessed, that the Scots had made great protestations, and with great execrations averred, that they had no intent to advance forward, but return when they shall have received satisfaction. Yet their Lordships did not conceive that the kingdom should rely upon promises or protestations. Many accidents might happen when a Nation, come from a fare Country to a better, should be told the business they come about was just and their quarrel good; who finding themselves in a fat pasture, may pick quarrels which their Leaders, if they should go about to prevent them of the reward of their virtue and valour. Upon these grounds his Lordship presented to the general consideration the supply of his Majesty's Army, that it be not disbanded; which if it should come to pass. Yorkshire and other parts of England were left to the Scots discretion. His Lordship said, He durst not say the Scots would not come forward, but that it was in their power if they would; and therefore he recommended this representation to the whole body of the kingdom, to prevent furture dangers. He concluded with a prayer to Almighty God, to direct the hearts of all the kingdom, and to give a blessing only able to remove the great distractions, so many and so grievous, as under which, since the Conquest, this kingdom never laboured. There were presented unto me two papers more, the one being Instructions from Newcastle to Sir Thomas Hope and others, concerning the contribution; the other an account of Arrears from the eleventh of September to the twentieth of November, which were all read unto us; nor do I know how or to what use to employ them. Mr. RIGBYES SPEECH, In answer to the LORD KEEPERS last SPEECH, 1640. Master SPEAKER, THough my Judgement prompts me to fit still and be silent, yet the duty I own to my King, my Country and my Conscience, moves me to stand up and speak. Master Speaker, had not this Siren so sweet a tongue, surely he could never have effected so much mischief to this kingdom: you know Sir, optimorum putrefactio pessima, the best things putrefied become the worst: and as it is in the natural, so in the body politic; and what's to be done then Master Speaker, we all know, ense recidendum est, the sword, Justice must strike, nè sinceratruhatur. Master Speaker, it is not the voice, non vox sed votum, not the tongue, but the heart and actions that are to be suspected: for doth not our Saviour say it, Show me thy faith by thy works, O Man? Now, Master Speaker, hath not this kingdom seen, (seen say I?) nay felt and smarted under the cruelty of this man's Justice? so malicious as to record it in every Court of Westminster; as if he had not been contented with the enslaving of us all, unless he entailed it to all posterity. Why shall I believe words now, cum factum videam? Shall we be so weak men, as when we have been injured and abused, will be gained again with fair words and compliments? Or, like little children, when we have been whipped and beaten, be pleased again with sweet meats? Oh no: there be some birds in the Summer of Parliament will sing sweetly, who in the Winter of Persecution will for their prey ravenously fly at all, upon our goods, nay seize upon our persons; and hath it not been with this man so, with some in this assembly? Master Speaker, it hath been objected unto us, that in Judgement we should think of mercy, and Be ye merciful as your heavenly Father is merciful; now God almighty grant that we may be so, and that our hearts and Judgements may be truly rectified to know truly what is mercy, I say to know what is mercy; for there is the point Master Speaker: I have heard of foolish pity, foolish pity: do we not all know the effects of it? and I have met with this Epithet to mercy, Crudelis misericordia; and in some kind I think there may be a cruel mercy: I am sure that the spirit of God said, Be not pitiful in Judgement, nay it saith, Be not pitiful of the poor in Judgement; if not of the poor, than a Latiori, not of the rich; there's the Emphasis. We see by the set and solemn appointments of our Courts of Justice, what provision the wisdom of our Ancestors hath made for the preservation, honour and esteem of Justice, witness our frequent Terms, Sessions and Assizes, and in what pomp and state the Judges in their Circuits, by the Sheriffs, Knights, and Justices, and all the Country, are attended ofttimes for the hanging of a poor thief for the stealing of a hog or a sheep, nay in some Cases for the stealing of a penny, and Justice too, in terrorem; and now shall not some of them be hanged that have robbed us of all our propriety, and sheered at once all our sheep and all we have away, and would have made us all indeed poor Bellizarasses to have begged for halfe-pennies, when they would not have left us one penny that we could have called our own? Let us therefore now, Master Speaker, not be so pitiful as that we become remiss; not so pitiful in Judgement, as to have no Judgement; but set the deplorable estate of Great Britain now before our eyes, and consider how our most gracious Sovereign hath been abused, and both his Majesty and all his Subjects injured by these wicked Instruments; for which my humble motion is, that with these particulars we become not so merciful, as to the generality (the whole kingdom) we grow merciless. Fiat Justitia. Mr. WALERS' SPEECH, In the HOUSE of COMMONS, 1640. Master Speaker, I Will use no preface, as they use to do who appear men for some thing to which they would persuade and move their affections: I will only propose what I conceive fit for the House to consider, and shall be no more concerned in the event than they that shall hear me. Two things I observe in his Majesty's demands: First, the supply, Secondly, our speedy dispatch thereof. Touching the first, his Majesty's occasions for money are but too evident; for to say nothing how we are neglected abroad, or distracted at home, the calling of this Parliament and our sitting here (an effect which no light cause could in these times have produced) is enough to make any reasonable man believe that the Exchequer abounds not so much in money, as the State in occasions to use it; and I hope we shall all appear willing to disprove those who have thought to dissuade his Majesty from this way of Parliament, as doubting and uncertain, and to let him see that it is as ready and more safe for the advancement of his affairs, than any new or pretended old way whatsoever. Now (Master Speaker) for the speedy dispatch required, which was the second thing, not only his Majesty but Res ipsa loquitur; the occasion seems to importune no less: necessity is come upon us like an armed man, and yet the use of Parliaments heretofore, (which appear by the writs that call us hither) was to advise with his Majesty of things concerning the Church and commonwealth. And, Master Speaker, it hath ever been the custom of Parliaments, by good and wholesome laws to refresh the Commonwealth in general, yea and to descend into the remedies of particular grievances, before any mention made of supply. Look bacl upon the best Parliaments, and still you shall find that the last Acts are the free gift of the Subsidies on the people's part, and general pardons on the King's part; even the wisest Kings have acquainted their Parliaments with their designs, and the reasons thereof, and then demanded the assistance both of their counsel and their purses: But (Master Speaker) Physicians (though they be called of the latest) must not stomach it, or talk what might have been, but apply themselves roundly to the cure; let us not stand too nicely upon circumstances, nor too rigidly post pose the matter of supply, to the healing of our lighter wounds. Let us do what possibly may be done with reason and honesty on our parts to comply with his Majesty's desires, and to prevent the imminent ills which threaten us: but consider (Master Speaker) that they that think themselves undone can never apprehend themselves in danger, and they that have nothing left can never give freely, nor shall we ever discharge the trust of those that sent us hither, or make them believe that they contribute to their own defence and safety, unless his Majesty be pleased, first to restore them to the propriety of their goods and lawful liberties, whereof they esteem themselves now out of possession. One need not tell you that the propriety of goods is the mother of courage, and nurse of industry, makes us all valiant in war, and good husbands in peace: the experience I hear of former Parliaments, and my present observation of the care the Country hath had to choose persons of worth and courage, makes me think this House like the Spartans', whose forward valour required some softer music to allay and quiet their spirits, too much moved with the sound of martial Instruments. 'Tis not the fear of imprisonment, or, if need be, of death itself that can keep a true hearted Englishman from the care to leave this part of his inheritance as entire to posterity as he received it from his Ancestors. This therefore let us first do, (and the more speedily,) that we may come to the matter of supply; let us give new force to the many laws which have been heretofore made for the maintaining of our rights and privileges, and to restore this Nation to the fundamental and vital liberties, the propriety of our goods, and freedom of our persons; no way doubting but we shall find his Majesty as gracious and ready, as any of his Royal progenitors have been, to grant our just desires therein: for, not only the people do think, but the wisest do know, that what we have suffered, we have suffered from his Ministers. That the person of no King was ever better beloved of his people, and that no people were ever more unsatisfied with the ways of levying moneys, are two truths which may serve one to demonstrate the other; for such is their accession to the present courses, that neither the admiration they have of his Majesty's native inclination to Justice and Clemency, nor the pretended consent of the Judges, could make them willingly submit themselves to this late tax; and such is their natural loves, and just esteem of his Majesty's goodness, that no late pressure could provoke them, not any example invite them to disloyalty or disobedience. But what is it then hath bred this misunderstanding betwixt the King and his people? How is it that having so good a King, we have so much to complain of? Why (Master Speaker) we are told of the son of Solomon that he was a Prince of a tender heart, and yet we see, by the advice of violent counsels, how rough an answer he gave to his people. That his finger should be as heavy as his father's loins, was not his own, but the voice of some persons about him, that wanted the gravity of moderation requisite for the Counsellors of a young King. I love not to press Allegories too far; but the resemblance of Jobs story with ours holds so well that I cannot but observe it to you. It pleased God to give his Enemy leave to afflict him more than once or twice, and to take all he had from him, and yet he was not provoked to rebel so much as with his tongue, (although he had not very good example of one that lay very near him,) and felt not half that which he suffered. I hope his Majesty will imitate God in the benigner part too, and as he was severe to Job only while he discoursed with another concerning him, but when he vouchsafed to speak himself unto him, began to rebuke those who had mistaken and mis-judged his Case, and to restore the patiented man to his former prosperity: so now, that his Majesty hath admitted us to his presence, and spoken face to face with us, I doubt not but we shall see fairer days, and be as rich in the possession of our own as ever we were. I wonder at those that seem to doubt the success of this Parliament, or that the misunderstanding betwixt the King and his People should last any longer, now they have so happily met. His Majesty's wants are not so great, but that we may find means to supply him; nor our desires so unreasonable, or so incompetible with government, but that his Majesty may well satisfy them. For our late experience (I hope) will teach us what rocks to shun and how necestary the use of moderation is: And for his Majesty, he hath had experience enough how that prospers which is gotten without the concurrent good will of his people: never more money taken from the Subject, never more want in the Exchequer. If we look upon what we have paid, it is more than ever the people of England did in such a time; if we look upon what hath been effected therewith, it shows as if never King had been worse supplied; so that we seem to have acted Belids part, whose punishment was to endeavour the filling of a Sieve with water. Whosoever gave advice for these courses, hath made good the saying of the wise man, Qui conturbat domum suam possidebit ventum. By new ways they think to accomplish wonders, but in truth they grasp the wind, and are in the mean time saevus ambobus Achilles, cruel to us, and to the King too: for if the Commonwealth flourish, than he that hath the Sovereignty can never want nor do amiss, so as he govern not according to the interest of others, but go the shortest and the safest ways to his own and the common good, with regard how they stand in order to any private man's desires, or a preservation. The Kings of this Nation have always governed by Parliaments: And if we look upon the success of things since Parliaments were laid by, it resembles that of the Grecians, Ex illo fluere & vetito sublapsa referri Rex Danaum, especially on the Subject's parts; for though the King hath gotten little, they have lost all: but his Majesty shall hear the truth from us, and we shall make to appear the errors of Divines, who would persuade us that a Monarch can be absolute, and that he may do all things, ad libitum, receding not only from their text, (though that be a wand'ring too) but from the way which their own profession would teach them, Stare super vias antiquas, and remove not the ancient bounds and landmarks which our Fathers have set. If to be absolute were to be restrained by no laws, then can no King in Christendom be so, for they all stand obliged to the Laws Christian, and we ask no more: For to this Pillar are our privileges fixed, our Kings at their Coronation taking a sacred oath not to infringe them. I am sorry these men take not more care of informing our faith of those things which they tell us for our soul's health, whiles we know them so manifestly in the wrong, in that which concerns the liberties & privileges of the Subjects of England: But they gain preferment, and then 'tis no matter, though they never believe themselves nor are believed of others. But since they are so ready to let lose the Conscience of our Kings, we are the more carefully to provide for our protection against this Pulpit-Law, by declaring and re enforcing the Municipal Laws of this kingdom. It is worth the observing how new this opinion is, or rather this way of rising, even amongst themselves. For, Master Hooker, who sure was no refractory man (as they term it) thinks that the first Government was arbitrary, until it was found, that to live by one man's will became the cause of all men's miseries, (these are his words;) and that this was the original of inventing Laws. And (Master Speaker.) if we look furtner back, our Histories will tell us that the Prelates of this kingdom have often been the mediators between the King and his Subjects, to present and pray redress of their grievances, and had reciprocally then as much love and reverence from the People: but these Preachers, more active than their Predecessors, and wiser than the Laws, have found out a better form of Government; the King must be more absolute Monarch than any of his Predecessors, and to them he must owe it, though in the mean time they hazard the hearts of his people, and involve him into a thousand difficulties. For, suppose this form of Government were inconvenient, and yet (Master Speaker) this is but a supposition, for these five hundred years it hath not only maintained us in safety, but made us victorious over other Nations; but (I say) suppose they have another Idea of one more convenient, we all know how dangerous Innovations are, and what hazard those Princes run, that enterprise the change of a long established Government. Now (Master Speaker) of all our Kings that have gone before, and of all that are to succeed in this happy race, why should so pious and so good a King be exposed to this trouble and hazard? besides that, Kings so diverted can never do any great matter abroad. But (Master Speaker) whiles these men have thus bend their wits against the Laws of their Country, whether they have neglected their own Province, and what Tares are grown up in the field which they should have tilled, I leave it to a second consideration; not but that Religion ought to be the first thing in our purposes and desires, but that which is first in dignity is not always to precede in order of time; for, well-being supposes a being, and the first impediment which men naturally endeavour to remove, is the want of those things without which they cannot subsist. God first assigned unto Adam maintenance of life, and gave him a title to the rest of the Creatures before he appointed a Law to observe. And let me tell you (if our adversaries have any such design) as there is nothing more easy then to impose Religion on a People deprived of their Liberties, so there is nothing more hard then to do the same upon Freemen. And therefore (Master Speaker) I conclude with this motion, that an order may be presently made, that the first thing this House will consider of, shall be the restoring this Nation in general to the fundamental and vital Liberties, the propriety of our goods, and freedom of our Persons: and that then we will forthwith consider of the supply desired; and thus we shall discharge the trust reposed in us by those that sent us hither, his Majesty will see that we make more than ordinary haste to satisfy his demands, and we shall let all those know that seek to hasten the matter of supply, that they will so far delay it, as they give interruption to the former. A Speech made by the Honourable DENZELL HOLLES, Esquire, at a Conference by a Committee of both Houses of Parliament in the painted Chamber, May 4. 1641. in the presenting of the Protestation. My Lords, THe Knights, Citizens and Burgesses of the House of Commons, having taken into their serious consideration the present estate and condition of this Kingdom, they find it surrounded with variety of pernicious and destructive designs, practices, and plots against the well-being of it, nay, the very being of it, and some of these designs hatched within our own bowels, and, viperlike, working our destruction. They find Jesuits and Priests conspiring with ill Ministers of State to destroy our Religion: they find ill Ministers conjoined together to subvert our Laws and Liberties. They find obstructions of Justice, which is the life blood of every State, and (having a free passage from the Sovereign Power, where it is primarily seated, as the life blood in the heart, and thence derived through the several Judicatories, as through so many veins, 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 be dissolved: and consequently Sovereignty itself, which as the heart in the body, is Primum vivens, & ultimum moriens, must die and perish in the general dissolution, and all things return, as in the beginning, in antiquum Chaos. They find the propriety of the subject invaded and violated, his estate rend from him by illegal Taxations, Impositions, Monopolies and Projects (almost upon every thing which is for the use of man) not only upon superfluities, but necessaries; and this to enrich the vermin and caterpillars of the Land, and to impoverish the good subjects, to take the meat from the children, and give it to dogs. My Lords, If we find these things so, we must conceive, they must be 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) eat through our sides, and gnaw our very hearts. Hinc dolour: sed unde medicina? Heretofore Parliaments were the Catholicon, the Balm of Gilead which healed our wounds, restored our Spirits, and made up all the breaches of the Land; But of late years they have been like the Figtree in the Gospel, without efficacy, without fruit, only destructive to the particular members, who discharge their duties and consciences, no way beneficial to the Commonwealth; Nobis exitiabile, nec Reipub. profuturum, as he said in Tacitus; commonly taken away, as Elias was, with a whirlwind, never coming to any maturity, or to their natural end; whereas they should be like that blessed old man, who dyeth (plenus dierum) in a full age, after he 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 Corn, uphold our lives with the staff of bread. For, Parliaments are our panis quotidianus, our true bread; all other ways are but Quelques choses, which yield no true nourisshment, breed no good blood. This very Parliament which hath sat so long, hath all this while but beaten the air, and striven against the stream; for I may truly say, wind and tide have still been against us. The same ill counsels which first raised the storm, which almost shipwrackt the Commonwealth, do still continue; they blow strong like the East-wind that brought the Locusts over the land. These counsels cross our designs, east difficulties in our way, hinder our proceed, and make all that we do to be fruitless and ineffectual; they make us to be not masters of our business, and so not masters of money, which hath been the great business of this Parliament, that we might pay the Armies according to our promises and engagements. For, (My Lords) our not effecting of the good things which we had undertaken for the good of the Church and Commonwealth, hath wounded our reputation, and taken off from our credit. Is it not time then (my Lords) that we should unite and concentrate ourselves in regard of this Antiperistasis and circumvallation of hurtful and malicious 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 affairs: for one main engine by which our enemies work our mischief, is by infusing an opinion and belief into the world, that we are not united amongst ourselves; but that, like Sampsons' Foxes, we draw several ways, and tend to several ends. To defeat then the counsels of those Achitophel's, which would involve us, our Religion, our King, our Laws, our Liberties, all that can be near and dear unto an honest soul, in one universal and general desolation; to defeat (I say) the counsels of such Achitophel's, the Knights, Citizens, and Burgesses of the House of Commons (knowing themselves to be specially entrusted with the preservation of the whole, and in their consciences persuaded that the dangers are so imminent that they will admit of no delay) have thought fit to declare their united affections, by entering into an Association amongst themselves, and by making a solemn Protestation and Vow unto their God, that they will unanimously endeavour to oppose and prevent the counsels, and the Counsellors which have brought upon us all these miseries, and fears 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. We the Knights, Citizens, and Burgesses of the Commons house in Parliament, finding, to the great grief of our hearts, that the designs of the Priests and Jesuits, and other Adherents to the See of Rome, have of late been more boldly and frequently put in practice then formerly, to the undermining and danger of the ruin of the true reformed Protestant Religion in His Majesty's Dominions established: And finding also that there have been, and having just cause to suspect that there still are, even during this sitting in Parliament, endeavours to subvert the fundamental Laws of England and Ireland, and to introduce the exercise of an Arbitrary and Tyrannical Government, by most pernicious and wicked Counsels, Practices, Plots, and Conspiraces: And that the long intermission, and unhappy breach of Parliaments hath occasioned many illegal Taxations, whereupon the Subject hath been prosecuted and grieved: And that divers Innovations and Superstitions have been brought into the Church, multitudes driven out of His Majesty's 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 Kingdom, to the hazard of His Majesty's Royal Person, the consumption of the Revenues of the Crown, and Treasure of this Kingdom: And lastly, finding great cause of Jealousy, that endeavours 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 pass those wicked Counsels, Have therefore thought good to join ourselves in a Declaration of our united affections and resolutions. NOte, That because some doubts were raised by several 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 Realm, contrary to the same Doctrine; The House of Commons did declare, That by those words, was and is meant only the public Doctrine professed in the said Church, so fare as it is opposite to Popery and Popish Innovations; And that the said words are not to be extended to the maintaining of any form 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 Lordship's concurrence in the same zeal and affection for the public safety. And it is their desire your Lordships would likewise make the same Protestation, which I humbly leave to your Lordship's wisdoms. Directions for more orderly making of the foresaid Protestation. IT is thought fit that the Protestation which the Parliament lately made be taken by the City of London, in the several Parish Churches, in the afternoon of some Lord's day, after Sermon, before the Congregation be dissolved, by all Masters of Families, their sons, and man-servants, in manner and form following, viz. First, That forthwith notice of this intention be given to the Minister, Churchwardens, and some other me 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 business, more or less, as he shall think fit, for the better and more solemn taking of the said Protestation; or if the Minister refuse it, that some other be entreated to preach that will promote the business; or if neither of these may be had, that some other convenient course be taken by some well affected to the business, 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 own person, reading the said Protestation in so distinct a voice, that all present may conveniently hear it, and that all the Assembly present do make the same Protestation distinctly after this manner, every man taking this Protestation into his hand. JA. B. do in the presence of Almighty God freely and hearty promise, vow, and protest the same which the leading person took, naming the person. Fourthly, That there be a Register Book wherein every man taking this vow or Protestation subscribe his name, with his own hand or mark, and that the names be taken of such as do refuse the same. Fifthly, That all the Parishioners abovesaid, whether in Town, or out of Town, be earnestly requested to be present at their own Parish Church in the afternoon of that Lords day whereon it shall be taken, that every man may take it in their own place; and if any be necessarily absent, that they may be desired to take it the next Lord's day after, or so soon as may be with conveniency. Sixthly, and lastly, That all whom it doth not immediately concern, be earnestly requested to departed. FINIS. Mr. Grimstons' Speech in the High Court of Parliament. M. SPEAKER. THese Petitions which have been now read, they are all Remonstrances of the general and universal grievances & distempers that are now in the State and Government of the Church and Commonwealth: and they are not them alone, But his Majesty's gracious Expressions the first day of Parliament, that calls me up to speak at this present, contrary to my own Intentions. Mr. Speaker, his Majesty, who is the head of the body politic, and the Father of the Commonwealth, hath complained first, declaring his sensibleness of our sufferings, and amongst other things, hath put us in mind of our grievances, and hath freely left it to ourselves (for our redress and repair therein) to begin and end, as we shall think fit. And this draws me on with much cheerfulness and zeal to contribute my poor 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 Majesty, and this House you now possess, a little to recollect ourselves in the remembrance of what was done the last Parliament, and where we ended. It will likewise be very considerable what hath been done since that Parliament, and who they are that have been the Authors and Causers of all our miseries and distractions, both before and since. Mr. Speaker, the last Parliament, as soon as the House was settled, a subsidiary aid and supply was propounded, and many Arguments used to give the precedency before all other matters and Considerations whatsoever. On the other side, a multitude of Complaints and Grievances of all sorts, aswell concerning our Eternal as our Temporal estates were presented and put in the other balance: The wisdom of that great Council weighing both indifferently, and looking not only upon the dangers than threatne● 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, unless their grievances were first read ressed and removed. For Mr. Speaker, it than was, and still is, most manifest and apparent, that by some judgements lately obtained in Court of Justice, and by some new ways of Government lately started 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, we hold as Tenants by courtesy, and at will, and may be stripped of it at pleasure. Yet Mr. Speaker, desirous to give his Majesty all possible satisfaction and contentment, as well in the manner of supply for expedition, as in the substance and matter of it, we confined and limited ourselves but to three particulars only, and to such matters as properly and naturally should have reference and relation to those three heads. 1. The first was the privileges 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 privileges, were of two sorts; either such as had been 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 adjourn the House upon any command whatsoever, without the consent and approbation of the House itself, were breaches and violations that highly impeached our privileges. And having passed the vote, I conceive it were fit we should now proceed a little further, and consider of a way how to be repaired against them that have been the violaters: For Execution does animare Legem. The putting of an old Law in Execution, you know Mr. Speaker, does oftentimes do more good than 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 Council board, where neither our persons nor our proceeding aught to have been controlled or meddled withal: 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 ●eene with the Lords: But what interjections and rubs we met withal 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 withall. Therefore Mr. Speaker, I shall pass from what was done the last Parliament, and come to what hath been 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 Wisdom, and unexampled moderation. But what had they at last for all their pains, in attending the public strince of the Commonwealth, As soon as ever the Parliament was ended, their Studies and Pockets were searched, as if they had been Felons and Traitors, and they committed to several Goals, with an intention I am confident of their utter ruin and destruction, had they not foreseen a danger approaching; For Master Speaker, if I be truly informed, an information was drawn, or at least, directions given for the drawing of it, against them in the Star-chamber. Master Speaker, there hath been since the last Parliament a Synod, and in that Synod a new Oath hath been made and framed, and enjoined to be taken. Master Speaker, they might as well have made a new Law, and enjoined the execution of that, as enjoined and urged the taking of the other, not being established by Act of Parliament, and in point of mischief, the safety of the Commonwealth, and the freedom 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 itself. Master Speaker, they would have us at the very first dash swear in a damnable Heresy, that matters necessary to salvation are contained in the Discipline of our Church. Whereas Master Speaker, it hath ever been 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 always been used as an Argument until this very present, against Antidisciplinarians, to stop their mouths withal; And therefore that for that reason they might with the less regret and offence, conform and submit themselves to the Discipline of our Church. And Master Speaker, for prevention in case the Wisdom of the State in this great Council, should at any time think fit to alter any thing in the government of our Church, they would anticipate and forestall our judgements, by making us swear beforehand, that we would never give our consent to any alteration. Nay Master Speaker, they go a little further, for they would have us swear, that the government of the Church by Archbishops, Bishops, Deans, Archdeacon's, &c. is Jure divino, Their words are, as of right it ought to stand; Whereas Master Speaker, we meet not with the name of an Archbishop, or a Dean, or an archdeacon in all the new Testament. And whatsoever may be said of the Function of Bishops it is one thing: But for their Jurisdiction it is merely Humana institutione, and they must thank the King for it. As for their gross, absurd, etc. wherein they would have men swear they know neither what, nor how many fathom deep: 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 Book of Canons, and their Book of Articles, which they would have our Churchwardens sworn unto, to inquire of, and to present thereupon, I must confess I know not, unless they had a purpose therein to blow up the Protestant Religion, and all the faithful professors of it, and to advance their Hierarchy a step higher, which I suppose we all fear 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 plain English it is six Subsidies to be paid by the Clergy in six years: And the penalty they have imposed upon the refusers, for none-payment, is to be deprived of their Functions, to be stripped of their freehold, 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 Book alone by itself in the Latin tongue, supposing as I conceive that Laymen 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 be throughly considered, any judicious man may easily discern and perceive, that they do therein like Watermens that look one way and row another, they pretend one thing, but intent nothing less; And certainly Mr. Speaker in this they have flown a high pitch; For a Synod called together upon pretence of reconciling and settling Controversies and matters in Religion, to take upon them the boldness thus out of Parliament, to grant Subsidies, and to meddle with men's Free-holds, I dare say the like was never heard of before, and they that durst do this, will do worse if the current of their raging Tyranny 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 Kingdom? 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 days have been advanced to any dignity or preferment in the Church, but such as have been notoriously suspicious in their Disciplines, corrupt in their Doctrines, and for the most part, vicious in their lives? And who are they (Master Speaker) that have overthrown our two great Charters, Magna Charta, and Charta de Forresta? What imposition hath been laid down, or what Monopoly hath been damned in any Court of Justice since the last Parliament? Hath not ship-money, Coal and conduct money, and money for other Military charges, been collected and levied, with as great violence as ever they were, in violation of our liberties, confirmed unto us in our Petition of Right; notwithstanding all our supplications and complaints the last Parliament? And who are they Master Speaker, that have caused all those dangerous Convulsions, and all the desperate unnatural bloody distempers, that are now in our body politic? Master Speaker, I will tell you a passage, I heard from a Judge in the Kings-Bench. There was a poor man committed by the Lords, for refusing to submit unto a project, and having attended a long time at the Kings-Bench Bar, upon his Habeas Corpus, and at last pressing very earnestly to be bailed, The Judge said to the rest of his brethren, Come Brothers (said he) let us Bail him, for they begin to say in the Town, that the Judges have overthrown the Law, and the Bishops the Gospel. Master Speaker, I would not be misunderstood in what I have said; for there are some of both functions and professions, that I highly honour and reverence in my heart, for their wisdoms and integrities. But Master Speaker, I may say it; for I am sure we have all felt it, that there are some of both functions and professions, that have been the Authors and causers of all the Miseries, Ruins, and Calamities that are now upon us. Master Speaker, This is the Age; This is the Age (Master Speaker) that hath produced and brought forth achitophel's, Hammans, Wolsey's, empson's, and Dudlies, Tricilians, and Belknapps, Vipers and Monsters of all sorts. And I doubt not, but when his Majesty shall be truly informed of such matters, as we are able to charge them withal, we shall have the same Justice against these, which heretofore hath been against their Predecessors, in whose wicked steps they have trodden. And therefore Master Speaker, to put ourselves into a way for our redress and relief, I conceive it were fit that a Committee might be named to take these Petitions, that have now been read, and all others of the like nature, into their considerations, to the end, that the parties grieved, may have just repair for their grievances; and that out of them, Laws may be contrived, and framed for the preventing of the like mischiefs, for the future. FINIS. THE LORD DIGBYES SPEECH IN THE HOUSE of Commons, to the Bill of Attainder of the Earl of STRATFORD, the 21. April. 1641. Master Speaker. WE are now upon the point of giving (as much as in us lies) the final Sentence unto death or life, on a great Minister of State and Peer of this Kingdom, Thomas Earl of Strafford; a name of hatred in the present age by his Practices, and fit to be made a terror to future Ages by his punishment. I have had the honour to be employed by the House in this great business, from the first hours that it was taken into consideration: it was a matter of great trust, (and I will say with confidence) that I have served the House in it with industry, according to my ability, but with most exact faithfulness and secrecy. And as I have hitherto discharged my duty to this House and to my Country, in the progress of this great Cause; so I trust I shall do now in the last period of it, to God and to a good conscience. I do wish the peace of that unto myself, and the blessings of Almighty God to me and my posterity, according as my judgement on the life of this man shall be consonant with my heart, and the best of my understanding, in all integrity. I know well Master Speaker, that by some things I have said of late, whilst this Bill was in agitation, I have raised some prejudices upon me in the cause. Yea some (I thank them for their plain dealing) have been so free as to tell me, that I suffered much by the backwardness I have shown in this Bill of Attainder of the Earl of Strafford, against whom I had been formerly so keen, so active. Mr. Speaker, I beg of you and the rest but a suspension of judgement concerning me, till I have opened my heart unto you freely and clearly in this business. Truly Sir, I am still the same in my opinions and affections, as unto the Earl of Srafford, I confidently believe him the most dangerous Minister, the most insupportable to free Subjects, that can be charactered. I believe his practices in themselves as high, as tyrannical, as any Subject ever ventured on, and the malignity of them hugely aggravated by those rare abilities of his, whereof God hath given him the use, but the Devil the application. In a word, I believe him still that grand Apostate to the Commonwealth, who must not expect to be pardoned it in this world, till he be dispatched to the other. And yet let me tell you Master Speaker, my hand must not be to that dispatch. I protest, as my Conscience stands informed, I had rather it were off. Let me unfold unto you the Mystery, Master Speaker. I will not dwell much upon justifying unto you my seeming variance at this time from what I was formerly, by putting you in mind of the difference between Prosecutors and Judges, How misbecoming that fervour would be in a Judge, which perhaps was commendable in a Prosecutor. Judges we are now, and must put on another Personage. It is honest and noble to be earnest in order to the discovery of Truth, but when that hath been brought as fare as it can to light, our judgement thereupon aught to be calm and cautious. In prosecution upon probable grounds, we are accountable only for our industry or remissness, but in judgement, we are deeply responsable to God Almighty, for its rectitude or obliquity. In cases of life, the Judge is God's Steward of the party's blood, and must give a strict account for every drop. But as I told you Master Speaker, I will not insist long upon this ground of difference in me now, from what I was formerly. The truth on't is, Sir the same ground whereupon I (with the rest of the five, to whom you first committed the consideration of my Lord of Strafford) brought down our opinion, that it was fit he should be accused of Treason, upon the same ground I was engaged with earnestness in his prosecution, and had the same ground remained in that force of belief with me, which till very lately it did, I should not have been tender in his condemnation. But truly Sir, to deal plainly with you, that ground of our accusation, that spur to our prosecution, and that which should be the basis of my judgement, of the Earl of Strafford, as unto Treason, is to my understanding quite vanished away. This it was, Master Speaker. His advising the King to employ the Army of Ireland, to reduce England. This I was assured would be proved, before I gave my consent to his accusation. I was confirmed in the same belief, during the prosecution, and fortified in it most of all since Sir Henry Veins preparatory examinations, by the assurances which that worthy member Mr. Pymme gave me, that his Testimony would be made convincing by some notes of what passed at the Junto concurrent with it, which I ever understanding to be of some other Counsellor, you see now prove but a Copy of the same Secretary's notes, discovered and produced in the manner you have heard, and those, Such disjointed fragments of the venomous part of discourses, no results, no conclusions of Counsels, which are the only things that Secretaries should register, there being no use at all of the other, but to accuse and to bring men into danger. But Sir, this is not that which overthrows the evidence with me, concerning the Army of Ireland; nor yet that all the rest of the junto upon their oaths remember nothing of it. But this Sir, which I shall tell you, is that which works with me under favour, to an utter overthrow of his evidence, as unto that of the Army of Ireland: Before, whilst I was a prosecutor, and under tye of Secrecy, I might not discover any weakness of the cause, which now as a Judge I must. Master Secretary was examined thrice upon Oath, at the preparatory Committee. The first time he was questioned to all the Interrogatories, and to that part of the seventh which concerns the Army of Ireland, he said positively in these words, I cannot charge him with that. But for the rest, he desires time to recollect himself, which was granted him. Some days after, he was examined a second time, and then deposes these words concerning the Kings being absolved from rules of government, and so forth very clearly. But being pressed to that part, concerning the Irish Army, again can say nothing to that. Here we thought we had done with him, till divers weeks after, my Lord of Northumberland and all others of the Junto, denying to have heard any thing concerning those words of reducing England by the Irish Army, it was thought fit to examine the Secretary once more, and then he deposes these words to have been said by the Earl of Strafford to his Majesty: You have an Army in Ireland, which you may employ here to reduce, (or some word to that sense) this Kingdom. Mr. Speaker, these are the circumstances which I confess with my Conscience, thrust quite out of doors that grand Article of our charge, concerning his desperate advice to the King, of employing the Irish Army here. Let not this, I beseech you, be driven to an aspersion upon Master Secretary, as if he should have sworn otherwise then he knew or believed, he is too worthy to do that; only let thus much be inferred from it, that he who twice upon Oath with time of recollection, could not remember any thing of such a business, might well a third time misremember somewhat: and in this business the difference of one Letter, here for there, or that for this, quite altars the case, the latter also being the more probable, since it is confessed of all hands, that the debate than was concerning a war with Scotland, and you may remember that at the Bar he once said to employ there. And thus Mr. Speaker, I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford. This was that whereupon I accused him with a free heart, prosecuted him with earnestness, and had it to my understanding been proved, should have condemned him with innocence. Whereas now I cannot satisfy my conscience to do it. I profess I can have no notion of any body's intent to subvert the Laws treasonably, or by force; and this design of force not appearing, all his other wicked practices cannot amount so high with me. I can find a more easy and more natural spring, from whence to derive all his other Crimes, then from an intent to bring in Tyranny, and to make his own posterity as well as us, Slaves, as from revenge, from Pride, from Avarice, from Passion, and insolence of Nature. But had this of the Irish Army been proved, it would have diffused a complexion of Treason, over all, it would have been a With indeed, to bind all those other scattered and lesser branches, as it were into a Faggot of Treason. I do not say but the rest may represent him a man as worthy to die, and perhaps worthier than many a Traitor. I do not say, but they may justly direct us to Enact that they shall be Treason for the future. But God keep me from giving judgement of death on any Man, and of ruin to his innocent Posterity, upon a Law made â posteriori. Let the mark be set on the door where the Plague is, and then let him that will enter die. I know Master Speaker, there is in Parliament a double power of life and death by Bill, a judicial power, and a Legislative: the measure of the one, is what's Legally just, of the other, what is prudentially and politicly fit for the good and preservation of the whole. But those two, under favour, are not to be confounded in Judgement. We must not piece up want of Legality with matter of convenience, nor the defailance of prudential fitness, with a pretence of legal Justice. To condemn my Lord of Strafford judicially as for Treason, my conscience is not assured that the matter will bear it. And to do it by the Legislative power, my reason consultively cannot agree to that, since I am persuaded, neither the Lords nor the King will pass the Bill, and consequently that our passing it will be a cause of great divisions and combustions in the State. And therefore my humble advice is, that laying aside this Bill of Attainder, we may think of another, saving only life, such as may secure the State from my Lord of Strafford, without endangering it, as much by division concerning his punishment, as he hath endangered it by his practices. If this may not be harkened unto, let me conclude in saying that unto you all, which I have throughly inculcated to mine own conscience upon this occasion. Let every man lay his hand upon his heart, and sadly consider what we are going to do, with a breath, either justice or murder; justice on the one side, or murder heightened and aggravated to its supremest extent. For as the Casuists say, that he who lies with his sister commits incest, but he that marries his sister sins higher, by applying God's Ordinance to his crime: So doubtless he that commits murder with the sword of Justice, heightens that crime to the utmost. The danger being so great, and the case so doubtful, that I see the best Lawyers in diametral opposition concerning it, Let every man wipe his heart, as he does his eyes, when he would judge of a nice and subtle object. The eye, if it be pretincted with any colour, is vitiated in its discerning. Let us take heed of a blood-shotten-eye of Judgement. Let every man purge his heart clear of all passions, (I know this great and wise body politic can have none, but I speak to inviduals from the weakness which I find in myself.) Away with personal animosities, away with all flatteries to the people, in being the sharper against him, because he is odious to them; away with all fears, lest by the sparing his blood they may be incensed; away with all such considerations, as that it is not fit for a Parliament, that one accused by it of Treason should escape with life. Let not former vehemence of any against him, nor fear from thence, that he cannot be safe while that man lives, be an ingredient in the sentence of any one of us. Of all these corruptives of judgement, Mr. Speaker, I do before God discharge myself to the uttermost of my power, And do with a clear Conscience wash my hands of this man's blood, by this solemn protestation, that my Vote goes not to the taking of the Earl of strafford's life. FINIS. The Two last SPEECHES of Thomas Wentworth, Late Earl of Strafford, and Deputy of Ireland. His speech in the Tower, to the Lords. RIght Honourable, and the rest, you are now come to convey me to my death, I am willing to die, which is a thing no more than all our Predecessors have done, and a debt that our Posterity must in their due time discharge, which since it can be no way avoided, it ought the less to be feared; for that which is common to all, ought not to be intolerable to any: It is the Law of Nature, the tribute of the flesh, a remedy from all worldly cares and troubles; and to the truly penitent, a perfect path to blessedness. And there is but one death, though several ways unto it: mine is not natural, but enforced by the Law and justice: it hath been said that the Laws vex only the meaner sort of people, but the mighty are able to withstand them: it is not so with me, for to the Law I submit myself, and confess that I receive nothing but justice: for he that politikly intendeth good to a Commonweal, may be called a just man, but he that practiseth either for his own profit, or any other sinister ends, may be well termed 2 delinquent person; neither is delay in punishment any privilege for pardon. And moreover I ingenuously confess with Cicero, That the death of the bad is the safety of the good that be alive. Let no man trust either in the favour of his Prince, the friendship and consanguinity of his Peers, much less in his own wisdom and knowledge, of which I ingeniously confess I have been too confident. Kings, as they are men before God, so they are Gods before men, and I may say with a great man once in this kingdom, Had I strove to obey my God as faithfully, as I sought to honour my King fraudulently, I had stood, and not fallen. Most happy and fortunate is that Prince, who is as much for his justice feared, as for his goodness beloved: For the greater that Princes are in power above other, the more they ought in verrue to excel other; and such is the royal Sovereign whom I late served. For my Peers, the correspondence that I had with them during my prosperity, was to me very delightful and pleasing, and here they have commiserated my ruin, I have plentifully found, who (for the most generous of them) I may boldly say, though they have detested the fact, yet they have pitied the person delinquent; the first in their loyalty, the last in their charity: ingenuously confessing, that never any Subject, or Peer of my rank, had ever that help of Counsel, that benefit of time, or a more free and legal trial than I have had: of the like to which, none of my Predecessors hath had so much favour from his Prince, so much sufferance from the people; in which I comprehend the understanding Commons, not the many headed monster, Multitude: but I have offended, and sentenced, and must now suffer me. And for my too much confidence in my supposed wisdom and knowledge, therein have been the most deceived: For he that is wise to himself, and knows by others faults to correct his own offences, to be truly wise is to be Secretaries to ourselves; for it is mere folly to reveal and intimate thoughts to strangers: wisdom is the most precious Gem with which the mind can be adorned, and learning the most famous thing for which a man ought to be esteemed, and true wisdom teacheth us to do well, as to speak well: in the first I have failed, for the wisdom of man in foolishness with God. For knowledge, it is a thing indifferent both to good and evil, but the best knowledge, is for a man to know himself; he that doth so shall esteem of himself but little, for he considereth from whence he came, and whereto he must, he regardeth not the vain pleasures of this life, he exaiteth God, and strives to live in his fear; but he that knoweth not himself is wilful in his own ways, unprofitable in his life, unfortunate in his death, and so am I But the reason why I sought to attain unto it was this: I have read that he th●t knoweth not that which he ought to know, is a bruit beast amongst men: he that knoweth more than he ought to know, is a man amongst beasts: but he that knoweth all that may be known, is a God amongst men. To this I much aspired, in this I much failed; Vanity of Vanities, all is but vanity. I have heard the people clamour and cry out, saying, That through my occasion the times are bad, I wish that when. I am dead they may prove better: most true it is, that there is at this time a great storm in ending (God in his mercy avert it.) And since it is my particular lot, like Jonab, to be cast into the sea, I shall think my life well spent, to appease God's wrath, and satisfy the people's malice. O what is eloquence more than air? fashioned with an articulate and distinct sound, when it is a special virtue to speak little and well, and silence is oft the best oratory; for sools in their dumbness may be accounted wise: It hath power to make a good matter seem bad, and a bad cause appear good: but mine was to me unprofitable, and like the Cypress trees, which are great and tall, but altogether without fruit. What is honour, but the first step to disquietness? and power is still waited on by envy, neither hath it any privilege against infamy. It is held to be the chief part of honour, for a man to join to his office and calling, courtesy and affability, commiseration and pity: for thereby he draweth to him with a kind of compulsion, the hearts of the multitude. But that was the least part of my study, which now makes me call to mind, that the greater the persons are in authority, the sooner they are catcht in any delinquency, and their smallest crimes are striven to be made capital, the smallest spot seems great in the finest linen, and the least flaw is soon found in the richest Diamond. But high and noble spirits finding themselves wounded, grieve not so much at their own pain and perplexity, as at the deriding and scoffing of their enemy: but for mine own part, though I might have many in my life, I hope to find none in my death. Amongst other things which pollute and contaminate the minds of great spirits, there is none more heinous than Ambition, which is seldom unaccompanied without A varice: Such, to possess their ends, care not to violate the Laws of Religion and Reason, and to break the bonds of modesty and equity, which the nearest ties of Consanguinity and Amity; of which as I have been guilty, so I crave at God's hands forgiveness. It is a Maxim in Philosophy, that ambitious men can be never good Counsellors to Princes; the desire of having more is common to great Lords, and a desire of Rule a great cause of their Ruin. My Lords, I am now the hopeless Precedent, may I be to you all an huppy example: For Ambition devoureth gold, and drinketh blood, and climbeth so high by other men's heads, that at the length in the fall it breaketh its own neck: therefore it is better to live in humble content, than in high care and trouble: For more precious is want with honesty, than wealth with infamy: For what are we but mere vapours, which in a serene Element ascend high, and upon an instant, like smoke, vanish into nothing: or like Ships without Pilots, ●ost up and down upon the Seas by contrary winds and tempests. But the good husbandman thinks better of those ears of Corn, which bow down, and grow crooked, than those which are strait and upright, because he is assured to find more store of grain in the one than in the other. This all men know, yet of this, how few make use? The defect whereof must be now my pain: may my suffering prove to others profit. For what hath now the favour of my Prince, the familiarity with my Peers, the volubility of a tongue, the strength of my memory, my learning, or knowledge, my honours, or Offices, my power and potency, my riches and treasure (all these especial gifts, both of Nature and Fortune) what have all these profitted me? Blessings I acknowledge, though by God bestowed upon man, yet not all of them together upon many: yet by the Divine providence the most of them met in me: of which had I made happy use, I might still have flourished, who now am forced immaturely to fall. I now could wish (but that utinam is too late) that God with his outward goodness towards me had so commixed his inward grace, that I had choosed the Medium path, neither inclining to the right hand, nor deviating to the left; but like Icarus with my waxed wings, fearing by too low a flight to moisten them with the Waves: I soared too high, and too near the Sun, by which they being melted; I aiming at the highest, am precipitated to the lowest: and am made a wretched prey to the Waters: But I who before built my house upon the sand, have now settled my hopes upon the Rock my Saviour: by whose only merits my sole trust is, that whatsoever becomes of my body, yet in this bosom my soul may be Sanctuaried. Nintrod would have built a Tower to reach up to heaven, and called it Babel; but God turned it to the confusion of Languages, and dissipation of the people. Pharaoh kept the Children of Israel in bondage, and after having freed them, in his great pride would have made them his prey; but God gave them a dry and miraculous passage, and Pharaoh and his boast a watery Sepulchre. Belshazzer feasted his Princes and Prostitutes, who drunk healths in the Vessels taken from the Temple, but the hand of God writ upon the wall, Mene, Tekel, Phoras, and that night before morning was both his Kingdom and life taken from him: Thus God lets men go on a great while in their own devices, but in the end it prove their own ruin and destruction, never suffering them to effect their desired purposes: therefore let none presume upon his power, glory in his greatness, or be too confident in his riches: These things were written for our Instruction, of which the living may make use, the dying cannot; but wit and unfruitful wisdom are the next neighbours to folly. There can be no greater vanity in the world, than to esteem the world, which regardeth no man; and to make slight account of God, who greatly respecteth all men; and there can be no greater folly in man, than by much Travel to increase his goods, and pamper his body, and in the interim with vain delights and pleasures, to lose his soul. It is a great folly in any man to attempt a bad beginning, in hope of a good ending; and to make that proper to one, which was before common to all, is mere indiscretion, and the beginning of discord, which I positively wish may en● in this my punishment. O how small a proportion of earth will contain my body, when my high mind could not be confined within the spacious compass of two Kingdoms? But my hour draweth on, and I conclude with the Psalmist, not aiming at any one man in particular, but speaking for all in general: How long will you Judges be corrupted? how long will ye cease to give true judgement? etc. Blessed is the man that doth not walk in the Council of the wicked, nor stand in the way of sinners, nor s●t in the seat of the scornfall, therefore they shall not stand in the Judgement, nor sinners in the Assembly of the righteous, etc. About the hours of 10 and 11 a Clock the foresaid Lord of Strafford was conveyed to the Scaffold on Tower-Hill, where was a Court of Guard made by the several Companies of Soldiers of the City of London, and the Hamlets of the Tower on each side as he passed to the Scaffold: before marched the Marshal's men to make way, than the Sheriffs of London's Officers with their Halberds; after them the King's Guard, or Warders of the Tower: Next came one of his Gentlemen, bore headed, in mourning Habit, the Lord Strafford following him clad in black cloth, with divers others in the same habit, which were his attendants; then the Lord Bishop of Armagh, and other good Divines, with the Sheriffs of London, and divers honourable personages. When he came upon the Scaffold, he there shown himself on each side to all the people, and made this short speech, with as much alacrity of Spirit as could be expressed. Viz. The Lord Wentworths speech on the Scaffold. MY Lord Primate of Ireland, and my Lords, and the rest of these noble Gentlemen, It is a great comfort to me to have your Lordships by me this day, because I have been known to yours long time, and I now desire to be heard a few words: I come here my Lords to pay my last debt to sin, which is death; and through the mercies of God, to rise again in eternal glory. My Lords, if I may use a few words, I shall take it as a great courtesy from you: I am come here my Lords, to submit to the judgement that is passed against me, I do it with a very quiet and contented mind; I do freely forgive all the world, a forgiveness not from the teeth outwards (as they say) but from my heart; I speak it in the presence of Almighty God, before whom I stand, that there is not a displeasing thought that arifeth in me against any man; I thank God, I say truly, my conscience bears me witness, that in all the honour I had to serve his Majesty, I had not any intention in my heart, but did aim at the joint and individual prosperity of the King and his people, although it be my ill hap to be misconstrued: I am not the first man that hath suffered in this kind, it is a common portion that befalls men in this life, righteous judgement shall be hereafter; here we are subject to errors and misjudging one another. One thing I desire that I might be heard, and do hope that for Christian charities sake I shall be believed: That I was so fare from being against Parliaments, that I always did think Parliaments in England to be the happy constitutions of the Kingdom and Nation, and the best means under God, to make the King and his people happy: As for my death I do hear acquit all the world, and beseech God to forgive them: In particular, I am very glad his Majesty conceives me not meriting so severe and heavy a punishment, as the utmost execution of this sentence, I do infinitely rejoice in it, and in the mercy of his, and do beseech God to return to him the same, that he may find mercy when he hath most need of it. I wish this Kingdom all prosperity and happiness in the world, I did it living, and now dying it is my wish. And I profess hearty, and do humbly recommend it to you, and wish that every man would lay his hand on his heart, and consider seriously, whether the beginning of the people's happiness should be written in letters of blood. I fear they are in a wrong way: I desire Almighty God, that no one drop of my blood rise up in judgement against them. I have but one word more, and that is for my Religion. My Lord of Armagh, I do profess myself seriously, faithfully, and truly, to be an obedient son of the Church of England: in that Church I was borne and bred, in that Religion I have lived, and now in that I die, prosperity and happiness be ever to it. It hath been said I was inclined to Popery: if it be an objection worth the answering, let me say truly from my heart, that since the time that I was 21. years of age, unto this day, going on 49. years, I never had thought or doubt of the truth of this Religion, nor had ever any the boldness to suggest to me the contrary (to my best remembrance,) and so being reconciled to the mercies of Christ Jesus my Saviour, into whose bosom I hope shortly to be gathered, to enjoy eternal happiness, which shall never have end. I desire hearty to be forgiven of every man, if any rash or unadvised words or deeds hath passed, and desire all your prayers; and so my Lord farewell, and farewell all things in this world. The Lord strengthen my faith, and give me confidence and assurance in the merits of Christ Jesus, I trust in God we shall all meet to live eternally in Heaven, and receive the accomplishment of all happiness, where every fear shall be wiped from our eyes, and sad thought from our hearts: And so God bless this Kingdom, and Jesus have meroy on my soul. Then turning himself about, he saluted all the Noblemen, and took a solemn leave of all considerable persons on the Scaffold, giving them his hand: And after that he said, gentlemans, I would say my prayers, and I entreat you all to pray with me, and for me; then his Chaplain laid the book of Common-prayer upon the chair before him as he kneeled down, on which he prayed almost a quarter of an hour, than he prayed as long or longer without a book, and ended with the Lords prayer; then standing up he spies his brother Sir George Wentworth, and calls him to him, and saith, brother we must part, remember me to my sister, and to my wife, and carry my blessing to my elder son, and charge him from me, that he fear God and continue an obedient son of the Church of England, and that he should approve himself a faithful subject to the King, and tell him that he should not have any private grudge or revenge towards any concerning me, and bid him beware that he meddle not with Church live, for that will prove a moth and canker to him in his estate, and wish him to content himself to be a servant to his Country, as a Justice of peace in his County, and not aiming at higher preferments; carry my blessing also to my daughters Anne, and Arrabella, charge them to fear and serve God, and he will bless them, not forgetting my little Infant that yet knows neither good nor evil, and cannot speak for itself, God speak for it and bless it; then said he, now I have nigh done, one stroke will make my wife husbandless, my dear children fatherless, and my poor servants master less, and separate me from my dear brother and all my friends, but let God be to you and them, all in all. After that, going to take off his doublet, and to make himself unready, he said, I thank God I am no more afraid of death, nor daunted with any discouragements rising from any fears, but do as cheerfully put off my doublet at this time, or ever I did when I went to bed. Then he put off his doublet; and wound up his hair with his hands, and put on a white cap. Then he called, where is the man that should do this last office? (meaning the Executioner) call him to me. When he came and asked him forgiveness, he told him he forgave him and all the World. Then kneeling down by the block, he went to prayer again himself, the Bishop of Armagh kneeling on the one side, and the Minister on other; to the which Minister after prayer he turned himself, and spoke some few words softly, having his hands lifted up: this Minister closed his hands with his; then bowing himself to the earth to lay his head on the block, he told the Executioner that he would first lay down his h●ad to try the fitness of the block, and take it up again before he would lay it down for good and all, and so he did: and before he laid it dow again, he told the Executioner that he would give him warning when to strike, by stretching forth his hands; and then laid down his neck on the block, stretching out his hands, the Executioner struck off his head at one blow, than took the head up in his hands, and shown it to all the people, and said, God save the King. SIXTEEN QVERIES Propounded by the Parliament of Ireland, to the Judges of the same Kingdom. THat the Judges may set forth and declare, whether the Inhabitants of this kingdom be a free people, or whether they be to be governed only by the ancient common laws of England. II. Whether the Judges of the Land do take the Oath of Judges, and if so, whether under pretext of any Acts of State, Proclamation, Writ, Letter, or direction under the great or privy Seal, or privy Signet, or Letter, another commandment from the Lord Lieutenant, Lord deputy, Justice, Justices, or other chief Governor, or Governors of this Kingdom they may hinder, stay or delay the suit of any subject, or his judgement, or execution thereupon, if so, in what cases, and whether, if they do hinder, stay or delay such suit, judgement or execution, what punishment they incur by the Law for their deviation and transgression therein. III. Whether the King's Majesties privy Counsel, either together, or with the chief Governor or Governors of this Kingdom, without him or them be a place of Judicature, by the common Laws, where in case between party and party for Debts, Trespasses, Accounts, Covenants, possessions, and title of Land, or any of them, and with them may be heard, and determined, and of what civil Causes they have jurisdiction, and by what Law, and of what force is their order or Decree, in such cases or any of them. iv The like of the chief Governors alone. V Whether Grant of Monopolies be warrantable by the Law, and of what, and in what Cases, and how, and where, and by whom, are the Transgessors against such Grantees punishable, and whether by Fine and mutilation of Members, imprisonment, loss, and forfeiture of goods, or otherwise, and which of them. VI In what Cases the Lord deputy, or other chief Governors of this Kingdom and Counsel, may punish by Fine, imprisonment, Mutilation of Members, Pillory, or otherwise, they may sentence any to such the same, or the like punishment, for infrigeing the commands of any Proclamation, or Monopoly, and what punishment do they incur, that doevote for the same. VII. Of what force is an Act of state or Proclamation in this Kingdom to bind the liberty, goods, possessions, or inheritance of the natives thereof, whether they or any of them can alter the common Law, or the infringers of them lose their Goods, Chattels, or Leases, or forfeit the same by infringing any such Act of State or Proclamation, or both, and what punishment do the sworn Judges of the Law, that are privy Counsellors, incur that vote for such Act and execution of it. VIII. Whether the subjects of this Kingdom be subject to the Marshal Law, and whether any man in time of peace, no enemy being in the fields, with displayed colours can be sentenced to Death, if so, by whom, and in what cases, if not, what punishment do they incur that in time of peace, execute Martial Law. IX. Whether voluntary Oaths taken freely before Arbitrators, or others for affirmance, or disaffirmance of any thing, or for the true performance of any thing, be punishable in the Castle-Chamber, or in any other Court, and why and wherefore. X. Why, and by what Law, and upon what Rule of policy is it, that none is admitted to reducement in the Castle-chamber, until he confess the offence for which he is censured, when as Revera he might be innocent thereof, though subordined proofs or circumstances, might induce him to be censured. XI. Whether the Judges of the King's Bench, and by what law, do or can deny, the copies of Indictments, of Felony, or Tyeason to the parties accused of Treason, contrary to the statute of 42. Edw. 3. XII. Whether the statute of Baltinglase take from the Subjects, outlawed for Treason, though erroneously, the benefit of his Writ of Error, and how and by what means, that blin● clause not warranted, by the body of that Act came to be interted, and by what Law is it countenanced to the diminution of the liberty of the subject. XIII. What power have the Barons and the Court of Exchequer, to raise the respite of homage Arbitrarily to what value they please, and to what value they may raise it, and by what law they may distinguish between respite of homage, upon the diversities of the true value of the Fees, when as all Escuage is the same for great and small Fees, and they apportionable by Parliament. XIIII. Whether it's censurable in the subjects of this Kingdom, to repair into England to appeal to his Majesty for Redress of Jnjuries, or for other their accusers, if so, why, and in what condition of persons, and by what law. XV. Whether Deans and other Dignitanies of Cathedral Churches, be properly the mero jure donative, by this King, or not elective or collative, if so, why, and by what law, and whether the confirmation of a Dean de facto of the Bishops Grantee be good, and valid in the law, or no, if not, by what law. XVI. Whether the issuing of Quo Warrantoes against Burroughes, that anciently, and recently sent Burgesses to the Parliament, to show cause why they sent Burgesses to the Parliament be legal. CAPTAIN AUDLEY MERVINS SPEECH To the House of Commons in Ireland. Mr. Speaker, IT was equal care and policy in our Predecessors. First to lay a foundation, and then by a continued industry to build and perfect so glorious a fabric as the house of Commons lawful summoned by the King's writ represents itself unto us at this day. In which so elaborate and exquisite a structure being finished and crowned with those fruitful and peace-speaking events, may challenge by right the title of a Jubilee. To so great a model with neat and provident husbandry they intent no less than suitable furniture (which allowed pride) disdain to clothe it with any other, but with what by his Majesty's favour they had procured out of his own store; I mean those great and large privileges, which by several acts of royal favour have been dispensed, annexed, nay hypostatically united, to the same Privileges are the soul, by which we move the Sins and Nerves, by which we are compacted, they are them, by which we breathe. Privileges for their birth allied to the King's Prerogative, for their antiquity sacred, for their strength so reintrenched by common law, fortified by statutes, insconsed by precedents of all times, that no man ever attempted their violation with impunity, so that now and then it may be truly said, The King's house is all glorious within. If we which are Heirs to their laws, as unto their lands, will strive to make no addition to the rich inventurie of those privileges they have bequeathed unto us, yet with united spirits, let us all at least prevent the dilapidation, nay the diminution of the least of them. This present occasion of debating Mr. Fitz-Gerralds petition exhibited to this honourable house, sets before us blessings and curse, and is the first leaf (as we may term it) of the house of commons Almanak, not made to serve for one, but for many years, and calculated to serve indifferently for all latitudes, in which, our carriage makes this and all succeeding days but servile and working days, or otherwise imprints this day and our privileges in a conspicuous, plausive rubrique to posterity; whilst the Palladium was in Troy, neither the power nor the long siege of the Grecians, could prevail against it, whilst Minoes' purple locks curled from their native roots, Crete was unvanquished. The Moral of these (afflictions) emphatically preach and teach us this Doctrine, that the safety, pregnancy, glory, and strength of this house, is but only sent us upon this condition, whilst we keep, preserve, and defend our liberties, our rights, our privileges unbetrayed, unsuppressed, and uncontrolled: if any more allied to the corruptions of our own distempers, then challenging an interest in us by a legitimate birth, could involve this grave and great assembly, in such epidemical liturgy, as directly to snore, or at least to wink whilst our privileges clothed in a purple robe of glory (like a word never to be recalled) escape from among us, I say if ungrateful, I should out off the inheritance of these immunities entailed upon us, and confirmed as a monument all portion upon this younger brother of state this House of Commons, what can we expect, but that our Father's Ghosts apparelled with indignation, should appear unto us with this or the liking branding phrase. Most ungrateful and unfortunate posterity. O aetas parentum pejor Avis; better had it been for you not to live then to outlive your own infamy. If there had been a necessity, you should involve yourselves in a general-guilt, the election ought to have been of such a one as might have died with yourselves; but this like original sin, binds your posterity to sigh for a redemption. Did we bequeath unto you those fair ornaments to be stolen or snatched from you? Oh, where, where was your vigilancy and boldness to present so disastrous and fatal a consequence. Did we with no better success of imitation by your labour, and even unto hoarseness contend in the Parliament held 39 Hen. 6. as Prophesying your weakness, leave you a record to build upon? Where we admitted and privileged one Walter Clarke a Burgess of Chepengham, though at that time in execution ad s●ct. Reg. Did we for this purpose recommend unto you Ferrars case and our proceecing against the disturbers of his right? Did we for this purpose recommend unto you Belgraves case 43. of the Queen. Who notwithstanding be procured his election in Winchester by collusion, yet Maugre the great opposition raised by the Earl of Huntingdon upon the sight of the Sheriff's return (a sufficient amerment to satisfy us) we admitted and confirmed him in the protection of our house, did we for this purpose exemplify unto you the case of Richard Chidder, 5. Henry 4 who being arrested in his journey towards the Parliaments (where note that the date of the election is the date of the privilege.) They are twins of one birth, we engraft them as a twig to be writhed by our common root, and quickly lopped off that so perilous authority which would prunne our branches. Nay Mr. Speaker, our fellows labouring Parliament in England, with their hearty commendation have transmitted unto us a precedent from each house. The house of the Lords opening the gates of the Tower to prepare an entry to the censured Bishop of Lincoln, and the house of Commons with like imitation and like success having performed the same in Sir John eliot and innumerable others. But now I will endeavour to allay the distempered spirits of our Fathers, whilst with more patience and duty we attend the modest corrections of our indulgent King. And so exeunt Patres, and Intr. H. 8. in his own person commending the resolution and zeal of the house of Commons in preserving the lustre of their own Privileges from being Eclipsed, aledging himself to be interessed in them, since that he and they, knit together, completed one body, who in this our deserved calamities, would not rather imitate us by scoffs, then qualify our untimely repentance by absence of our own murdering wrongs. What may not E. 4. exprobrate unto us, who in the 3. year of his reign, records his regal pleasure to posterity? That all Acts, Suits, judgements, censures & qui dicit omne excludit nullum, awarded against any Member of Parliament, should be utterly void and frustrate, crowning the Act with an Emphatical epiphonema, and this act to endure for ever. And surely common reason is pregnant in the justification thereof. That where the public service and good is primarily intended, a supersedias must issue to private respects, since they cannot stand in competition, and inhabit our s● hear. If their judgements are not yet calmed and settled, behold his Majesty, that now is, clothed in his royal Robes, and thus speaking unto you from underneath his state. Gentlemen, why stagger you thus, that are yourselves the pillars of the commonweal, you are not upon breaking the Ice, nor bound upon the discovery of the unknown world, each leaf reports your precedents that are like Maps that secure and expedite your fortunate Navigation. From me you can expect no more satisfaction, than what I have declared in the third year of my Reign, in answer to the Petition of Right in Parliament, that I am interested in the maintaining of the Privileges of this House, being a main Pillar of the liberty of my Subject, the goods of one _____ being seized in my name, and for my use, for denying Tonnage and pondage, they reassumed, he being at the time of that seizure a Member of the House, and whether I distasted, sure I am, I had no redress. As for the tender care of my interest in the fine of 10000 l. and that you admitted my Attorney general to a favourable hearing in my behalf, though against yourselves (a Parliamentary custom not to be written in small Print) I thank you Gentlemen, yet I think you know, as well as I, that these great sounding Fines to me, have in their effects, but short and little accounts, if there be 3. bags, the little one is mine: the 5000 l. damages to the party (a sum equal) or more to the defendants estate) is as much as Magna Charta, by those words of salvo contenemento, would warrant: Therefore my Judges, by dividing it, might have considered me somewhat, whereas now the old proverb binds me, Where there is nothing left, the King loses his right. Now Mr Speaker, in a Parliamentary way, we must withdraw and enter into our own Sphere. Enter into a discuss of those objections, that impugn Mr Fitz-Gerralds election, admittance and privilege of this House; The first that ushers in the train, is a sentence clothed in sable, standing on tiptoe, and with a rusty dagger thrusting at a star, I mean a sentence speaking error, a sentence visitng the third and fourth generation, a sentence striving to leap over the bounds of Magna charta, thirty times confirmed, a sentence awarded against a Judge of a higher Court, than from which it issued. The cause in question is to nullify this sentence, which if he appear a person capable of his privilege, more sua vivit, and then neither it, nor any thing derivatory, or collateral to it, may be admitted against him by the rules of common, civil, or common Law, it being a maxim consonant to them all. Non potest adduci ejusdam rei excepio cujus petitur dissolutio. Now to prove this sentence void (Mr. Speaker) I being no professor of the Law, yet a Disciple of reason, and the body of the audient Subject to the like guilt: I will couch myself in arguments, quae probant & non probantur, leaving precedents and Book-cases to the learned long Robe: Then thus I argue. By the Star. 3. E. 4. All judgements, censures, sentences, etc. awarded against a member of Parliament are void, so was this government: some may say, the King is not here included, I say (qui dicit omne, excludit nullum) And experience, the mother of knowledge, teacheth the same in precedents afore rehearsed, and one I will add for all, which Trewman, 38. Hen. 8. who was in execution upon a writ of exigent after a Capias adsatis faciend. at the King's suit, and yet privileged, besides this is not at the King's suit, for the King is interessed here but secondarily both in name and profit. Now I must make good my minor, that he is a member of this house: he that was duly elected and truly returned, is a member of this house, so was he. Ergo, etc. My minor will be questioned, I confirm it thus, where the Kings writ for election is duly pursued, according to the most used and received form, there such an election is good, so was this. Ergo. Here (Mr. Speaker) falls the weight of their objection, which we will master, and answer with equal speed, and first vellicat mibi aurem nescio quis, and saith the writ is Burgensis de Burgo. but he is not Burgensis de Burgo. First I say quomodo constat, here is none to offer in proof he is not so, beside I offer it in Quaere, whether the election doth not ipsofacto make him a Burgess, & in omni instanti, again I say the writ is directive not positive. v. g. in a venire facias, the Sheriff commanded to return 12. yet if he return not 24. he shall be fined, in respect experience and practice proves, some of the 12. may be questioned and challenged, besides the writ explains itself, the Knights must be Comitatus tui, but the Burgesses and Citizens de qualibet Civitate & Burgo, which can admit of no other construction, but these two Burgesses out of every Burrow, & not as Comitatus tui, is, which were then of every Burrow, and certainly the Law provided this with great reason, as not doubting every Shire could afford two Knights, resident, yet jealous, whether every Burrow could provide two resident Burgesses qualified with these necessary adjuncts, as could befit a member of so noble a place; Again the writ commands duos milites, and yet exception was never taken upon returning of Esquires, so that the writ expounds itself, it is not literally to be taken. Next there is Thunder and Lightning shot out of the Statute, 33. H. 8. being a Stat. to regulate election, and absolutely commanding every Knight and Burgess to be resident and have a certain Fee-simple in every burrow and County, out of which they are elected; Here they suppose our Privilege will cry quarter as ready to be murdered by the Statute, but it is ominous ante victoriam canere. For first, we answer, that the disuse of a Statute antiquates a Statute, as is observed upon the Statute of Merton, and custom applauded by fortunate experience, hath in all Parliaments ever prevailed; a house of Commons would rather present Babel in its confusion, if the Tinker would speak his Dialect, the Cobbler his, and the Butcher conclude a greasy Epilogue, than the writ were well pursued, these were Idonei homines to take and give counsel de rebus arduis; but even to cut off the head of their own argument by a Sword of their own, this Stat. of 33. H. 8. seems by the preamble to be made in repeal of all former Statutes, by which, election not qualified with residency, was made void, and so became a grievance to the Commonwealth, and therefore this Statute makes the election not observed ut supra, only penal, so that there is nothing offered in objection, either from the writ or Statute to avoid this election. Now I have placed him and daily elected him, and then his privilege grows by consequence, yet we have other objections minoris magnitudinis, and to repeat them is to confute them; First, say they, every Libeler is de jure, excommunicated; I answer, every Libeler must be Scriptis, Pictis, or Cantilenis, our member is guilty of none of them, no, he is not termed, so neither in the censure, nor in any present proceeding. Another flourish is, that he pleaded not his privilege in the Castle-Chamber, in which very objection, they confess him privileged, and make themselves guilty, that they would proceed against a known member of our House. But see the Roman spirit of Mr. Fitz-Gerald, who would rather undergo the hazard of being a Star-chamber Martyr, than to submit our Privilege to an extrajudicial debate. It was in our honour he did this, and for his eternal applause: some body says the Castle-Chamber will think itself injured, there being Lords of the house of Parliament at and in the censure. As for the Lords, humanum est errare, but the Judges are rather involved in these words Premeditata malitia, for his election was the 11 of November sitting then in Parliament; and his censure the 13 of December, so they had 22 or 23 days to repent of their ill-grounded resolution, a greater affront never offered to the house of Commons, being comparative, as if the Recorder of the Tolsell should sentence the Lord chief Justice of Ireland, a member of our house is a walking Record, and needs not to melt the King's picture in his pocket. Others allege, it was an election purchased by collusion, but de non existentibus & non apparentib, cadem est ratio. And since the end of his election is in itself and peruse, for the advancing of the public service, as well to prove a sentence not then in rerum natura, both Law and charity in a benign construction of these two ends will allow the more favourable. Another objection is whispered, that the entrance is not found in the Clerk of the Parliaments Role; This is no matter to the validity of his election, for his privilege commenced 40 days before the Parliament, therefore this and the like are to be judged of as accidentia quae possunt abesse & adesse sine subjecti interitu. Truly (Mr. Speaker) my memory and lungs begin to prove Traitors to me; Another objection, if omitted, may be judged by these of what strength and maturity they, even as by the coinage of a penny, one may judge of a shilling; What hinders then, since here is wa●er, but that he may be baptised? Here are not non obstant's to be admitted in his new Patent of Denization, the common law, the Statute law, the Canon, the Civil law plead for his admittance, the writ of election, the exemplification of the Sheriff's return, all precedents of all ages, all reports plead for his admittance, our forefather's Ghosts, the present practice of Parliaments in England plead for his admittance, the King's successive commands, command and confirm his admittance; Away then Sergeant, and with the hazarding power of our Mace touch the Marshal's gates,, and (as if there were Divinity in it) they will open and bring us our Olive branch of peace, wrested from our stock, that with welcome Art we may engraft him to be nourished by a common root. Thus the King shall receive the benefit of an able subject, who is otherwise, civiliter mortuus, we enjoy the participation of his labour, and posterity, both ours and this. CAPTAIN AUDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 4o 1640. Concerning the impeachment of Sir Richard Bolton Knight, Lord Chancellor of Ireland; john Lord Bishop of Derry, Sir Gerrard Lowther Lord Chief Justice of the Common Pleas, and Sir George Ratcliff Knight, with high Treason by the Knights, Citizens, and Burgesses of the Commons House. My LORDS; I Am commanded by the Knights, Citizens, and Bur-Burgesses of the Commons House to present unto you Ireland's Tragedy, the grey headed Common Laws funeral, and the Active Statutes death and obsequies; this dejected spectacle answers but the prefiguring Type of Caesar's murder, wounded to the death in the Senate; And by Brutus his bosom friend, our Caesar's image by reflection, even the fundamental Laws and Statutes of this Kingdom, the sole means by which our estates are confirmed, our liberties preserved, our lives secured, are wound to death in the Senate, I mean in the Courts of Justice, and by Brutus too, even by those persons that have received their beings and subsistence from them, so that here enters those inseparable first Twins, Treason, and Ingratitude. In a plain phrase (My Lords) I tender unto you Treason, High Treason; such a Treason that wants nothing but words to express it. To counterfeit the King's Seal, to counterfeit the King's money it is Treason; but this dies with the individual party. To betray a Fort is Treason, but it dies with a few men. To betray an Army is a Treason, but it dies with a limited number, which may be reinforced again by politic industry. To blow up both Houses of Parliament is Treason, but succeeding ages may replant Branches by a fruitful posterity; but this High Treason which I do move in the name of the Houses of Commons, charge and impeach Sir Richard Bolion Knight, Lord Chancellor of Ireland, and Sir Gerard Lowther Knight, Lord Chief justice of the Common Pleas, john Lord Bishop of Derry, Sir George Ratcliff Knight; is in its nature so far transcending any of the former that the rest seem to be but petty Larcenies in respect of this. What is it to subvert the fundamental Laws of this Kingdom, (High Treason?) What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchased with sweat and expense, I mean the Statute laws, what is it but High Treason? What is it through an Innate Antipathy to the public good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government (High Treason?) What is it (since his Majesty the most amiable and delightful portraiture of flourishing and indulgent Justice to his Subjects) to present him personated in their extrajudicial censures and judgements; but to possess (it possible) the hearts of his loyal Subjects of this Kingdom: That he is a bloody and devowring Tyrant, and to provoke their never dying allegiance into a fatal and desperate Rebellion. What is it to violate the sacred Grants of many of his Majesty's Progenitors Kings and Queens of England confirmed under the broad Seal, being the public faith of this Kingdom by an extrajudicial breath grounded upon no record? What is it to insent a surreptitious clause forged by some servile brain in the preamble of our last Act of Subsidies by which the Kings most excellent Majesty, and the Earl of Stofford are placed in one and the same sphere, allowing them but equal influences to nourish the allegiance of this Kingdom, what is this but to extol other then Regal Authority, and to crucify the Majesty of our most gracious Sovereign betwixt the two Thiefs of Government, Tyranny and Treason. My Lords, having such a full and lasting Gale to drive me into the depth of these accusations, I cannot hereby steer and confine my course within the compass of patience, since I read in the first volumes of their brows, the least of these to be the certain ruin of the Subject, and if proved, a most favourable Prologue to usher in the Tragedy of the Actors, Councillors and Abetters herein. What was then the first and main question, it was the subvertion of the fundamental Laws of this Kingdom, let then magna Charta that lies prostrated, besmeared and grovelling in her own gore, discount her wounds as so many pregnant and undeniable proofs, mark the Epithet Magna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confirmed by 30. Parliaments in the succession of eight Kings, the violation of which hath several times engaged the Kingdom of England in a voluntary sacrifice: a Charter which imposeth that pleasant and welbecomming oath upon all Sovereignty, to vindicate and preserve the Immunity thereof; before the Crown encircle their Royal Temples in this oath of so high consequence and general interest his Majesty doth in a manner levy a fine to his Subjects use for avoiding all fraudulent conveyances in the Administration of Justice. And this oath is transplanted unto the Judges as the Feoffees in trust, appointed between his Majesty and the Subject, and sealed by his Majesty's provident care with that imphaticall penalty, that their estates and lives shall be in the King's mercy upon the violation of the same, either in whole or in part, neither hath the deserved punishment for the breach of this oath enacted as fulgura ex vitrio, or as bugbears to enforce the obedience of Children; no my Lords, the just execution of it upon their Predecessors though in breaches not so capital, might have warned them to have strangled their ill born resolutions in the Cradle, before they now proclaim their infancy and petition for their punishment. Witness Sir Thomas Weyland his banishment, confiscation of his goods and lands only for his mercenary Justice contrary to his oath, who was Chief Justice of the Common Pleas in the time of Edward the first. Witness Sir William Thorpe, Chief justice of the King's Bench, in the time of Edward the third, who was adjudged to be hanged, because he had broken the King's oath made unto the people wherewith he was entrusted in the Roll. Now my Lords, though Magna Charta be sacred for antiquity, though its confirmation be strengthened by oath, though it be the proper Dictionary that expounds meum & tuum, and assigns a Subject his birth right; yet it only survives in the Rolls, but now miserable rent and torn in the practice. These words Salvo cantenemento, live in the Rolls, but they are dead in the Castle Chamber. These words; Nullus liber bujus ejicitur è libero sue tenemento, in praejudicium parium, live in the Rolls, but they are dead where property and freehold are determined by paper Petitions. These words; Nulli vendemus, nulli differemus Justitiam, live in the Rolls, but they are dead when the Suits, judgements, and excecution of the Subject are wittingly and illegally suspended, retarded and avoided. Shall we desire to search the mortal wounds inflicted upon the Statute Laws, who sees them not lying upon their death bed stabbed with Proclamations, their primitive and genuine tenors escheated by Acts of State, and strangled by Monoplies. Will you survey the liberties of the Subjects, every prison spews out illegad attachments and commitments, every Pillory is died with the forced blood of the Subjects, and hath ears, though not to hear, yet to witness this complaint. Do you doubt of the defacement of the amiable Offices of his Majesty's most transplendent and renowned justice, and grace, let then that Microcosm of Letters Patents confirmed under his Majesties and his Predecessors broad Seal of the Kingdom, being the public faith thereof, and yet unchristened by frivolous and private opinions, rise up in judgement, let the abortive judgement of the tenure in Capite, where no tenure was expressed, nay let the Heretical and Traitorous opinions where the Tenure was expressed, yet to draw in all by Markets and Fairs granted in the same Patents rise up in judgements. What glass hath this unhappy divided Kingdom from his Majesty's presence and andience, to contemplate the fair and ravishing form of his royal intentions in, but in the clear and diaphanous administration of his justice, and what do these traitorous and illegal practice aim at but in affront to his Majesty (which we most tenderly resent) and discontent to his Subjects, to multiply as by a Magic glass the royal dispensation of his favours into the ugly and deformed visage of their suppression of the liberties, devastations of the estates, and the deprivation of the lives of his loyal Subjects, so that it may be said; Regali Capiti cervicem consul equinan● Jungere sic vellet variasque inducere plumas. My Lords, these aught to be considered with as serious an ear, as they were practised by mischievous experiments. Inquire of the Netherlands why their fields are grown fertile, by the inundation of blood, why the pensive Matrons solemnize too too frequent funerals of their Husbands and issue, and they will answer you it was for the preservation of their hereditary Laws, which Tyranny would have innovated. This Kingdom personated in the sable habit of a widow with dishelved hairs seems to Petition your Lordships, that since she is a Mother to most of us, yet certainly a Nurse unto us all, that you would make some other for redress of her Tyrannical oppression. These persons impeached, resemble the opacious body of the earth interposed to eclipse that light and vigour, which the solar aspect of Majesty would communicate unto his Subjects. They imitate the fish Sepia, that vomits a dark liquor out of her mouth to cloud the waters for her securer escape. They are those to whom the keys have been committed, yet they have barred the door to them that knoced. They are those unnatural Parents, that give their children stones, in stead of bread, and scorpions for fish. Was it for this purpose that the royal authority situated them in these eminent places, that like Beacons upon high Hills, they should discover and proclaim each innovation and stratagem against the public weal; whilst they in the mean time employ therein fire to public Incendiary, or, like Ignes fatui, seduce the easy and believing Traveller into pits and unexpected Mires? Were they sworn to seal their damnation, and not their confirmation of our liberty, estates, and lives? Shall a man be censured for perjury, in that breach of his private Faith, and those be justifiable in Treason, aggravated by perjury against the dignity of the Crowns, and public faith of the Kingdoms? No my Lords, the grave, judicious, and mature examination, and deserved punishment of these traitorous proceed, will speak these times as glorious to posterity in their information, as they are now lamented in their persecution. The bloud-thirsting sword of an hostile enemy, by a timely union, and a defensive preparation may be prevented. The thin ribbed Carcase of an universal famine, may have his consumption restored by a supply from our neighbouring Nations. The quick spreading venom of infectious pestilence may be prevented by Antidotes, and qualified by physical remedies. But this Catholic grievance, like a snake in the most verdant walks, (for such are the unblemished laws truly practised) stings us to death, when we are most secure; and like the King's evil, can only be cured by his Majesty's free and gracious permission of our modest and gentle proceed, for his vindication and our preservation therein concluded. Spencer, and Gamston who have left their names monumentally odious for the evil counsel they fed the King's ear with, yet did possibly advantage their own friends, while these dart their envy and Treason for a common Centre, equally touching the bounds of every superficies: for as concerning the valide estates they have illegally overthrown, when the Laws by your Lordship's industry receive their native vigour, they will reassume their confirmation: but the estates happily in themselves legal, that they have in an extrajudicial form established, will haste as speedily to their dissolution, so that Judas-like they betray their best friends with a kiss. My Lords, I cannot find any surviving chronology of times, this season to be paralleled with all circumstances, which makes me view the Records amongst the infernal spirits to find, if matched there I might extenuate their facts: where 1. they appear like the false spirit sent into the mouth of the Prophet to Abab to speak delusions to subvert the host of God. The most vehement and traitorous encounter of Satan, is lively deciphered in the true example of Job: where first, I observe the dismologie, he overthrows not Jobs. Magna Charta, he d●sseizes him not of his inheritance, nor dispossesses him of his Leases; but only disrobes him of some part of his personal estate: when he proceeds to infringe Jobs liberty, he doth not pillory him, nor cut off his ears, nor bore him through the tongue; he only spots him with some ulcers; here Satan stains, when these persons by their traitorous combinations, envy the very blood that runs unspilled in our veins; and by obtruding bloody Acts, damned in the last Parliament, will give Satan size ace, and the Dice at Irish, in inthralling the lives of the Subjects by their arbitrary Judicature. I would not my Lords be understood to impute to the Judges, and infallibility of error: nor in impeaching these, to traduce those, whose candour and integrity, shine with more admired lustre, than their white furs, who like trophies of virgin-justice, stood fixed and unmoved in the rapid torrent of the times, while these like straws and chips played in the streams, until they are devolved in the Ocean of their deserved ruin. No my Lords, humanum est errare, and the Law allows Writs of Error, and arrest of Judgement: but where there is crassa ignorantia against their Oath, against the Fundamental, Elementary, and known Laws of the Kingdom: Nay (my Lords where it is rather praemedita●a malitia, where there is an emulating policy who should raze and embessell the Records in the practic, that are for the tender preservation of our liberties, estates, and lives, seeking only to be glorious in a national destruction, as if their safety were only involved in our ruin, there I have command to pity, but not excuse them. To kill a Judge, quatenus a Judge, is not Treason, but to kill a Judge sitting in the place of judicature, is Treason; not for that the Law intends it out of any malice against the party, but for the malice against the Law: where then can an intensive, or an extensive malice be expressed or employed against the Law, than the practical dialect of these persons impeached, speaks with a known and crying accent. The Benjamites slang stones with their left hands, yet they would not miss a hairs breadth; these extrajudicial proceed are slung with the left, I mean they are sinistrious, and imprint their black and blue marks, more certain, and more fatal; for that they may say, Quae regio in terris nostri non plena laboris? Though these things be familiar unto us, yet I cannot but admire how this unproportionable body of judicature should swell up into such a vast and ulcerous dimension, but why should I considering this eccentric motion of the body of the Law had his birth obscure, resembling the tares that were sowed in the night time, but here is the difference; they were sown by the enemy in the absence of the Master: but these are sown by the Grand-masters themselves, purposely to overtop and choke the expected Harvest. Innovations in Law, and consequently in government, creep in like heresies in Religion, slily and slowly, pleading it the end a saucy and usurped legitimacy, by uncontrol'd prescription. My Lords, this is the first sitting, and I have only chalked out this deformed body of high Treason: I have not drawn it at length, lest it might fright you from the further view thereof: in conclusion, it is the humble desire of the Commons, that the parties impeached, may be secured in their persons, sequestered from this House, from the Counsel Table, and all places of judicature, as being Civiliter mortui; that they may put in their answers to the Articles ready now to be exhibited against them: and that all such further proceed may be secretly expedited, as may be suitable to justice, and the precedents of Parliaments, so his Majesty may appear in his triumphant goodness, and indulgency to his people: and his people may be ravished in their dutiful and cheerful obedience, and loyalty to his Majesty: your Lordships may live in Records to Posterity, as the instrumental reformers of those corrupted times, and that the Kingdom and Commonwealth may pay an amiable sacrifice in retribution, and acknowledgement of his Majesty's multiplied providence for our preservation herein. Articles of the Knights, Citizens, and Burgesses in the Parliament assembled, against Sir Ric: Bolton, Kt. Lord Chancellor of Ireland, John, Lord B. of Derry, and Sir Gerard Lowther Kt. L. Chief Justice of his Majesty's Court of Common-Pleas, and Sir George Radcliffe, Kt. in maintenance of the accusation, whereby they, and every of them, stand charged with high Treason. FIrst, that they the said Sir Richard Bolton, Knight, Lord Chancellor of Ireland, John, L. Bishop of Derry, Sir Ger. Lowther, Kt. Lord Chief Justice of his Majesty's Court of Common-Pleas, and Sir George Radcliffe, Knight, intending the destruction of the Commonwealth of this Realm, have traitorously confederated and conspired together, to subvert the Fundamental Laws and Government of this Kingdom, and in pursuance thereof, they and every of them, have traitorously contrived, introduced, and exercised an arbitrary and tyrannical Government against Law, throughout this Kingdom, by the countenance and assistance of Thomas, Earl of Strafford, then chief Governor of this Kingdom. II. That they and every of them, the said Sir Richard Bolton, Kt. L. Chancellor of Ireland, John, L. Bishop of Derry, Sir Gerard Lowther, Kt. L. chief Justice of the Common Pleas, and Sir George Radcliffe, Kt. have traitorously assumed to themselves, and every one of them, regal power over the goods, persons, lands, and liberties of his Majesty's Subjects in this Realm; and likewise have maliciously, perfidiously, and traitorously given, declared, pronounced, and published, many false, unjust, and erroneous opinions, Judgements, Sentences, and Decrees, in extrajudicial manner against Law, and have perpetrated, practised, and done many other traitorous and unlawful acts and things, whereby as well divers mutinies, seditions, and rebellions have been raised, as also many thousands of his Majesty's liege people of this Kingdom, have been ruined in their goods, lands, liberties, and lives, and many of them being of good quality and reputation, have been utterly defamed by Pillory, mutilation of members, and other infamous punishments: By means whereof his Majesty and the Kingdom have been deprived of their service in Juries, and other public employments, and the general trade and traffic of this Island for the most part destroyed, and his Majesty highly damnified in his customs and other revenues. III. That they the said Sir Rich. Bolton. John, L.B. of Derry. Sir Ger. Lowther, K. and Sir G. Radcliffe, and every of them, the better to preserve themselves, and the said Earl of Strafford, in these and other traitorous courses, have laboured to subvert the rights of Parliament, and the ancient course of Parliamentary proceed: all which offences were contrived, committed, perpetrated, and done at such time, as the said Sir Richard Bolton, Sir Gerard Lowther, and Sir George Radcliffe, Knights, were privy Counsellors of State within this Kingdom, and against their and every of their oaths of the same, at such times as the said Sir R. Bolton, Kt. was Lord Chancellor of Ireland, or chief Baron of his Majesty's Court of Exchequer, within this Kingdom, and Sir Gerard Lowther, Knight, was Lord chief Justice of the said Court of Common Pleas, and against their Oaths of the same, and at such time as the said John, L. Bishop of Derry, was actual Bishop of Derry, within this Kingdom, and were done and speciated contrary to their and every of their allegiance, several and respective oaths taken in that behalf. iv For which the said Knights, Citizens and Burgesses, do impeach the said Sir Richard Bolton, Lord Chancellor of Ireland, john, L. B. of Derry, Sir Gerard Lowther, Kt. L. chief Justice of his Majesties said Court of Common Pleas, and Sir George Radcliffe, Kt. aforesaid, and every of them of high Treason, against our Sovereign Lord the King, his Crown and Dignity. The said Knights, Citizens, and Burgesses, by Protestation, saving to themselves the liberty of exhibiting at any time hereafter, any accusation or impeachment against the said Sir Rich. Bolton, john, L. Bishop of Derry, Sir Gerard Lowther, and Sir George Radcliffe aforesaid, and every of them, and also of replying to them, and every of their answers, which they and every of them, shall make to the said Articles, or any of them, and of offering proof also of the premises, or of any other impeachment, or accusation, as shall be by them exhibited; as the case shall according to the course of Parliament require. And the said Knights, Citizens, and Burgesses do pray, that the said Sir Richard Bolton, Knight, Lord Chancellor of Ireland, john, Lord Bishop of Derry, Sir Gerard Lowther, Knight, Lord chief Justice of his Majesties said Court of Common Pleas, and Sir George Radcliffe, Knight, and every of them, be put to answer to all and every of the premises, and that all such Proceed, Examinations, Trial, and judgement, may be upon them and every of them, had and used, as is agreeable to Law and Justice. Copia vera. Signed, PHILIP PHERNESLY, Cler. Parliamenti. Sir Thomas Wentworths speech, XXij d. Martij, 1627. MAy this day's resolution be as happy, as I conceive the proposition (which now moves me to rise) is seasonable and necessary, for whether we shall look upon the King or the people, it did never more behoove this great Physician the Parliament, to effect a true consent towards the parties then now; This debate carries with it, a double aspect, towards the Sovereign, towards the Subject, though both innocent, both injured, both to be cured. In the representation of injuries, I shall crave your attention in the Cures; I shall beseech your equal cares, and better judgements (surely in the greatest humility, I speak it) these illegal ways are marks and punishments of indignation. The raising of Levies strengthened by Commission, with unheard of instructions, the billeting of Soldiers by Lieutenant's without leave, have been, as if they could have persuaded Christian Princes (nay Worlds) the right of Empire had been to take a way by strong hand; and they have endeavoured, as far as was possible for them to do it. This hath not been done by the King (under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice) but by Projectors, They have extended the prerogative of the King, beyond the just Centre, which was the sweet harmony of the whole. They have rend from us the light of our eyes▪ enforced a company of Guests, worse than the Ordinaries of France, vitiated our wives and daughters before our faces, brought the Crown to greater want than ever it was, by anticipating the Revenue, and can the Shepherd be thus smitten, and the flock not scattered? They have introduced a Privy Counsel ravishing at once the Spheres of all ancient government, imprisoning us without Bail or Bond. They have taken from us what shall I say (indeed what have ●hey left us) all mean of supplying the King, and ingratiating ourselves with him, taking up the roots of all propriety, which if it be not seasonably set into the ground by his Majesty's hand, we sh●ll have instead of beauty, baldness. To the making of them whole I shall apply myself, and propound a remedy, to all these diseases, by one and the same thing hath the King and people been hurt, and by the same must they be cured, to vindicate what? New things? No. Our ancient, sober, vital liberties, by reinforcing of the ancient Laws made by our Ancestors, by setting such a Character upon them, as no licentious spirit shall dare hereafter to enter upon them. And shall we think this away to break a Parliament? N●. Our desires are modest and just, I speak truly, both for the interest of the King and People. If we enjoy not those, it will be impossible to relieve him; Therefore let us never fear that they shall not be accepted by his goodness. Wherefore I shall descend to my motions, which conconsists of four parts, two of which have relation to the persons two to the propriety of goods, for the persons, the freedom of them from imprisoning. Secondly from employments abroad, contrary to the ancient customs for our goods, that no levies may be made but in Parliament. Secondly, no billeting of Soldiers: It is most necessary, that these be resolved, that the Subjects may be secured in both. Then for the manner in the second place, it will be fit to determine it by a Grand Committee. Sir Thomas Wentworths Speech 21. of April, Anno, 1628. Right wise, Right worthy: TOo many instigations importune the sequel of my words; First, the equity of your proceed. Secondly, the honesty of my request, for I behold in all your intendments a singularity grounded upon discretion and goodness, and your consultations steered as well by Charity as extremity of justice. This order and method I say of your proceedings, together with the importunity offered of the Subject in hand, have emboldened me to solicit an extension of the late granted protections in general. The lawfulness and honesty of the propositions depends upon these two particulars. I. The present troubles of the parties protected, having run themselves into a further and almost irrecoverable hazards, by presuming upon, and feeding themselves with the hopes of a long continuing Parliament. II. Let the second be this consequence; That that which is prejudicial to most, aught to minister matter of advantage to the rest; sigh than our interpellations and disturbances amongst ourselves are displeasing almost to all, if any benefit may be collected, let it fall upon those, for I think the breach of our Session can befriend none but such, nor such neither, but by means of the grant before hand. And because it is probable, that his Majesty may cause a Remeeting this next Michaelmas, Let thither also reach their prescribed time for liberty. And that till than their protections shall remain in as full virtue and authority, as if the Parliament were actually sitting. To the Right Honourable, the LORD deputy. Showing that in all ages past, since the happy subjection of this Kingdom, to the imperial Crown of England; it was and is a principal study, and Princely care of his Majesty, and his most Noble Progenitors, Kings and Queens of England, and Ireland, to the vast expense of Treasure and blood, that their loyal and dutiful people of this land of Ireland, being now for the most part derived from the British Ancestor, should be governed according to the municipial and fundamental laws of England, that the Statute of Magna Charta, or the great Charter for the liberties of England, and other laudable laws and Statutes, were in several Parliaments here enacted and declared, that by the means thereof, and of the most prudent and benign government of his Majesty and his royal Progenitors, this Kingdom was (until of late) in its growth to a flourishing estate, whereby the said people were heretofore enabled to answer their humble and natural desires, to comply with his Majesty's Royal and Princely occasions, by the free gift of 150000 l. star. and likewise by another gift of 120000 l. star. more during the government of the Lord Viscount Faulk-land, and after by the gift of 40000. l. and their free and cheerful gift of 6. entire Subsidies, in the 10. year of his Majesty's Reign, which to comply with his Majesties then occasions signified to the then H. of Commons they did allow should amount in the collections unto 250000. l. although as they confidently believe, if the said Subsidies had not been levied in a moderate Parliamentary way, they would not have amounted to much more than half the said sum, besides the four entire Subsidies, granted in this present Parliament. So it is, may it please your Lordship, that by the occasion of the ensuing and other grievances and innovations, though to his Majesty no considerable profit, this Kingdom is reduced to that extreme and universal poverty, that the same is now less able to pay a Subsidy, than it was heretofore to satisfy all the before recited great payments, and his Majesty's most faithful people of the same, do conceive great fears that the grievances and the consequences thereof may hereafter be drawn into precedents to be perpetuated upon their posterity, which in their great hopes and strong belief, they are persuaded is contrary to his Majesty's Royal and Princely intention towards his said people, some of which said grievances, are as followeth. I. First, the general and apparent decay of Trades, occcasioned by the new and illegal raising of the book of Rates and Impositions, as xii, d. a piece, custom for Hides bought for 3.4. or 5. s. and many other heavy Impositions upon native and other commodities exported and imported, by reason thereof and of the extreme usage, and censures, Merchants are beggared, and both disenabled and discouraged to trade; and some of the honourable persons who gain thereby, are often judges, and parties, and that in conclusion his Majesty's profit thereby is not considerably advanced. II. Secondly, the arbitrary decision of all civil causes and controversies, by paper petitions before the Lord Lieutenant, and Lord Deputy, and infinite other judicators upon references from them derived in the nature of all actions, determinable at the Common-law, not limited unto certain times, seasons, causes, and things whatsoever, and the consequence of such proceed, by receiving imomoderate and unlawful fees by Secretaries, Clerks, Pursivants, Sergeants at Arms, and otherwise, by which kind of proceed, his Majesty loseth a considerable part of his Revenue, upon original writs, and otherwise; and the Subject loseth the benefit of his writ of error, Bill of reversal, vouchers, and other legal and just advantages, and the ordinary course and Courts of Justice declined. III. Thirdly, the proceed in civil causes at the Council board, contrary to the law and great Charter, and not mitted to any certain time or season. IU. Fourthly, that the Subject is in all the material parts thereof, denied the benefit of the principal graces, and more especially of the Statute of Limitations, of the 21. Jan. granted by his Majesty in the 4 year of this Reign, upon great advice of the Counsel of England, and Ireland, and for great consideration; and th' n published in all the Courts of Dublin, and in all the Courts of this Kingdom in open Assizes, whereby all persons do take notice, that contrary to his Majesty's ploughs intention, his Subjects of this Land have not enjoyed the benefit of his Majesty's Princely promise thereby made. V. Fiftly, the extraiudiciall avoiding of Letters Patents of estates of a very great part of his Majesty's Subjects under the great Seal (the public faith of the Kingdom) by private opinions delivered at Council Board, without legal Evictions of their estates, contrary to the Law and without precedent or example of any former age. VI Sixtly, the Proclamation for the sole exemption and uttering of Tobacco, which is bought at very low Rates, and uttered at high and excessive Rates, by means whereof thousands of Families within this Kingdom and of his Majesty's subjects in several Islands, and other parts of the West Judies (as your Petitioners are informed) are destroyed, and the most part of 〈◊〉 Coin of this Kingdom is engrossed into particular hands: Insomuch that your Petitioners do conceive that the profit arising and engrossed thereby, doth surmount his Majesty's Revenues certain and casual within this Kingdom, and yet his Majesty receiveth but very little profit by the same. VII. Seventhly, the unusual and unlawful increasing of Monopolies to the advantage of few, to the disprofit of his Majesty, and the impoverishment of his people. VIII. Eighthly, the extreme and cruel usage of certain late Commissioners and other, towards the British Farmers and Inhabitants of the City and County of London-derry, by means whereof the worthy plantation of that Country is almost destroyed, and the Inhabitants are reduced to great poverty, and many of them forced to forsake the Country, the same being the first and most useful Plantation in the large Province of Ulster, to the great weakening of the Kingdom, in this time of danger, the said Plantation being the principal strength of those parts. IX. Ninthly, the late erection of the Court of high Commission for causes Ecclesiastical in these necessitous times, the proceed of the said Court in many causes without legal warrant, and yet so supported as prohibitions have not been obtained, though legally sought for, and the excessive fees exacted by the ministers thereof, and the encroaching of the same upon the jurisdiction of other Ecclesiastical Courts of this Kingdom. X. Tenthly, the exorbitant and Barbarous Fees and pretended Customs exacted by the Clergy against the Law, some of which have been formerly represented to your Lordship. XI. Eleventhly, the Petitioners do most hearty bemoan that his Majesty's services and profits are much more impaired than advanced by the grievances aforesaid. And the Subsidies granted in the last Parliament having much increased his Majesty's Revenue by the buying in of Grants, and otherwise, and that all his Majesty's debts then due in this Kingdom were satisfied out of the said Subsidies, and yet his Majesty is of late (as your Petitioners have been informed) in the House of Commons become indebted in this Kingdom in great sums, and they do therefore humbly beseech that an exact account may be sent to his Majesty, how and in what manner his treasure issued. XII. Twelfthly, the Petitioners do humbly conceive great and just fears, at a Proclamation published in this Kingdom in Anno Dom. 1635. prohibiting men of quality or estate for to departed this Kingdom into England, without the Lord Deputies Licence, whereby the Subjects of this Kingdom are hindered and interrupted from free access and address to his sacred Majesty and Privy Counsel of England, to declare their just grievances, or to obtain remedy for them, in such sort as their Ancestors have done in all ages, since the Reign of King Henry the second, and great Fees exacted for every of the said Licenses. XIII. Thirteenthly, that of late his Majesty's late Attourny general hath exhibited informations against many ancient Burroughs of this Kingdom into his Mai sties Court of Exchequer, to show by what warrant the said Burrougheses, who heretofore sent Burgesses to the Parliament, should send the said Burgesses to the Parliament. And thereupon for want of an answer, the said Privilege of sending Burgesses was seized by the said Court, which proceed were altogether Coram non Judice, and contrary to the Laws and Privileges of the House of Parliament (and if way should be given thereunto) might tend to the subversion of Parliaments, and by consequence to the ruin and destruction of the Commonwealth, and that the House of Commons hath hitherto in this present Parliament been deprived of the advice and Counsel of many profitable and good members by means thereof. XIV. Fourteen, that by the powerfulness of some ministers of State in this Kingdom, the Parliament in its members and actions hath not his natural freedom. XV. Fifteenthly, that the fees taken in all the Courts of justice in this Kingdom, both Ecclesiastical, and Civil, and by other inferior Officers and Ministers, are so immoderately high, that it is an unspeakable burden to all his Majesty's Subjects of this, who are not able to subsist, except the same be speedily remedied and reduced to such a moderation as may stand with the condition of this Realm. And lastly, That the Gentry, Merchants, and other his Majesty's Subjects of this Kingdom, are of late by the grievances and pressures aforesaid and other the like, very near to ruin and destruction. And Farmers of Customs, Customers, Waiters, Searchers, Clerks of unwarrentable proceed, Pursuivants, and Gaolers, and sundry others very much enriched, whereby, and by the slow redress of the Petitioners grievances, his Majesty's most faithful and dutiful people of this Kingdom, do conceive great fears that their readiness approved upon all occasions, hath not been of late rightly represented to his Majesty. For Remedy whereof, the said Petitioners do humbly and of Right beseech your Lordship, that the grievances and pressures may be speedily redressed. And if your Lordship shall not think sit to afford us present relief therein, that your Lordship may admit a select Committee of this House of persons un interessed in the benefit arising, the aforesaid grievances to be licenced by your Lordship, to repair to his sacred Majesty in England for to pursue the same, and to obtain fitting Remedies for their aforesaid and other just grievances and oppressions, and upon all just and honourable occasions, they will without respect of particular interest or profit to be raised thereby, most humbly and readily in Parliament, extend their utmost endeavours to serve his Majesty, and comply with his Royal and Princely occasions, And shall pray, etc. A Speech against the Judges, per Ignotum quendam. Mr. Speaker, IT was a custom among the Romans (who as by their power they once gave laws, so by the happy success of their long flourishing Government, might they well give examples to all the world) that in their Senate's the youngest men spoke first: partly that they might not have their weaker notions anticipated by the more knowing Senators. And partly that the Senate might not be diverted from the mature resolutions of the more ancient by the interposition of the younger men; They as all free States ever allowing free members to express themselves according to their several capacities. And me thinks 'twas a happy Method. So your opinions and inclinations of the Assembly, being discovered and ripened to resolution by such gradations, the sentences of the Sages sounded as judgements, not orations, their wisdom and gravity put a seasonable Period to others, perhaps otherwise endless discourses. Their precedent encourges me (who worst may) to break the Ice: Children can lay their fingers on the Sore, point out their pain; and Infant Graduates in Parliament, may groan out the grievances of a diseased Commonwealth, but they must be Doctors in the Art of Government that can apply apt remedies to recover it. Mr. Speaker, Ancient and approved hath been that parallel of the body politic with the body natural: 'Tis the part of their Patients in either distempered, to impart freely their griefs to the Physicians of the body or state, if they expect a cure. This Commonwealth is (or should be) but one body. This house, the great Physician of all our maladies, and alas, Mr. Speaker, of what afflicted part shall we poor Patients complain first? Or rather of what shall we not complain? Are we not heartsick? Is there in us that which God requires, unity, purity, and singulari y of heart? Nay is not Religion (the soul of this body) so miserably distracted, that, I speak it with terror of heart, 'tis to be feared, there is more confusion of religions amongst us, than there was of tongues at the subversion of Babel: And is it not then high time that we understand one another, that we were reduced to one Faith, one Government. Sir, Is the Head whole: The sear of Government and Justice, the Fountain from whose sweet influence, all the inferior members of this body should receive both vigour and motion: Nay, hath not rather a general Apoplexy, or Palsy, taken, o●shaken all our members? Are not some dead? Others buried quick? Some dismembered, all disordered by the diversion of the course of Justice. Is the Liver (Nature's Exchequer) open; from whose free distribution each limb may receive his proper Nutriment, or rather is it not wholly obstructed? Our property taken from us? So that it may properly be said of us, Sic vos non vobis fertis aratra, our Ancestors drunk the juice of their own Vines, reaped and eat the fruit of their own harvest. But now the poor man's Plough goes to surrow the Seas, to build Ships: we labour not for ourselves but to feed the excressions of Nature, things grown up out of the ruins of the natural members. Monopolists. Sir, these are Maxima vitalia; Religion, justice, property; The Heart, the Head, the Liver of this great body, and these distempered or obstructed, can the subordinate parts be free? No sir, the truth is; all is so fare out of frame, that to lay open every particular grievance were to drive us into despair of cure; In so great confusion where to begin first, requires not much less care than what to apply. Mr. Speaker, I know 'tis a plausible motion to begin with setting God's House in order first: who presses that, moves with such advantage, that he is sure no man will gainsay him. 'Tis a welbecoming zeal to prefer Religion before our own affairs, and indeed 'tis a duty not to be omitted; where they are in equal danger: But in cure of the body, politic or natural, we must prefer the most pressing exigents. Physicians know that Consumptions, Dropsies, and such like linger diseases are more mortal, more difficult to cure then slight external wounds: yet if the least Vein be cut, they must neglect their greater cures to stop that, which if neglected, must needs exhaust the stock of nature, and produce a dissolution of the whole man. A Defection from the duties of our Religion is a Consumption to any State, no foundation is firm that is not laid in Christ. The Denial of justice, the abridgement of our liberties, is such an obstruction as renders the Commonwealth Leprous; but the wounds in our property lets out the life-blood of the people. The Reformation of Church-Government must necessarily be a work of much time, and God be thanked the disease is not desperate; We serve one God, we believe in one Christ, and we all acknowledge and profess one Gospel. The difference is only de modo, we vary but in Ceremonies to reduce which, to the Primitive Practice, must be a work of great debate, is not a work for us alone to settle. The stop of justice can yet injure but particulars, 'Tis true, there may be many, too many instances of strange oppressions, great oppressors, but 'twill be hard to judge the Conclusion. Et sic de caeteris. But take from us the propriety of our estates, our subsistence, we are no more a people. This is that veyn which hath been so deep cut, so fare exhausted, that to preserve our being, we must doubtless stop this current: Then settle Rules to live by, when we are sure to live. Mr. Speaker, he that well weighs this little word Property, or propriety in our estates, will find it of a large extent; The Leeches that have sucked this blood, have been Excise, Benevolences, Loans, Impositions, Monopolies, Military, Taxes, Ship-money (cum multis aliis) all which spring from one Root. And is it not high time to grub up that root that brings forth such fruit? Shall we first stand to lop the branches one by one, when we may down with all at once? He that to correct an evil tree, that brings forth bad fruit, shall begin at the master bough, and so lop downwards, is in danger to fall himself before the tree falls. The safer and speedier way is to begin at the root, and there, with submission to better judgements, would I lay the Axe The Root of most of our present mischiefs, and the ruin of all posterity, do I hold, to be that extraiudiciall (judgement I cannot say, but rather) doom, delivered by all the judges under their hands out of Court, yet recorded in all Courts, to the subversion of all our Fundamental Laws, Liberties, and Annihilation, if not Confiscation of our estates. That in case of danger, the King may impose upon his subjects, and that he is the ●ole judge of the danger, necessity, and proportion, which in brief, is to take what, when, and where he will, which though delivered in the time of a gracious and merciful Prince, who we hope will not wrest it beyond our abilities, yet left to the Interpretation of a succeeding Tyrant, if ever this Nation be so fortunate to fall into the hands of such; it is a Record wherein every man might read himself a slave that reads it, having nothing he can call his own, all prostistute to the will of another. What to do in such a case, we are not to seek for precedents, our Honourable Ancestors taught us in the just and exemplar punishments of chief justice, Tresilian and his Complices (for giving their judgements out of Parliament against the established Laws of Parliament) how tender they were of us, how careful we ought to be to continue those Laws, to preserve the Liberty of our Posterity. I am far from maligning the person, nor in my heart wish I the Execution of any man, but certainly it shall be a justice well becoming this House, to lay their Heads at his Majesty's mercy, who laid us under his feet, who had made us but tenants at will of our Liberties and Estates. And though I cannot but approve of Mercy, as a great Virtue in any Prince, yet I hearty pray it may prove a Precedent as safe and useful to this oppressed State, as that of Justice. Mr. Speaker, blasted may that tongue be, that shall in the least degree derogate from the glory of those Halcyon days our fathers enjoyed, during the Government of that ever blessed, never to be fogot, Royal Elizabeth. But certainly I may safely say (without detraction) it was much advantage to the peace and prosperity of her Reign, that the great examples of Empson and Dudley were then fresh in memory: The Civility of our Laws tell us, that Kings can do no wrong, and then is the State secure, when Judges (their Ministers) dare do none. Since our times have found the want of such examples, 'tis fit we leave some to posterity. God forbidden all should be thought or found guilty, there are doubtless some Ringleaders, let us sift them out. In public Government to pass by the Nocent, is equal injustice, as to punish the Innocent. An omission of that duty now, will be a guilt in us, render us shamed in History, cursed by Posterity, our gracious and (in that act of voluntary Justice) most glorious King, hath given up to the satisfaction of his afflicted People, the authors of their Ruins: the power of future preservation is now in us. Et qui non servat patriam, cum potest, idem facit destruenti patriam. What though we cannot restore the damage of the Commonwealth, we may yet repair the breaches in the bounds of Monarchy. Though it be with our loss and charge, we shall so leave our children's children, fenced as with a wall of safety, by the restauration of our Laws, to their ancient vigour and lustre. 'Tis too true, and 'tis to be feared, the Revenues of the Crown, sold outright, would scarce remunerat the injuries, repay the losses of this suffering Nation, since the pronouncing of that fatal sentence. What proportionable satisfaction than can this Commonwealth receive, in the punishment of a few inconsiderable Delinquents? But 'tis a Rule valid in Law, approved in equity, that Qui non habent in crumen Luant in Corpore. And 'tis without all question in policy, exemplar punishments conduce more to the safety of a State, than pecuniary reparations; Hope of impunity lulls every bad-great-officer into security for his time, and who would not venture to raise a Fortune, when the allurements of honour and wealth are so prevalent, if the worst is can fall, be but Restitution. We see the bad effects of this bold-erroneous opinion; what was at first but corrupt Law; by encouragement taken from their impunity, is since become false Doctrine, the people taught in Pulpits, they have no property, Kings instructed in that destructive principle, that all is theirs, and is thence deduced into necessary state-policy, whispered in counsel, That he is no Monarch, who is bounded by any Law. By which bad consequences, the best of Kings, hath been by the infusion of such poisonous positions diverted from the sweet inclinations of his own Natural Equity and Justice, the very essence of a King taken from him, which is preservation of his people: and whereas Salus populi is, or should be, Suprema Lex, the power of undoing us, is masqued under the stile of what should be Sacred Royal Prerogative. And is it not high time for us to make examples of the first authors of this, subverted Law, bad Counsel, worse Doctrine? Let no man think to divert us from the pursuit of justice, by poisoning the clear streams of our affections, with jealous sears of his Majesty's Interruption, if we look too high. Shall we therefore doubt of justice, because we have need of great Justice? We may be confident the King well knows, That his justice is the Band of our Allegiance: That 'tis the staff, the proof of his Sovereignty. 'Tis a happy assurance of his intentions of grace to us, that our loyalty hath at last won him to tender the safety of his people: and certainly (all our pressures weighed this 12 year's last passed) it will be found the passive loyalty of this suffering Nation, hath ourdone the active duty of all Times and Stories. As the Poet hath it, fortiter ille facit, qui miser esse potest: I may as properly say, Fideliter fecimus, we have done loyally to suffer so patiently. Then since our Royal Lord hath in mercy visited us, let us not doubt, but in his Justice he will redeem his people. Qui timidè rogat docet negare. But when Religion is innovated, our Liberties violated, our Fundamental Laws abrogated, our modern Laws already obsoleted, the propriety of our Estates alienated. Nothing left us, we can call our own, but our misery and our patience: if ever any Nation might iustifiably, this certainly may now, now most properly, most seasonably cry out, and cry aloud, vel Sacra Regnet justitia, vel Ruat Coelum. Mr. Speaker, the sum of my humble motion, is, that a special Committee may be appointed, to examine the whole carriage of that Extraiudiciall judgement. Who were the Counsellors, Solicitors, and subscribers to the same: the reasons of their Subscription, whether according to their opinions; by importunity or pressure of others, whether proforma tantum. And upon report thereof to draw up a charge against the guilty, and then Lex Currat, Fiat justitia. A brief Discourse, concerning the power of the Peers and Commons of Parliament, in point of judjcature. SIR, to give you as short an account of your desires as I can, I must crave leave to lay you as a ground, the frame or first model of this State. When after the period of the Saxon time, Harold had lifted himself into the Royal Seat; the Great men, to whom but lately he was no more equal either in fortune or power, disdaining this act, of arrogancy, called in William then Duke of Normandy, a Prince more active than any in these Western parts, and renowned for many victories he had fortunately achieved against the French King, than the most potent Monarch in Europe. This Duke led along with him to this work of glory, many of the younger sons of the best families of Normandy, Picardy, and Flanders, who as undertakers, accompanied the undertaking of this fortunate man. The Usurper slain, and the Crown by war gained, to secure certain to his posterity what he had so suddenly gotten, he shared out his purchase, retaining in each County a portion to support the Dignity Sovereign, which was styled Demenia Regni; now the ancient Demeans, and assigning to others his adventures such portions as suited to himself dependency of their personal service, except such Lands as in free Alms were the portion of the Church, these were styled Barones Regis, the King's immediate Freeholders, for the word Baro imported then no more. As the King to these, so these to their followers subdivided part of their shares into Knights fees, and their Tenants were called Barones Comites, or the like; for we find, as in the Kings Writ in their Writs Baronibus suis & Francois & Anglois, the Sovereign gifts, for the most part extending to whole Counties or Hundreds, an Earl being Lord of the one, and a Baron of the inferior donations to Lords of Town-ships or Manors. And thus the Land, so was all course of judicature divided, even from the meanest to the highest portion, each several had his Court of Law, preserving still the Manor of our Ancestors the Saxons, who jura per pages reddebant; and these are still termed Court-Barons, or the Freeholders' Court, twelve usually in number, who with the Thame or chief Lord were judges. The Hundred was next, where the Hundredus or Aldermanus, Lord of the Hundred, with the chief Lord of each Township within their limits judged; God's people observed this form in the public Centureonis & decam Judicabant plebem omni tempore. The County or Generale placitum was the next, this was so to supply the defect, or remedy the corruption of the inferior, Vbi Curiae Dominorum probantur defecisse, pertinet ad vice comitem Provinciarum; the judges here were Comites, vice comites & Barones Comitatus qui liberas in hoc terras babeant. The last and supreme, and proper to our question, was generale placitum apud London universalis Synodus in Charters of the Conqueror, Capitalis curia by Glanvile, Magnum & Commune consilium coram Rege & magnatibus suis. In the Rolls of Henry the 3. It is not stative but summoned by Proclamation, Edicitur generale placitum apud London, saith the book of Abingdon, whether Epium Duces principes, Satrapae Rectores, & Causidici ex omni parte confluxerunt ad istam curiam, saith Glanvile: Causes were referred, Propter aliquam dubitationem quae emergit in comitatu, cum Comitatus nescit dijudicare. Thus did Ethelweld, Bishop of Winchester, transfer his suit against Leostine, from the County ad generale placitum, in the time of King Etheldred, Queen Edgine against Goda; from the County appealed to King Etheldred at London. Congregatis principibus & sapientibus Angliae, a suit between the Bishops of Winchester and Durham, in the time of Saint Edward. Coram Episcopis & principibus Regni inpresentia Regis ventilate & finita. In the tenth year of the Conqueror, Episcopi, Comites & Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis & tractandis Convocati, saith the book of Westminster. And this continued all along in the succeeding Kings reign, until towards the end of Henry the third. AS this great Court or Council consisting of the King and Barons, ruled the great affairs of State, and controlled all inferior Courts, so were there certain Officers, whose transcendent power seemed to be set to bound in the execution of Prince's wills, as the Steward, Constable, and Marshal, fixed upon Families in Fee for many ages: They as Tribunes of the people, or explori among the Athenians, grown by unmanly courage fearful to Monarchy, fell at the feet and mercy of the King, when the daring Earl of Leicester was slain at Evesham. This chance and the dear experience H the 3. himself had made at the Parliament at Oxford in the 40. year of his Reign, and the memory of the many straits his Father was driven unto, especially at Rumny-mead near Stanes, brought this King wisely to begin what his Successor fortunately finished, in lessoning the strength and power of his great Lords; and this was wrought by searching into the Regality they had usurped over their peculiar Sovereigns, whereby they were (as the book of St. Alban termeth them.) Quot Domini tot Tiranni. And by the weakening that hand of power which they carried in the Parliaments by commanding the service of many Knights, Citizens, and Burgesses to that great Council. Now began the frequent sending of Writs to the Commons, their assent not only used in money, charge, and making Laws, for before all ordinances passed by the King and Peers, but their consent in judgements of all natures whether civil, or criminal: In proofe-whereof I will produce some few succeeding Precedents out of Record. When Adamor that proud Prelate of Winchester the King's half brother had grieved the State by his daring power, Liber S. Alban, fol. 20.7. An 44. H. 3. he was exiled by joint sentence of the King, the Lords, and Commons, and this appeareth expressly by the Letter sent to Pope Alexander the fourth, expostulating a revocation of him from banishment, because be was a Churchman, and so not subject to any censure, in this the answer is, Si Dominus Rex & Regnimajores hoc vellent, meaning his revocation, Communit as tamen ipsius ingressum in Angliam jam nullatenus sustineret. The Peers subsign this answer with their names and Petrus de Mountford vice totius Communitatis, as Speaker or Proctor of the Commons. For by that stile Sir John Tiptofe, Prolocutor, Charta orig. sub figil An. 8. H. 4. affirmeth under his Arms the Deed of Entail of the Crowns by King Henry the 4. in the 8. year of his Reign for all the Commons. The banishment of the two Spencers in the 15. of Edward the second, Prelati Comites & Barones & les autres Peeres de la terre & Communes de royalme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord, and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widow of Sir John de Burgo complained in Parliament, Rot. Parl. 15. E. 3 vel. 2. that Hugh Spencer the younger, Robert Boldock, and William cliff his instruments, had by duresse forced to make a Writing to the King, whereby she was despoiled of all her inheritance, sentence is given for her in these words, Pur ceo que avis est all Evesques Counts, & Barones, & autres grandes & a tout Cominalte de la terre, que le dit escript est fait contre ley, & tout manere de raison si fuist le det escript per agard del Parliam. dampue elloquens all liure a ladit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope, Prel●. Parliam. 1. Ed. 3. Rot. 11 that to the sentence given against the Earl of Kent, the Commons were parties, as well as the Lords and Peers, for the King directed their proceed in these words, Comitibus, Magnatibus, Baronibus, & aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super his discernerent & judicarent quod rationi & justitiae, conveniret, habere prae oculis, solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesae Majestatis morti adjudicarent ejus sententia, etc. When in the 50 year of Edw. 3. the Lords had pronounced the sentence against Richard Lions, Parl An. 5. Edw. 3. otherwise then the Commons agreed, they appealed to the King, and had redress, and the sentence entered to their desires. When in the first year of Richard the second, William Weston, Parl. An. 1. Rich. 2 11 3.8. & 3.5. and John Jennings were arraigned in Parliament for surrendering certain Forts of the Kings, the Commons were parties to the sentence against them given, as appeareth by a Memorandum annexed to that Record. In the first of Hen. the 4. although the Commons refer by protestation, the pronouncing of the sentence of deposition against King Rich. the 2. unto the Lords▪ yet are they equally interessed in it, as it appeareth by the Record, for there are made Proctors or Commissioners for the whole Parliament, one B. one Abbot, one E. one Baron, and 2. Knights, Grace, and Erpingham for the Commons, and to infer that because the Lords pronounced the sentence, the point of judgement should be only theirs, were as absurd as to conclude, that no authority was best in any other Commissioner of Oyer, and Terminer then in the person of that man solely that speaketh the sentence. In 2. Hen. 5. the Petition of the Commons importeth no less than a right they had to act and assent to all things in Parliament, Rot. Parl. An. 2. H, 6. and so it is answered by the King; and had not the adjourned Roll of the higher House been left to the sole entry of the Clerk of the upper House; who, either out of the neglect to observe due form, or out of purpose to obscure the Commons right, and to flatter the power of those who immediately served, there would have been frequent examples of all times to clear this doubt, and to preserve a just interest to the Commonwealth, and how conveniently it suits with Monarchy to maintain this form, lest others of that well framed body knit under one head, should swell too great and monstrous. It may be easily thought for; Monarchy again may sooner groan under the weight of an Aristocracy as it once did, then under Democracie which it never yet either felt or feared. Sir John Holland's Speech in Parliament, 1640. Mr. Speaker, THe time of actions are not for rhetoric and elocution which emboldens me to rise; And though I must acknowledge myself to be one of the youngest Scholars, and meanest proficients in this great Schrole of wisdom, yet I conceive it a great part of my duty at this time both to deliver my suit and conscience. We are called hither Master Speaker by the Royal power, we sit here by the King's Majesty's grace and favour, and since his Majesty hath been graciously pleased to leave the government of all in our hands, I doubt not but we shall lay such a foundation in the beginning of this Parliament, that we shall make it a happy Age, a long lasting one since the dangers of these times, the present distempers of this State, and therein both his Majesty, and our necessities, yea and the whole Kingdom's safety do require it. We are called now, Master Speaker, as I conceive from the reports you have made of his Majesty's gracious Declaration, for four principal causes. First, for supply of his Majesty's wants. Secondly, for the relief of our Brethren in the Northern parts. Thirdly, for the remove of the Scots forces. Fourthly, for redress of ourowne grievances. That his Majesty's wants are great and many, Master Speaker, I think there is no man doubts it; and it is as certain out grievances are so to, they are great and many both in Church and Commonwealth; I shall but touch them in either, since they have been so fully remonstrated in both. First in the Church, by the usurping power of some Prelates and their adherents, by which means many great dangers, innovations of doctrines, of discipline, of government have been thrust upon us. Secondly in the Church, by public sufferances of Priests and Jesuits, not only to come into the land, by which means the number of Romish catholics are dangerously multiplied, Idolatry increased, and Gods heavy judgements highly provoked. Thirdly in the Commonwealth, by the late inundations of the Prerogative Royal, which have broken out, and almost overturned all our liberties, even those which have been best and strongest fortified, the Grand Chartea itself. Mr. Speaker, that which hath been so oft, so solemnly confirmed in the Succession of so many Princes, ratified in his Majesty's name, founded by the wisdom of former ages, purposely to keep the beam over and between Sovereignty. Even this Master Speaker, the dearest and chiefest part of our inheritance hath been infringed, broken, and set at nought in the Commonwealth by the over-potencie of some fair great ones, sacred Councillors of State; by whose advices it is thought the greatest part of these present distempers, under which the body of this Commonwealth at this time labours, do deprive their originals. Fourthly in the Commonwealth, by the mischievous practices and policies of some subtle Projectors, and under the title of the King's profit, and the public good; they have entitled themselves to great and vast estates, and that by the damage of the whole Kingdom. They are Master Speaker, the very moths and cankers that have fretten and eaten out all Trade and commerce, the very beauty, strength, and health of this famous Island. In the Commonwealth, by the entertainment of Foreigners and strangers, and that at his Majesty's excessive charge, by which means his Majesty's Coffers are emptied, his Revenues shortened, and the whole Kingdom many other ways oppressed. But Master Speaker, I shall not trouble myself any further in so vast, so large a field; I shall now represent my own weak apprehensions for our progressions in all the particulars for which we have been called, and in all humility submit unto them. First, of supply in his Majesty's wants, I do humbly desire we may proceed there within its due time; and that with as much loyal duty and liberality, as ever any people expressed towards their Prince, I think I may say the present affairs of the Kingdom require it. For the relief of our Brethren in the Northern parts, with a sense of charity, and fellow feeling of the miseries, afflictions, and losses, In the removing of the Scottish Army with a soft and gentle hand of mediation, purification, and reconciliation, if possible it may be wrought with his Majesty's honour, and the Kingdom's safety (if not) then to repel and repulse them with stout and resolute spirits, with valiant and united hearts and hands, such as shall best suit with our duty to God, our King, our Country; such as shall best become his honour, and ancient renown of this English Nation. In redress of our grievances in those of the Church, which ought to have priority in our consultation; as well in respect of necessity, as dignity. In these Master Speaker, I do humbly desire, and doubt not but we shall proceed with all true piety, and well grounded on each guiding Helve towards God's House, and his truth. In those of the Communality, with a religious care of our Country's freedom, in the faithful performance of the trust reposed in us, by them that sent us, in the preservation of our rights, our ancient rights, the rights of our inheritance, our liberties, our privileges, our properties. Yet in all, Mr. Speaker, I do humbly desire we may proceed, as best suiting the matter and condition of these distempered times, or as best becoming the honour, dignity, and wisdom of this so great a Court, so great Council, with all temper, modesty, and all due moderation. SIR EDWARD HALE HIS SPEECH. Mr. Speaker, HIs Majesty hath been graciously pleased to call us together again, to consider freely of all matters of grievances, both of this Church and Commonwealth of England, and for to be assistants in our Counsels and helps unto him, about the Scottish Nation, that forceably have entered into our Kingdom, so as they may be ordered into their own Country, or chased away out of this, without any dishonour to the King's Majesty and this Kingdom; all which matters are of great importance, moment, and consequence, and will crave great consideration and debating, in our best wills, wisdoms, and discretions, and that must be freely to give us leave. First therefore, under your favour, I do conceive it fit to make this a happy Parliament, to begin at home; For better it were the Scots come unto us, than the devil should raise his Army, to overthrow us both in Church and Commonwealth▪ For it is too pla●●●, he is come with great power, and his malice is great, and his policy strong, put into the heads of the Papists (not mean ones) and Prelates, Schismatics, and Atheists, in several Bands, which hath and seeketh to prevail so much by their several designs. Carefully, lovingly, and dutifully mentioned, and rightly too by the Lords Petition at York, and by a Petition of the Citizens at London, and also by a Petition of worthy gentlemen's sons, Apprentices thereof, so reputed to be. All which show the whole estate of our Church and Commonwealth to be grievously diseased of a Pleurisy, and must have a present and good cure, or else England is overthrown, which is the mother and Almoner of the King's welfare, and his posterity. Which disease, the King not fearing nor knowing, he had some ill counsel to let it run so fare in jeopardy of trouble and distress: 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, until they saw it, and this is it that made the Papists and Prelates rejoice in their own wisdom and honour, like Cham's, 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 King's Coffers, enabled to withstand all powerful 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 war 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 fr●● thence, we must make a virtue of necessity, a hard case for a good take heed and counsel; For since the plot of an after intended war, 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 book to be published against our proceed, these men which were the cause of publishing of it, are fit to published as Noah's cursed son Cham, shameless. 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 Japhet, 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 ourselves. 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 Satan's Roots of evil, viz. All Papists, because they are of the most dangerous seed of the Serpent, to the hurt of the Church and Commonwealth herein; that we agree with a general consent of Parliament, to search, see, and find 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 Council here sitting, and thence to ship them away at their own 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 Laws to be executed upon them. And for other long Inhabitants, Papist, and Recusants, such as may seem honest Subjects (only for Religion) the old orders and Statutes to be put in execution, without the abatement of the penalties, till they shall conform to our Religion; and if any have winked, or underhand compounded for the time past, to be punished, and made pay so much unto the King's Coffers, as justly due by the Statute ever since King Charles his Reign. The first course and Act of Parliament being speedily put in execution whilst 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 coming into this Kingdom, which we wish they had no worse intents; and sure it will be a means to try their intents, and our own 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 fare off the active toylsomenesse of these spiritual Ingineeres to undermine the old and true foundation of Religion, and establish their tottering heresy in Rome thereof, which lest it should not hold being built with untempered mortar: You see how careful they are by a past oath to force men's consciences not to alter their government archiepiscopal. And Master Speaker, the thoughts of the righteous are right, but the counsels 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 spiritual commerce, and studied to keep men's hearts upright to God, and his Truth; there was no such complaining in our Streets of them, nor had we never seen so many thousand hands against them as now there are come in. And no marvel though God withdraws so many hearts and hands from them, who had turned so many out of the way of truth, (vita tuta) they have stopped up but (via devia) they have enlarged and laid open, as appears by their crooked Canons, Master Speaker, I shall not go about to overthrow their government in the plural, but to limit it, and qualify 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, than their ruin. But let me tell you withal, that if we should find amongst them any proud Becket, or Wolsey Prelates, who stick not to write Ego & Rex meus. Or if there shall be sound any cruel Bonners, etc. such I confess I would not spare, for they will spare none. But in the counterbalance, if there may be found but one good Cranmer, or one good Latimer, or Ridley, I would esteem and prise them as such jewels to be set in the Kings own Cabinet; for such I am sure will pray for the peace of Jerusalem, and for the peace of King Charles, and his three Kingdoms, which God long preserve in concord and unity. But Master Speaker, we must also be Actors in the preservations of Religion's concordance, which will never be safe, nor well at quiet, until these heavy drossy Canons with all their base mettle be melted and dissolved; let us then dismount them, and destroy them, which is my humble motion. A SECOND SPEECH made by Sir John Wray, in the Commons-House, 24. November, 1640. Mr. Speaker, BY the report made from the Committee of Religion, you may see to what exorbitant height Popery is grown, and yet how slowly we go on to suppress it. I fear God is displeased with us, or else no disaster should have prevented the sealing of our Covenant, when intended, and I hope it shall be performed the next Sabbath. Had our Fast been accepted, and our Humiliation Cordial, no blow should have distracted our preparation. Master Speaker, if we had taken the good Counsel of our Teachers at the Fast, and believed their Report, we had done well; and by this time (no doubt) we might have found out Achan with his Wedge of Godl, and Babilonish garment. But we have spent our time only in peeling of the Bark, and snatching the boughs and branches of Popery, and that will do us no good, for they will prove, and grow thicker and harder. What must we do then, Master Speaker, to preserve our Religion safe and sound to us and to our Posterity, that our Candlestick be not removed. The only way is to fall to our work in earnest, and lay the Axe to the Root, to unloose the long and deep fangs of Popery and Superstition, which being once done, the body will soon fall down. Let us then Master Speaker, endeavour a through Reformation; for if it be imperfect, it will prove the seed of dissolution, if not dissolutions, which God forbidden. and to prevent it, I shall humbly move that the Groves and High-places of Idolatry may be removed and put down, and then God's wrath will be appeased, and till then never. Mr. GRIMSTONS' SPEECH, In the House of Commons IN PARLIAMENT, CONCERNING EPISCOPACY, In Feb. 1640. Mr. Speaker, THese two honourable Lords, Lord Digby, Lord Faulkland, that spoke last, have not only prevented me in much I intended to have spoken myself, but they have likewise taught me much I knew not before; Therefore it is not much you can expect from me: All that I shall say at this time, is rather to prepare the matter for the question, which hath already been so learnedly debated by them, than to speak any thing of the matter itself. I must confess, when I look upon the Bishops, or at least, upon some of them, and the way of their Government, and the sufferings of the people, under their Tyranny: I wonder not at all at the multitude of Petitioners and Petitions, that have this Parliament been preferred against them, and that they all cry out, Crucify Crucify, or that they would have been up by the roots, but it is necessary we should distinguish between the persons of the Bishops, which are so obnoxious, and their Functions and Offices; for there is no more weight in the Argument, that because the Bishops have done amiss, therefore take away Episcopacy, than there is in it, because the Judges of the Common Law are in fault, therefore take away Judges, and take away the Common Law: For my own part; I conceive it an easier matter, and safer for us, (Addere Inventis) to reform what is amiss in them and their Government, than (Creare Novum) to set up a new form of Government, which we have had no experience of, nor do we know how it should suit either with the humours of the people, or with the monarchial Government; And it may be the new Government which is so much desired, if it be brought in upon the grounds and foundations that some would have it, it will be out of our powers ever to minister it again. Whereas on the other side, the Government which is already established, if the Governors exceed their bounds, they may fall into a Praemunire, and other penalties which the Law hath provided in that Case; and if that be not sufficient, we have yet another hanck upon them, for our Parliaments have continually a command over them. Then, Sir, It may be demanded of me of their being so much amiss, what is that I would have done? Truly Sir, I am of opinion, that much must be done, or else we had as good do nothing. Therefore I come to the particulars, Church Government may be compared to a Castle, let a Castle be never so strong, once in four-score years (for so long it is since the first reformation) it may need repair, and it is not the Castle alone, I mean the Government, that needs repair, but likewise the Governors themselves, who most wickedly and traitorously have turned their Canons upon us, which should have been used for our defence. In the first place therefore I conceive it not only convenient, but of absolute necessity, and the pairing of their excrescences, I mean their temporal Jurisdiction: I must confess, I know not to what purpose they should sit upon our Benches at our Sessions of the Peace, and Goal-Deliveries, or in the Star-chamber, for by woeful experience, we find that their Judgements are guided there more by their boundless wills, and fiery transported passions, than by reason, and the rule of Law, which ought to have been their director. I conceive that of less use their sitting at the Council board, to be there at the Helm to guide and steer the temporal affairs of the Commonwealth, certainly that is not the Plough they ought to follow, and by the neglecting of it, that is the reason that so many briers, brambles, and stinking weeds, are sprung up in God's House, the Church, to the great destruction of all his Majesty's Kingdoms here at home, and the great wonder and amazement of all the reformed Churches abroad. And I conceive it of the least use of all their sitting in Parliaments, as powers to give their voices in the making of Laws; and yet I would not utterly exclude them. For I conceive it might be convenient that all, or at least, some of them might always be present there as Assistants, to give their advice in Spiritual matters when they are thereunto required by the Lords, as the Justices do in Temporal. In the next place I conceive it of, as absolute necessity, the robbing of the Jurisdiction of the high Commission Court, or at least, to limit and bond it, that it may (quadrare) with the great Charter of our liberties, and the Laws of this Kingdom. This Court hath for many years together, ridden upon the back of the common Law Courts, which ought to have been subservient to them. Each river must be kept within its, own bounds, and it is impossible to have two Suns shine together in one Firmament. They have likewise many superfluous Courts, which I conceive might very well be spared, as their Official Courts, and Commissary Courts. Sir, they are no better than cozening Lotteries, where the King's Subjects are detained of their monies, and where their Judges and inferior Officers do, like Physicians that always cure themselves, though they destroy their patients. I confess, I could willingly give my consent that they should keep their Chancellor's Court, and an Archdeacon Court, if such limits and bounds were put upon them, as by the wisdom of this House may easily be done. The Chancellor is (custos consciency) the Keeper of the Bishop's conscience, and the Archdeacon is (oculus Episc.) the Bishop's eye; And as I would not take away their consciences or their eyes, so I would not have them like Briareus have their finger in every business. This Sir, I have shortly presented you with my opinion, that is, that I am not willing it that should be referred to, or committed upon the point of subversion, but I am willing it should be referred upon the point of reformation. And if the sense of the House shall run that way, I doubt not but at the Commitree I shall make it manifest, that my heart stands affected with as much zeal, for the having a reformation, as any man that sits within these walls. DENSELL HOLLIS Esquior, His speech at the delivery of the Protestation to the LORDS, May the fourth, 1641. My Lords, THe Kuights, Citizens and Burgesses of the House of Commons, having taken into their consideration the present estate and condition of this Kingdom, they find it surrounded with variety of pernicious dangers, and destructive designs, practices and plots, against the well being of it, and some of those designs, hatched within our own bowels, and Viperlike working our own destruction. They find Jesuits, and Priests conspiring with ill ministers of State, to destroy our Religion; they find ill ministers conjoined together to subvert the Laws and liberties. They find obstructions of Justice, which is the lifeblood of every State, and having a free passage from the Sovereign power, where it is as primarily seated as the lifeblood in the heart, and there derived from the several Judicatories, or through so many veins, into all the parts of this great collective Body, doth give warmth and motion, to every part and member, which is nourished and inlivened by it. But being once precluded stoppd, and reared as the particular must of necessity faint and languish, so must the whole frame of government be dissolved. And consequently Sovereignty itself (which as the heart in the body, is primum movens, & ultimum moriens, must die and perish in the general dissolution, and all things as in the beginning in antiquum Chaos. My Lords, They find the property of the Subject invaded and violated, his estate rend from him by illegal taxations, Monopolies and projects almost upon every thing that is for the use of man, not only upon superfluities, but necessaries? and that every the Vermin and Caterpillars of the Land, and impoverishing good Subjects, to take the meat from the Children, and give it to Dogs. My Lords, if the Commons find these things, they conceive they must needs be ill counsels, that have brought us into this condition. These Counsels have put all into a combustion, have discouraged the hearts of all true English men, and brought two Armies into our bowels, which is the Unlture upon Prometheus, eats through, and sucks and gnaws our very hearts out. Hic Dolour, sed ubi Medicina? Heretofore Parliaments were the Catholical, the balm of Gilead, which healed our wounds, restored our spirits, and made up the breaches of the Land. But of late years they have been like the Figtree in the Gospel, without efficacy, without fruit, only destructive to their particular members, who discharged their duties and consciences no way beneficial to the Commonwealth. Nohis exitiale, nec Reipublico profuturum. As he saith in Tacitus, being taken away still as Elias was with a whirlwind, never coming to any maturity, or to their natural end, whereas they should be like the blessed old ma●, who dieth, plenus dier●●●, in a full ago, after he had fought a good fight, and overcome all his enemies, Or as the sh●cke of wheat, w●ich cometh in due season to fill our Garnaries with corn, uphold our lives with the staff of bread; for Parliaments are our panis quotidianus, our true bread, all other ways are but Quelkachees which yield no true nourishment, bread, nor good blood. The very Parliament which hath sat so long, hath but beat the Air, and strive against the stream, I may truly say the wind and tide hath still been against us. The same ill counsel which first raised the storm, and almost shipwrackt the Commonwealth, they still continue, they blow strong like the East wind that brought the Locusts over their Counsels, cross our designs, cast difficulties in our way, hinder our proceedi●gs, and make all that we do to be fruitless and ineffectual: They make us not masters of our business, and so not masters of many, which have been the great business of this Parliament, that we might pay the Armies, according to our promises and engagements. For my Lords, our not effecting of the good things which we have undertaken for the good of the Church and of the Commonwealth, hath wounded our Reputation, and taken off from our credit. Is it not time then, my Lords, that we should unite, and concentrate ourselves, in regard of this Anteparisiasis, of hurtful and malicious 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 coniuncture of our affairs, for one main Engine by which our enemies work our mischief, is by infusing an opinion and b●lei● into the world, that we are not united among ourselves. But like Sampsons' Foxes, we draw several ways, and tend to our several ends. To defeat the Counsels of these Achitophel's which would involve us. Our Religion, our being, our Laws, our liberties, all that can be near and dear unto an henest soul, in one universal and general desolation, to defeat I say, the Counsels of evil Achitophel's, the Knights, Citizens and Burgesses of the House of Commons (knowing themselves to be specially entrusted with the preservation of the whole, and in their Conscience are persuaded that the dangers are so eminent, as they will admit of no delay) have thought fit to declare their united affections, by entering into an assosciation amongst themselves, and by making a solemn Protestation and vow unto their God, that they will unanimously endeavour to oppose and prevent the Counsels and Counselors which have brought upon us all these miseries, and the fears of greater, to prevent the ends, and bring the Authors of them to condign 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 Clerk of the said House, to Attest under his hand, to the end that the Knights, Citizens, and Burgesses may send them down to the Sheriffs, and Justices of Peace of the several Shires, and to the Citizens and Burgesses of the several 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 willingness all the Members of this House made this Protestation. And further to signify, that as they justify 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 grief of our hearts, that the designs 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 Ruin of the true reformed Religion, in his Majesty's Dominions established, and finding also that there hath been, and having cause to suspect there still are, even during the sitting in Parliament, endeavours to subvert the fundamental Laws of England, and Ireland, and to introduce the exercise of an Arbitrary and tyrannical government, by most pernicious and wicked counsels, practices, plots, and conspiracies, and that the long intermision, and unhappier breach of Parliaments, hath occasioned many illegal Taxations; whereupon the Subjects have been prosecuted and grieved, and that divers Innovations and Superstitions have been brought into the Church, Multitudes driven out of his Majesty's Dominions, Jealousies raised and Fomented between the King, and his people, a Popish Army levied in Ireland, and two Armies brought into the bowels of this Kingdom, to the hazard of his Majesty's Royal Person, the Consumption of the Revenue of the Crown, and the treasure of this Realm. And lastly, finding the great causes of Jealousy, endeavours have been and are used to bring the English Army into misunderstanding of this Parliament; thereby to incline that Army by force, to bring to pass those wicked counsels, have therefore thought good to join ourselves 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 fare 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 Majesty's Royal Person, Honour, and Estate. As also the power and privilege of Parliaments, the lawful Rights and Liberties of the Subjects. And every person that shall make this Protestation, in whatsoever he shall do in the lawful pursuance of the same, and to my power, as fare as lawfully I may, I will oppose, and by all good ways and means endeavour to bring condign 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 Honourable ways, 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 Fundamental Laws and Government of his Majesty's Realms of England, and Ireland, and to introduce an Arbitrary and Tyrannical 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 Majesty's Subjects; and likewise for having by his own authority, commanded the laying and asseising of soldiers upon his Majesty's Subjects in Ireland, against their consents, to compel them to obey his unlawful commands and orders made upon pap●r Petitions, in causes between party and party, which accordingly was executed upon divers of his Majesty's Subjects in a Warlike manner, within the said Realm of Ireland; and in so doing, did levy War against the King's Majesty and his liege people in that Kingdom; And also for that he upon the unhappy Dissolution of the last Parliament, did slander the House of Commons to his Majesty, and did counsel and advise his Majesty, that he was lose 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 Wars 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 heinous crimes and offences aforesaid, stand, and be adjudged and attainted of high Treason, and shall suffer such pain of death, and incur the forfeitures of his Goods, and Chattels, Lands, Tenements, and Hereditaments of any estate of freehold 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 justices whatsoever, shall adjudge or interpret any Act or thing to be Treason, nor in any other manner than he or they should or ought to have done before the making of this Act, and as if this Act had never been had or made. Saving always unto all and singular persons and bodies, politic and corporal, their Heirs and Successors, others than the said Earl and his heirs, and such as claim by, from, or under him, all such right, title, and interest, of, in, and to all and singular, such of the said Lands, Tenements, and Hereditaments, as he, they, or any of them, had before the first day of this present Parliament, any thing herein contained to the contrary notwithstanding. Provided that the passing of this present Act, and his Majesty's assent thereunto, shall not be any determination of this present Sessions of Parliament, but that this present Sessions of Parliament and all Bills and matters whatsoever depending in Parliament, and not fully enacted or determined. And all Statutes and Acts of Parliament, which have their continuance until the end of this present Session of Parliament, shall remain, continue, and be in full force, as if this Act had not been. The first Speech concerning the the right of Bishops to sit in Parliament, May 21. 1641. My Lords, I Shall take the boldness to speak a word or two upon this subject, first as it is in itself, then as it is in the consequence: For the former I think he is a great stranger in Antiquity, that is not well acquainted with that of their sitting here, they have done thus and in this manner, almost since the conquest, and by the same power and the same right the other Peers did, and your Lordships now do, and to be put from this their due, so much their due, by so many hundred years strengthened and confirmed, and that without any offence, nay pretence of any, seems to me to be very severe; if it be jus, I dare boldly say it is summum. That this hinders their Ecclesiastical vocation, an argument I hear much of, hath in my apprehension more of shadow, then in substance in it: if this be a reason, sure I am it might have been one six hundred years ago. A Bishop, my Lords, is not so circumscribed within the circumference of his Diocese, that his sometimes absence can be termed, not in the most strict sense a neglect or hindrance of his duty, no more than that of a Zievetenant from his Count y, they both have their subordinate Ministers, upon which their influences fall, though the distance be remote. Besides my Lords, the lesser must yield to the greater good, to make wholesome and good Laws for the happy and well regulating of the Church and Commonwealth, is certainly more advantageous to both, than the want of the personal execution of their office, and that but once in three years, and then peradventure but a month or two, can be prejudicial to either. I will go no further to this, which experience hath done so fully, so demonstratively. And now my Lords, by your Lordship's good leave, I shall speak to the consequence, as it reflects both on your Lordships, and my Lords the Bishops. Dangers and inconveniencies are ever best prevented è longinquo; this precedent comes near to your Lordships, and such a one, mutato nomine de vobis. Pretences are never wanting, nay, sometimes the greatest evils appear in the most fair and specious outsides, witness the Shipmoney, the most abominable, the most illegal thing that ever was, and yet this was painted over with colour of the Law; what Bench is secure, if to allege be to convince, and which of your Lordships can say then he shall continue a member of this House, when at one blow twenty six are cut off. It than behoves the Neighbour to look about him, cum proximus ardet Vcalegon. And for the Bishops, my Lords, in what condition will you leave them? The House of Commons represents the meanest person, so did the Master his slave, but they have none to do so much for them, and what justice can tie them to the observation of those Laws, to whose constitution they give no consent, the wisdom of former times, gave proxies unto this House merely upon this ground, that every one might have a hand in the making of that, which he had an obligation to obey: This House could not represent, therefore proxies in room of persons were most justly allowed. And now my Lords, before I conclude, I beseech your Lordships to cast your eyes upon the Church, which I know is most dear and tender to your Lordships, you will see her suffer in her principal members, and deprived of that honour which here and throughout all the Christian World, ever since Christianity she constantly hath enjoyed; for what Nation or Kingdom is there, in whose great and public assemblies, and that from her beginning, she had not some of hers if I may not say as essential; I am sure I may say as integral parts thereof; and truly my Lords, Christianity cannot alone boast of this, or challenge it only as hers, even Heathenism claims an equal share. I never read of any of them, Civil, or Barbarous, that gave not thus much to their Religion, so that it seems to me to have no other original, to flow from no other spring than Nature itself. But I have done, and will trouble your Lordships no longer, how it may stand with honour and justice of this House to pass this Bill, I most humbly submit unto your Lordships, the most proper and only Juges of them both. The second Speech about the lawfulness and convenieny of their intermeddling in Temorall Affairs. My Lords, I Shall not speak to the Preamble of the Bill, that Bishops, and Clergy men ought not to intermeddle in temporal offairs. For, truly my Lords, I cannot bring it under any respect to be spoken of. Aught is a word of relation, and must either refer to humane or divine Law to prove the lawfulness of their intermeddling by the former, would be to no more purpose, than to labour to convince that by reason, which is evident to sense. It is by all acknowledged. The unlawfulness by the latter, the bill by no means admits of, for, it excepts Universities and such persons as shall have honour descend upon them. And your Lordships know, that circumstance and chance altar not the nature and essence of a thing, nor can except any particular from an universal proposition by God himself delivered. I will therefore take these two as granted, first that they ought by our Law to intermeddle in temporal affairs, secondly, that from doing so they are not inhibited by the Law of God, it leaves it at least as a thing indifferent. And now my Lords, to apply myself to the business of the day, I shall consider the conveniency, and that in the several habitudes thereof, but, very briefly; first, in that which it hath to them merely as men; qua tales, then as parts of the Commonwealth, Thirdly, from the b●st manner of constituting laws, and lastly, from the practice of all times both Christian and Heathen. Homo sum nihil humanum à me alienum puto, was indeed the saying of the Comedian, but it might well have becomed the mouth of the greatest Philosopher. We allow to sense all the works and operations of sense, and shall we restrain reason? must only 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 seldom or never meet. And why should we take that capacity from them, which God and nature have so liberally bestowed? My Lords, the politic body of the Commonwealth is analogical to the body natural: 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Nature's sin. And truly my Lords, to be part of the other body, and do nothing beneficial thereunto, cannot fall under a milder term. The commonwealth subsists by laws and their execution: and they that have neither head in the making, nor hand in the executing of them, confer not any thing to the being or well being thereof. And can such be called members, unless most unprofitable ones? only fruges consumere nati. Me thinks it springs from nature itself, or the very depths of Justice, that none should be tied by other Laws than himself makes, for, what more natural or just, than to be bound only by his own consent? to be ruled by another's will, is merely tyrannical. Nature there suffers violence, and man degenerates into beast. The most flourishing Estates were ever governed by Laws of an universal constitution; witness this our Kingdom, witness Senatus populusque Romanus, the most glorious Commonwealth that ever was, and those many others in Greece, and elsewhere, of eternal 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 years, is certainly, argumentum ad bominem. Nay my Lords I will go further (for the same reason runs thorough all Religions) never was there any Nation that employed not their religious men in the greatest affairs. But to come to the business that lies now before your Lordships, Bishops have voted here ever since Parliaments began, and long before were employed in the public. 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 evil they may do, which yet your Lordships do not know, and I am confident never shall suffer. A position ought not to be destroyed by a supposition, & àposse 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 wars, entangles himself with the affairs of this life; which is the full sense of the word both in Greek and Latin, it makes not at all against them, except to intermeddle and entangle be terms equivalent. Besides my Lords, though this was directed to a Churchman, yet it is of a general 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 spiritual vocation; truly, 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 height above the common altitude, and makes it most fit for those great works of God himself, to make Laws, to do justice. 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 terms 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 year's acquaintance should make the Gospel of Christ no better known unto us. Neither, my Lords, doth their office merely and wholly consist in preaching, but partly in that, partly in praying, and administering the blessed Sacraments, in a godly and exemplary life, in wholesome admonitions, in exhortations to virtue, dehortations from vice, and partly in easing the burdened conscience. These, my Lords, complete the office of a Churchman. Nor are they altogether tied to time or place, though I confess they are most properly exercised within their own verge, except upon good occasion, nor then the omission of some can be termed the breach of them all. I must add one more, an essential one, the very form of Episcopacy, that distinguisheth it from the inferior 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 years, 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 Emperor 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 only upon them? Has the King neither frown, honour, nor offices, but only 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 holiness 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 always 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 poetical, not a logical argument. Some of the Judges have done so, some of the Magistrates and Officers; and shall there be therefore neither judge, Magistrate nor Officer more? A personal crime goes not beyond the person that commits it, nor can another's fault be mine offence. If they have contracted any filth or corruption through their own, or the vice of the times, cleanse and purge them thoroughly. But still remember the great difference between reformation and extirpation. And he pleased to think of your Triennall Bill which will save you this labour for the time to come; fear of punishment will keep them in order, if they should not themselves through the love of virtue. I have now, my Lords, according to my poor ability, both shown the conveniences, and answered those inconveniences that seem to make against them. I should now propose those that make for them. As their falling into a condition worse than slaves, not represented by any; and then the dangers and inconveniences that may happen to your Lordships; but I have done this heretofore, and will not offer your Lordships Grambenbis coctam. A Speech in Parliament delivered by Mr. PEARD, against the Oath Ex Officio. 1640. Mr. SPEAKER, I Assure myself, we are here met to discover, and reform (as much as in us lieth) all abuses of the Church and Commonwealth; many and great ones have been spoken against, some contrary to all Law, and some established by new Laws, contrary to all Law: The Wolf having put on the Lion's skin, and rapine, presuming to pass undiscovered under the robe of Justice. But I shall not need to light a candle to search out that, which already the sun hath made manifest; That which I shall speak, hath not been spoken, but if I shall speak that. that shall seem to be against Law, I humbly crave the pardon of this House, since if it be law, it is summum jus, Law without conscience: That which I shall speak against, is the Oath Ex Officio. It is acknowledged by themselves, that Administer this Oath that it is unjustly done to tender it to any man, unless there be a public Fame, or particular Presentment or Articles testified against him: I make no question, but the practice of this confessed Injunction will be found common amongst them, And I hope it shallbe severely censured, since unjust proceed upon unjust grounds, are double Injustice; I shall therefore leave that as a plain case, and examine their best grounds; First, Fame (they say) is a just cause for them to take Cognizance of a matter to proceed against it; Fame we know may arise upon very small and groundless suspicions, by secret whisper, creeping at first, but quickly gets it wings; And as the Poet saith, Creseit eundo. This is the manner of all Fame; if this be Fame, their Court shall never want work, as long as a Promoter hath an ill tongue, or a knave can slander an honest man; Therefore I think Fame no good ground to proceed upon. If Fame be just, what most men speak, certainly some men will testify; No man will testify it is false. Let no accusation then stand, but out of the mouths of two or three witnesses, of Presentments, are a just ground of proceed in all Courts, and upon all causes: But neither witnesses nor presentments are or can be a just ground of the Oath Ex officio; For if the party accused be examined no further than is testified, than the Oath Ex Officio is superfluous. If he be examined further, or upon other matters than is testified, than a man is made to betray himself, which is unjust. Mr. Speaker, such is the Mercy of the Common Law, that Murderers and Poisoners are not examined upon the rack, but the Civil law upon every occasion racketh the Conscience. These are the Lime-twigs which were set to catch the poor Martyrs in Queen Mary's days; And in our days, I dare believe it will appear that some good men are fallen into this snare. Mr. Speaker, If the foundations fail, what shall the buildings do? If the conformity of good men shall undo them, who shall stand? I desire nothing but that evil men may suffer, I desire the Law may punish, not make offenders, I desire that our words and actions at this time, and at other times, may be subject to the Law, I would have thought free. Mr. Speakers Letter to Sir Jacob Ashley. SIR, WE have had cause to doubt, that some ill affected persons have endeavoured to make a misunderstanding in the Army, of the intentions of the Parliament towards them; To take away all mistaking in that kind, the house of Commons have Commanded me to assure you that they have taken the affairs of the Army into their serious Care; And though for the present their moneys have not come as they wished, and as was due, by reason of the many distractions, and other Impediments which this House could no ways avoid, yet they rest most assured that they shall not only have their full pay, but the House will take their merits into their further consideration, in regard they take notice that notwithstanding their want, and endeavours of those illaffected persons, they have not demeaned themselves otherwise, then as men of honour, and well affected to the Commonwealth, which this House takes in so good part, that we have already found out a way to get money for a good part of their pay, and will take the most speedy course, we possibly may for the rest. From my house at Charingcross, the 4th of this present Month of May. 1641. So I remain; Your very Loving Friend. SIR, 'Tis the pleasure of the House, that this Letter be Communicated to the Army, to the end their Intentions may be clearly understood by them. Sir BENJAMIN RUDYERDS Speech. Tuesday the 29. Decem. Mr. SPEAKER, THe principal part of this business, is Moneys, and now we are about it, I shall be glad we may give so much, as will not only serve the turn for the present, but likewise to provide that it come not quick upon us again, I believe that the two subsidies are spent already. We know how much time this business hath cost us, if we be but half as long about another, it may cost more than money: For if two Armies should be driven to extreme necessity, and they will be Judges of their own necessity, we shall not be able to sit here, and give more, though we would. Believe it Sir; this is the business of all the businesses in the House, of all the businesses in the Kingdom; If we stand hacking for a little money, we may very thriftily lose all we have, this being a business of so peremptory and destructive a nature. Wherefore Mr. Speaker, my humble and earnest motion is, that we may dispatch it fully, and at once; If there should be an overplus of money remaining, we can soon resolve how to dispose of it. Four subsidies will do the work, if they be given presently, for every day tells us that we are not so much Masters of our own time, and occasions as to do nothing when we would; Let us do this whilst we may, though I dwell not in the North, yet I dwell in England. Sir BENJAMIN RUDYERDS Speech concerning the QUEENS Jointure. Jan. 1640. Mr. SPEAKER, GOD hath blessed the Queen's Majesty with a blessed Progeny already, whereby she hath relieved and fortified this Kingdom, which may put us in mind in a fit time to provide according to their birth, and interest. She is the daughter of a great and famous King, she is the wife of our King, which to us includes all expressions. But in one thing, Mr. Speaker, her Majesty is singular in that she is the Mother to the greatest Prince that hath been borne amongst us above these hundred years, which cannot but work a tenderness in us. The Queen likewise may be another Instrument of happiness to us in her good affection to Parliaments, by a good handsel in this. And I believe we shall see effects of it, for it nearly and wisely concerns her Majesty, even in all the Relations that are most dear to her to contribute her best Assistance to Uphold the Government and greatness of the kingdom. By which means also the king will be better enabled to make a further enlargement of his bounty towards her, in some degree proportionable. Wherefore, Mr. Speaker, it will become this House to show our cheerfulness in passing of the Bill. Articles against Doctor Piercie, Bishop of Bath and Wells; exhibited by Mr. James Minister within his Diocese. 1 HE hath Ex officio convented me before him, for having two Sermons preached in my Church on Michaelmas day, to the great disturbance & hindrance of the sale of the Church Ale, as his Lordship pretended, and further examined me upon Oath, whether I had not the said Sermons preached for the same purpose and intent, admonishing me for the future, neither to preach myself, nor suffer any other to preach in my Cure, in the afternoon, of either the Lordsday, or holy days. 2 I heard him say to his Register, That whereas Information had been given concerning certain Ministers, that they expounded upon the Catechism, this Information was too narrow to catch them, and therefore it should have run thus, that they Catechised or expounded upon the Catechism Sermon-wise, and then they would have been obnoxious to censure. 3 At the meeting to elect Clerks of the Convocation he threatened to send forth Censures of the Church, against all that would not pay in the Benevolence, late granted, in the late Synod, within a fortnight after the second day of November last passed; And further at the said election, his son gave eight single voices; two, as Archdeacon of Bath; two, as Prebend of the Church of Wells; two, as Parson of Buckland Saint Mary; two, as Vicar of Kingsbury: and many others also there present, gave as many double voices, as they had Benefices and Dignities; against which one Mr. Rosnell protested, saying, that it was illegal; The Bishop replied, that they gave in several capacities, and thereupon commanded him silence, saying, that he was a young man. 4. That upon the mere Information of Mr. Humphrey Sydenham Rector of Buckington, that in a certain Sermon Preached at the Visitation of the Arch Deacon of Taunton, I bespattered the Clergy; The Bishop summoned me before him down to Wells, and there objected unto me, that I had preached a scandalous Sermon, wherein I had cast some aspersions on some of the Clergy. Upon which charge I proffered to bring in an exact Copy of the Sermon I preached, and to depose, that I spoke neither more nor less, than was contained in the said Copy; This the Bishop would not accept of, saying that he would not have the Ministers, who came to witness against me, troubled with a second journey: One of my Proctors desired time, till the next Court day for me to give in my answer; the Bishop commanded him to hold his Peace, and the other Proctor though he was retained by me, & had received a Fee, never opened his mouth, pretending unto me, that because the Bishop was so highly displeased with me, he durst not appear in my behalf, being denied time to give in my answer at the next Court day; I desired respite until the afternoon, this also was denied; In fine contrary to the rules of their own Court, he examined witnesses against me, and proceeded to Censure me, before he received my full answer, he would not hear the answer, which I could give to the Articles objected to me, which I proffered to give, and which he had by oath required me to give; further by virtue of the oath he administered unto me, he questioned me not only concerning matters of outward fact, but also concerning my most secret thoughts, intentions and aims. Moreover whereas the witnesses confessed that I only said, in the foresaid Sermon, that some put the Scriptures into a staged dress; the Bishop persuaded them, that, that expression was equivalent with the Article objected, that some men's Sermons were Stage Plays, and they by his persuasion, swore down right, that I saidsome men's Sermons were Stage Plays; The Doctor made an Act and Order, that I should make public retractation, which I refused to do, and appealed unto the Arches; But upon either the Bishops, or M. Sidenhams Information my Proctor Hunt renounced my appeal, and Sir John Lamb dismissed the same cause, without hearing, unto the Bishop again. 5 The Churchwardens of my Parish, by order from the Bishop, were enjoined to turn the Communion Table, and place it Altarwise, etc. Now they, that they might neither displease the Bishop, nor transgress against the Rubric of the Liturgy, made it an exact square Table, that so notwithstanding the Bishop's order, the Minister might still Officiate at the North side of the Table; M. Humphrey Sydenham informed against this, and upon Information, the Bishop sent to view it; and upon his view he certified the Bishop, that it was like an Oyster Table, whereupon the Bishop ordered the Churchwardens to make a new one. 6 Upon M. Humphrey sydenham's Information that M. John Pym was a Parliamenteer, the Bishop would not suffer me any longer to sojourn in his house, although before such Information he gave me leave: And when I demanded of some of his servants, the reason why his Lordship had thus changed his mind, they told me that his Lordship was informed by M. Sydenham that M. Pym was a Puritan. The Lord Andevers speech in March 1640. concerning the Star-Chamber. MY Lords, since your Lordships have already looked so fare into privileges of Peers, as to make a strict inquisition upon foreign honours: Let us not destroy that among ourselves, which we desire to preserve from strangers. And if this grievance I shall move against, have slept till now; It is very considerable lest custom make it every day more apparent than other: your Lordship's very well know, there was a Statute framed, 3 Hen. 7. Authorising the Chancellor, Treasurer and Privy Seal, and the two Chief Justices calling to them one Bishop, and a temporal Lord of the King's Council, to receive complaints upon Bill or information, and Cite such parties to appear as stand accused of any misdemeanour, and this was the Infancy of the Starchamber, but afterwards the Starchamber was by Cardinal. Woolsey 8 H. 8. raised to man's Estate, from whence (being now altogether unlimited) it is grown a Monster, and will hourly produce worse effects, unless it be reduced by that hand which laid the foundation; for the Statutes that are ratified by Parliament admit of no other than a repeal. Therefore I offer humbly unto your Lordships these ensuing Reasons, why it should be repealed. First the very words of the Statute clearly show that it was a needless institution, for it says they who are to Judge, can proceed with no delinquent otherwise, then if he were convicted of the same crime by due process of Law. And do your Lordship's holdth is a rational Court that sends us to the Law, and calls us to the Law, and calls us back from it again. Secondly, divers Judicatories confound one another, & in pessima republica plurimae Leges. The second reason is from circumstance, or rather à Consuetudine, and of this there are many examples both domestic and foreign; but more particularly by the Parliaments of France abbreviated into a standing Committee by Philip the King, and continued according to his Institution until Lewis the eleventh came to the Crown, who being a subtle Prince buried the volume in the Epitome, for to this day, when ever the three Estates are called, either at the death of the old King, or to Crown the new, It is a common Proverb Allons voire Le van des Estates; My Lords Arbitrary judgements destroy the Common Laws, and in them the two great Charters of the Kingdom, which being once lost, we have nothing left but the name of liberty. Then the last reason is (though it was the first cause of my standing up) the great Eclipse it hath ever been to the whole Nobility; For who are so frequently vexed there as Peers and Noblemen, and notwithstanding their appeal to this Assembly, is ever good whilst that famous Law of the 4 Ed. 3. remains in force for the holding of a Parliament once a year or more if occasion require, yet who durst a year ago mention such a Statute, without the incurring the danger of M. Kilverts persecution? Therefore I shall humbly move your Lordships that a select Committee of a few may be named to consider of the act of Parliament itself, and if they shall think it of as great prejudice as I do, that then the house of Commons in the most usual manner may be made acquainted with it either by Bill or conference, who also happily think it a burden to the Subject, and so when the whole body of Parliament shall join in one supplication, I am confident his Majesty will desire that nothing shall remain in force which his people do not willingly obey. Lunae, the 10. of May, 1641. IT is this day ordered by the House of Commons now assembled in Parliament, that the Lord Mayor of London, the Justices of Peace of Midlesex, Westminster, and the Liberties of the Duchy of Lancaster, and those of Surrey, that are for the Burrow of Southwark, and the place adjoining, do employ their best endeavours to prevent that none of the King's Subjects do frequent the houses of any the Ambassadors, Somerset-house, or St. James, to hear Mass, And that they give an account to this House, of the Execution of this Order, at all such times, as by the said House they shall be required. My Lord Finch his Letter to my Lord CHAMBERLAINE. My most well-beloved Lord, THe Interest your Lordship hath ever had in the best of my fortunes, and affections, gives me the Privileges of troubling your Lordship with these few lines, from one that hath now nothing left to serve you withal but his Prayers; Those your Lordship shall never fail, with an heart as full of true affection to your Lordship, as ever any was. My Lord, it was not the loss of my place, and with that of my fortunes, nor being exiled from my dear Country and friends (though many of them were cause of sorrow) that afflicts, but that which I most suffer under, is that displeasure of the House of Commons conceived against me; I know a true heart I have ever borne towards them, and your Lordship can witness in part, what ways I have gone in, but Silence and patience best becomes me, with which I must leave myself, and my Actions to the favourable construction of my Noble Friends, in which number your Lordship hath a prime place; I am now at the Hague, where I arrived on Thursday the last of the last month, where I purpose to live in a fashion agreeable to the poorness of my fortunes, for my humbling in this world, I have utterly cast off the thoughts of it, and my aim shall be to learn to number my days, that I may apply my heart unto wisdom, that wisdom that shall wipe all tears from mine eyes, and heart, and lead me by the hand to true happiness, which can never be taken from me. I pray God of heaven bless this Parliament with a happy, both progress and conclusion: if my ruin may conduce but the least to it, I shall not repine at it; I truly pray for your Lordship, and your Noble Family, that God would give an increase of all worldly blessings, and in the fullness of days, to receive you to his glory; if I were capable of serving any body, I would tell your Lordship, that no man should be readier to make known his devotion, and true gratitude to your Lordship, than Your Lordship's most humble, and affectionate poor kinsman and servant, J.F. Hague, Jan. 3. 1640. The Lord KEEPER'S Speech TO HIS MAJESTY, at the Banqueting-house at Whitehall, in the name of both Houses. May it please Your Majesty, I Am to give your Majesty most humble and hearty thanks in the name of both houses of Parliament, and this whole Kingdom, for the speedy and gracious Royal assent unto the Bill, Entitled, An act for preventing of inconveniences happening by the long intermission of Parliaments, which as it is of singular comfort and security for all your Subjects for the present, so they are confident it will be of infinite honour and setlement of Your Majesty's Royal Crown and dignity, as well as comfort to their postiritie. The Declaration of the Scots Commissioners to the House of Parliament, touching the maintenance of their Army. March, the 16th, 1640. IN the midst of other matters, necessity constraineth us to show your Lordships that fourscore thousand pounds and above of the Moneys appointed for relief of the Northern Countries, there is no more paid but 18000 l. the Country people of those Countries have trusted the soldiers so long as they are become weary and unable to furnish them, their cattles and victual being so fare exhausted and wasted, as it is scarce able to entertain themselves; The Markets are decayed because there is no money to buy their Commodities, and are become so dear, that no sort of victual is sold, but at a double rate; And which is hardest of all, the Army is stinted by the Articles of Cessation to stay within these two Counties, whose provisions are all spent, expecting from time to time the payment of those moneys, which were promised for their relief, and are reduced to such extremity, as they must either starve, or (sore against their will) break their limited bounds, unless some speedy course be taken for their more timous payment, that so soon as may be, the Arrears may be paid; And because the continued payment of that monthly sum, for relief of the Northern Countries, is a Burden to the Kingdom of England, our Army is a trouble to the Country where they reside, our charges of entertaining our Army (besides what is allowed from England) is exceeding great; And our losses and prejudice through absence and neglect of our affairs not small, Therefore that all evils, and troubles of both Kingdoms may be removed, it is our earnest desire that the Parliament may be pleased to determine the time and manner of Payment of the 300000 l. which they were pleased to grant towards relief of their Brethren, that there may be no let about this, when matters shall be drawing towards an end, And that his Majesty and they may give order for Accelerating matters in the treaty, that the peace being concluded, England may be eased of the burden of two Armies, and we may return to our own homes, which is our earnest desire. Ad. Blaire. The Remonstrance of both the Houses of Parliament unto the King, delivered by the Lord Keeper, January the 29th 1640. May it please your Majesty, YOUR loyal Subjects, the Lords and Commons, now assembled by your Majesties Writ in the high Court of Parliament, humbly represent unto your gracious consideration that Jesuits and Priests ordained by authority from the Sea of Rome, remaining in this Realm, by a Statute made in the 27 year of Queen Elizabeth are declared Traitors, and to suffer as Traitors. That this law is not so rigorous, 27 Eliz. cap. 2. as some apprehend, or would have others to believe, for that it is restrained to the natural born Subjects only, and doth not extend to any strangers at all. That it is enacted in the first year of King James, 1 Jac. cap. 4. that all Statutes made in the time of Queen Elizabeth, against Priests and Jesuits, be put in due and exact execution. And for further assurance of the due execution of these laws, the Statute of the third year of King James invites men to the discovery of the offenders, by rewarding them with a considerable part of the forfeiture of the Recusants' estate. So that the Statute of Queen Elizabeth is not only approved, but by the judgement of several Parliaments in the time of King James of happy memory adjudged fit and necessary to be put in execution. That considering the state and condition of this present time, they conceive this law to be more necessary to be put in strict execution, then at any time before; & that for divers weighty and considerable reasons, viz. For that by divers Petitions from the several parts of this Kingdom, complaints are made of the great increase of Popery and Superstition, and the people call earnestly to have the laws against Recusants put in execution; Priests and Jesuits swarm in great abundance in this Kingdom, and appear here with such boldness, and confidence, as if there were no laws against them. That it appears unto the House of Commons by proof, that of late years about the City of London Priests and Jesuits have been discharged out of Prison, many of them being condemned of high Treason. They are credibly informed that at this present the Pope hath a Nunci●, or Agent resident in the City, and they have a just cause to believe the same to be true. The Papists, as publicly, and with as much confidence and importunity resort to Mass at Denmark house, and St. James, and the Ambassadors Chapels, as others do to their Parish Churches: They conceive the not putting of these Statutes in execution against Priests and Jesuits, is a principal cause of increase of Popery. That the putting of these laws in execution, tendeth not only to the preservation and advancement of the true Religion established in this Kingdom; but also the safety of your Majesty's person, and security of the State & Government, which were the principal causes of the making of the Laws against Priests and Jesuits, as is manifestly declared in the preamble of the laws themselves, which are the best interpreters of the minds of the makers of them. And because the words being penned by the advice and wisdom of the whole state, are much more full and clear then any particular man's expression can be, they were therefore read, as they are vouched, those of the 27 year of Queen Elizabeth, being thus, viz. That the Priests and Jesuits come hither, not only to draw the Subjects from their true obedience to the Queen, but also to stir up Sedition, Rebellion, and open hostility within the Realm; to the great endangering of the safety of her Royal Person, and to the utter ruin, desolation, and overthrow of the whole Kingdom, if not timely prevented; and the tenor of the words of the third year of King James are in this manner, viz. Whereas divers Jesuits and Priests do withdraw many of his Majesty's Subjects from the true service of Almighty God, and the Religion established within this Realm, to the Romish Religion, and from their loyal obedience to his Majesty; and have of late secretly persuaded divers Recusants, and Papists, and encouraged and emboldened them to commit most damnable Treasons tending to the overthrow of the whole State and Common Wealth; if God of his goodness and mercy had not within few hours of the intended time of the execution thereof, revealed and disclosed the same. The Houses did further inform, that some Jesuits and Priests had been executed in the time of Queen Elizabeth, and King James of happy memory; and when any of them have received mercy, it was in such time, and upon such circumstance, as that the same might be extended unto them without dangers, whereas now of late, there hath been a great apprehension of endeavours by some ill agents, to subvert Religion; and at this present both Kingdoms have a general expectation of a through reformation. And there is already found so ill a consequence of the the late reprieve of John Goodman the Priest; that the House of Commons having sent to the Citizens of London for their assistance in the advancement of money, for the present and necessary supply of his Majesty's army, and relief of the Northern Counties: upon this occasion, they have absolutely denied to furnish the same: and how far the like discontent may be effused into other parts of the Kingdom, to the interruption of the levying of the Subsidies, the houses leave to your Majesty's consideration. It is found that Goodman the Priest hath been twice formerly committed and discharged. That his residence now about London, was in absolute contempt of your Majesty's Proclamation, as the Houses are credibly informed, that he hath been sometimes a Minister in the Church of England, and consequently is an Apostate; both Houses are very sensible that any man should presume to intercede with your Majesty in a case of so high a nature. They humbly desire that a speedy course may be taken for the due execution of the laws against the Priests and Jesuits, that all mischiefs before mentioned may be timely remedied by your Majesty's great wisdom. And lastly, that Goodman the Priest be left to the justice of the law. The Earl of strafford's Letter, to his most Excellent Majesty, dated from the Tower the 4th of May, 1641. May it please your sacred Majesty, IT hath been my greatest grief in all these troubles, to be taken as a person which should endeavour to represent and set things amiss between your Majesty and your People; and to give counsels tending to the disquiet of the three Kingdoms. Most true it is, that this mine own private Condition considered, it had been a great madness, since through your grations favour I was so provided, as not to expect in any kind to mend my fortune or please my mind more, then by resting where your bounteous hands had placed me. Nay, it is most mightily mistaken, for unto your Majesty it is well known, my poor, and humble advises concluded still in this, That your Majesty and your people could never be happy, till there were a right understanding betwixt you and them: no other means to effect, and settle this happiness, but by the Counsel, and assent of the Parliament; or to prevent the growing Evils upon this state, but by entirely putting yourself in the last resort, upon the loyalty, and good affections of your English subjects. Yet such is my misfortune, this truth findeth little credit, the contrary seemeth generally to be believed, and myself reputed, as some thing of Separation between you, and your people; under a heavier censure than which, I am persuaded no Gentleman can suffer. Now, I understand the minds of men are more incensed against me, notwithstanding your Majesty hath declared, that in your princely opinion, I am not guilty of Treason, nor are you satisfied in your conscience to pass the Bill. This bringeth me into a very great strait, there is before me the ruin of my Children, and family hitherto untouched in all the branches of it with any foul Crimes. Here is before me the many ills, which may befall your Sacred person, and the whole Kingdom, should yourself, and Parliament part less satisfied one with the other, then is necessary for the preservation both of King and People. Here are before me the things most valued, most feared, by mortal man, Life, or Death. To say Sir, that there hath not been a strife in me, were to make me less man, than God knoweth my infirmities give me. And to call a destruction upon myself, and young Children, where the intentions of my heart at least have been innocent of this great offence may be believed, will find no easy consent from Flesh and blood. But with much sadness, I am come to a resolution of that which I take to be best becoming me, to look upon that which is most principal in itself; which doubtless is the prosperity of Your sacred Person, and the Commonwealth, infinitely before any private man's interest. And therefore in few words, as I put myself wholly upon the honour, and justice of my Peers so clearly, as to beseech your Majesty might please to have spared that declaration of yours on Saturday last, and entirely to have left me to their Lordships, so now, to set your Majesty's conscience at liberty, I do most humbly beseech your Majesty, in prevention of mistakes which may happen, by your refusal, to pass this Bill; And by this means remove (praised be God) I cannot say, this accursed, (but I confess) this unfortunate thing forth of the way, towards that blessed agreement, which God, I trust, shall ever Establish between you, and your subjects. Sir my consent shall more acquit you herein to God, than all ●he world can do besides. To a willing man there is no injury done. And as by Go●s grace I forgive all the world with a calmness and meekness of infinite Contentment to my dislodging soul; So, Sir, to you can I give the life of this world, with all the cheerfulness imaginable; in the just acknowledgement of your exceeding favours. And only beg that in your goodness, you would vouchsafe to cast your gracious regard upon my poor Son, and his three Sisters, less, or more, and no otherwise, then as their (in present) unfortunate Father, may hereafter appear more, or less guilty of this death. God long preserve your Majesty. Your Majesty's most faithful, and humble Subject, and Servant. STRAFFORD. Tower 4 May 1641. The Petition of the EARL of STRAFFORD unto the Lords before he Died. To the Right Honourable the Lords Spiritual and Temporal, in this present Parliament assembled. THE humble Petition of Thomas late Earl of Strafford; Sheweth that seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that duty which we allow to our frail nature; He shall in all Christian Patience and Charity conform, and submit himself to your Justice, in a comfortable assurance of the great Hope, laid up for us in the Mercy and Merits of our Saviour blessed for ever. Only he humbly craves, to return your Lordship's most humble thanks for your Noble Compassion towards those innocent Children; whom now with his last blessing he must commit to the protection of Almighty GOD, beseeching Your Lordships to finish your Pious intentions towards them: And desiring that the reward thereof may be fulfilled in You, by him that is able to give above all we are able either to ask or think. Wherein I trust the Honourable House of Commons will afford their Christian assistance. And so beseeching your Lordships charitably to forgive all his omissions and infirmities, he doth very hearty and truly recommend Your Lordships to the Mercies of Our Heavenly Father, and that for his goodness he may perfect you in every good work. Amen. Tho. Wentworth. Lord faulkland's first speech in Parliament. I Rejoice very much to see this day; and the want hath not lain in my affections, but my lungs. If to all that hath bind past, I have not been as loud with my voice as any man's in the house, yet truly my opinion is; we have yet done nothing, if we do no more: I shall add what I humbly conceive aught to be added, as soon as I have said something, with references to him that says it: I will first desire the forgiveness of the House, if ought I say seem to entrench upon another's profession, and enter upon the work of another robe. Since I have been entrusted by the report of a learned Committee, and confirmed by the uncontradicted rule of the House, since I shall say nothing of this kind, but in order to somewhat further. And which moves me most to venture my opinion, and to expect your pardon, since I am confident, that History alone is sufficient to show this judgement contrary to our Laws, and Logic alone sufficient to prove it destructive to our propriety, which every free, and noble person values more than his possession. I will not profess I know of myself, and all those who know me, know that my natural disposition is to decline from severity, much more from cruelty. That I have no particular provocations from their persons, and have particular Obligations to their calling against whom I am to speak. And though not so much, yet far more than I have, so I hope it will be believed, that only public interest have extorted this from me, and that which I would not say, if I conceived it not so true, and so necessary that no undigested meat can lie havier upon the stomach, than this unsaid would have lain upon my Conscience. Mr. Speaker, the constitution of this Commonwealth hath Established, or rather endeavoured to Establish to us the security of our goods, and the security of those Laws which would secure us and our goods, by appointing for us Judges so settled, so sworn, that there can be no oppression, but they of necessity must be accessary; since if they neither deny, nor delay us Justice, which neither for the great nor little seal, they ought to do; the greatest Person in this Kingdom cannot continue the least violence upon the meanest; But this security, Mr. Speaker, hath been almost our ruin, for it hath been turned, or rather turned itself into a Battery against us: And those persons who should have been as Dogs to defend the Sheep, have been as Wolves, to worry them. These Judges, M. Speaker, to instance not them only, but their greatest crime, have delivered an opinion, and judgement in an extrajudicial manner, that is, such as came not within their cognizance, they being Judges, and neither Philosophers, nor Politicians; In which when that is so absolute and evident, the law of the land ceases, and of general reason and equity, by which particular laws at first were framed, returns to his throne and government, where salus populi becomes not only suprema, but sola lex; at which, and to which end, whatsoever should dispense with the King, to make use of any money, dispenses with us, to make use of his, and one another's. In this judgement they contradicted both many and learned Acts and Declarations of Parliaments; and those in this very case, in this very reign, so that for them they needed to have consulted with no other record, but with their memories. 2 They have contradicted apparent evidences by, supposing mighty and eminent dangers, in the most Cerene, quiet, and halcian days that could possibly be imagined, a few conceptible pirates, being our most formidall enemies, and there being neither Prince nor State, with whom we had either Alliance, or Amity, or both. 3 They contradict the writ itself, by supposing that supposed danger to be so sudden, that it would not stay for a Parliament, which required but forty days. stay, and the writ being in no such haste, but being content to stay seventimes over. Mr. Speaker, it seemed generally strange, that they saw not the Law which all men else saw, but themselves. Yet though this begot the more general wonder, three other particulars begot the more general indignation. The first of all the reasons for this judgement, was such that they needed not any from the adverse party to help them to convert those few, who before the last suspicion of the legality of that most illegal writ, there being fewer that approved of the judgement, than there were that judged it, for I am confident they did not that themselves. Secondly, when they had allowed to the King, the sole power in necessity, the sole judgement of necessity, and by that enabled him to take both from us, what he would, when he would, and how he would, they yet continued to persuade us that they had left us our liberties and proprieties. The third and last is, and which I confess moved most, That by the transformation of us from the state of free subjects (a good phrase Mr. Speaker, under Doctor Heylens favour) unto that of Villeins, they disable us by Legal and voluntary supplies to express our affections to his Majesty, and by that to cherish his to us, that is by Parliaments. M. Speaker, the cause of all the miseries we have suffered, and the cause of all our jealousies we have had, that we should yet suffer; is, That a most excellent Prince hath been most infinitely abused by his Judges, telling him that by policy he might do what he pleased; with the first of these we are now to deal, which may be a leading to the rest. And since in proving of these Laws, upon which these men have trampled, our Ancestors have showed their urmost care and wisdom, for our unaffected security, words having done nothing, and yet have done all their words can do, we must now be forced to think of abolishing of our grievances, & of taking away this judgement, and these Judges together, and of regulating their successors by their exemplary punishment. I will not speak much; I will only say we have accused a great Person of high Treason, for intending to subvert our fundamental Laws, and to introduce arbitrary Government, which we suppose he meant to do, we are sure these have done it, there being no Law more fundamental, than that they have already subverted, and no government more absolute, than they have really introduced: Mr. Speaker; not only the severe punishment, but the sudden removal of these men, will have a sudden effect in one very considerable consideration. We only accuse, and the House of Lords condemn; In which condemnation they usually receive advise (though not direction) from the Judges, And I leave it to every man to imagine how prejudicial to us, that is, to the Common wealth, and how partial to their fellow malefactors, the advice of such judges is like to be. How undoubtedly for their own sakes, they will conduce to their power, that every action be judged to be a less fault, and every person to be less faulty, then in Justice they ought to do; Amongst these, Mr. Speaker, there is one that I must not lose in the crowd, whom I doubt not but we shall find when we examine the rest of them, with what hopes they have been tempted: by what fears they have been assayed, and by what, and by whose importunity they have been pursued, before they consented to what they did; I doubt not I say, but we shall then find him to have been a most admirable solicitor, but a most abominable Judge; he it is who not only gave away with his breath, what our Ancestors had purchased for us by so large an expense of their time, their care, their treasure, and their blood, and employed their industry, as great as his injustice, to persuade others to join with him in that deed of gift, but strove to root up those liberties which they had cut down; and to make our grievances immortal, and our slavery irreparable, lest any part of our posterity might want occasion to curse him; He declared that power to be so inherent to the Crown, as that it was not in the power even of Parliaments to divide them. I have heard, Mr. Speaker, and I think here that common Fame is ground enough for this House to accuse upon; And then undoubtedly enough to be accused upon in this House: She hath reported this so generally, that I expect not that you should bid me name him whom you all know, nor do I look to tell you news, when I tell you it is my Lord Keeper. But this I think sit to put you in mind, That his place admits him to his Majesty, and trusts him with his Majesty's conscience, and how pernicious every moment, whilst one gives him means to infuse such unjust opinions of this House, as are expressed in a Libel, rather than a Declaration, of which many believe him to be the principal Secretary, and th' other puts the vast and most unlimited power of the Chancery into his hands, the safest of which will be dangerous; for my part, I think no man secure, that he shall think himself worth any thing when he rises, whilst all our estates are in his breast, who hath sacrificed his Country to his ambition, whilst he who hath prostracted his own conscience, hath the keeping of the Kings, and he who hath undone us already by wholesale, hath a power left in him by retail. Mr. Speaker, in the beginning of the Parliament he told us, and I am confident, every man here believes it before he told it, and never the more for his telling, though a sorry witness is a good testimony against himself; That his Majesty never required any thing from any his Ministers but Justice, and Integrity. Against which, if any of them have transgressed, upon their heads, and that deservedly, it ought to fall; It was full and truly; but he hath in this saying pronounced his own condemnation; we shall be more partial to him then he is to himself, if we be slow to pursue it. It is therefore my just and humble motion, That we may choose a select Committee to draw up his and their charge, and to examine their carriage in this particular, to make use of it in the charge, and if he shall be found guilty of tampering with Judges against the public security, who thought tampering with witnesses in a private cause, worthy of so great a Fine, if he shall be found to have gone before the rest to this Judgement, and to have gone beyond the rest in this Judgement, that in the punishment for it, the Justice of this House may not deny him the due honour both to preceded and exceed the rest. Sir JOHN CULPEPPERS Speech in the Commons House of Parliament. 9ᵒ. Novemb. 1640. Mr. SPEAKER, I stand not up with a Petition in my hand. I have it in my mouth, and have it in charge from them that sent me hither, humbly to present to the consideration of this House the grievances of the County of Kent; I shall only sum them up; they are these, First, the great increase of Papists by the remiss execution of those laws which were made to suppress them: the life of the law is execution; without this, they become a dead letter; this is wanting, and a great grievance. The second, is the obtruding and countenancing of divers new Ceremonies in matters of Religion, as placing the Communion Table Altarwise, and bowing or cringing to, or towards it, the refusing of the holy Sacrament to such as refuse to come to the Rails, These carry with them some scandal, and much offence. The third, is Military charges, and therein first, that of Coat and Conduct money, required as a loan, pressed as a due, in each respect equally a grievance. The second is the enhancing the price of Powder, whereby the Trained Bands are much discouraged in their exercising: howsoever this may appear prima fancy, upon due examination it will appear a great grievance. The third is more particular to our County: It is this; The last Summer was twelvemonth, 1000 of our best Arms were taken from the owners, and sent into Scotland: The compulsary way was this; If you will not send your Arms you shall go yourselves. M. Speaker, the trained Band is a Militia of great strength and honour, without charges to the King, and deserves all due encouragement. The fourth, is the Canons, I assign these to be a grievance; First, in respect of the matter, besides the &c. Oath. Secondly, in respect of the makers, they were chosen to serve in a Convocation; that falling with the Parliament, the Scene was altered; The same men without any new election, shuffled into a sacred Synod, Thirdly, in respect of the consequence, which in this age, when the second ill precedent becomes a Law, is full of danger. The Clergy, without confirmation of a Parliament, have assumed unto themselves power to make Laws, to grant Relief by the name of benevolence, and to intermeddle with our freehold by suspensions and deprivation, This is a grievance of a high nature. The next grievance is the Ship-money; This cries aloud, I may say, I hope without offence, This strikes the first born of every family, I mean our inheritance; If the Laws give the king power, in any danger of the kingdom, whereof he is Judge, to impose what and when he please; we own all that is left, to the goodness of the King, not to the Law, M. Speaker, this makes the Farmers faint, and the Plough to go heavy. The next is the great decay of clothing and fall of our wools; These are the golden Mines of England which gives a foundation to that trade which we drive with all the World; I know there are many stars concur in this constellation, I will not trouble you with more than one cause of it, which I dare affirm to be the greatest. It is the great customs and impositions laid upon our Cloth, and new Draperies: I speak not this with a wish to lessen the King revenues, so it be done by Parliament; I shall give my voice to lay more charge upon the superfluities, due regard being had to trade, which we import from all other Nations: sure I am that those impositions upon our native commodities are dangerous, give liberty to our neighbours to under-sell; And I take it for a rule, that besides our loss in trade, which is five times as much as the King receiveth, what is imposed upon our clothes, this it taken from the rent of our lands. I have but one grievance more to offer unto you: But this one compriseth many, It is a nest of wasps, or swarm of vermin, which have over-crept the land, I mean the Monopoles and Polers of the people; These like the Frogs of Egypt 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 find them in the Die fat, wash-boule, and Powdering 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 clothes without their brokage; These are the Leeches that have sucked the Common wealth so hard, that it is almost become hectical: And Mr. Speaker, some of these are ashamed of their right names; they have a vizard to hid 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 squeeze 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 echoed to you the cries of the kingdom, I will tell you their hopes: they look to Heaven for a blessing upon this Parliament, they hang upon his Majesty's exemplary piety and great justice, which renders his ears open to the just complaints of his Subjects; we have had lately a gracious assurance of it, they are the wise conduct of this, whereby the other great affairs of the Kingdom, and this our grievance of no less 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 privileges, which we received from our Ancestors, and owe to our posterity, which every freeborn English man hath received with the air 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 Kingdom, which have been so excellently handled by these four worthy Gentlemen, that spoke 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 Hypocrates Twins, they live and die 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 happiness 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 weal of his people: this undoubted maxim his Majesty hath made good by his late gracious speech and promise to us to redress 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 burden 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 illegal arrests and imprisonment against Magna Charta, being our greatest liberties. They must be eased in their lands from Forest, where never any Deer fed, from depopulations, where never any Farm was decayed, and from enclosures, where never any hedges were set. But must lastly be eased in their goods from their exactions and expilations of Pursuivants 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 Civil body, as food to the natural; If the streams of Justice be by unrighteousness turned into Gall and Wormword, or by cruelty, like the Egyptian waters, be turned into blood, those which drink of these brooks must needs die and perish. The Law saith that all Justice is in the King, who is styled 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 do equal law, and execution of right to all the King's Subjects, poor aswell as rich, without regard of any person. That they should not deny to do common right to any man by the King's 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 inferior Courts of Justice, wherein no such oath is required; I mean, the High Commission, and other Ecclesiastical Courts, my soul hath bled for the wrong pressures which I have observed to have been done and committed in these Courts, against the King's 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 years for myself, and a dear friend of mine, sometimes Knight of our Shire, for a mere trivial business; 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 four worthies that spoke 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 said of the Roman state in his time, Nec Vitia nostra scire possumus ne● Remedia; for no Laws will now do us good; Better Laws could not have been made, than the Stat. of Monopolies, against Projectors, and the Petition of right against the infringers of liberties; and yet as if the Law had been the Author of them, there hath been within these few years' more Monopolies and infringement of liberties, than hath been in any age since the Conquest: and if all those vile Harlots, as Queen Elizabeth called them, that have been the Authors of those Evils and the Troublers of our Israel do go unpunished; it will never be better with us; for now during Parliament, like frozen Snakes their poison dries up, but let the Parliament dissolve, and then their poison melts and scatters abroad, and doth more hurt than ever. What then must be done? Why? what the Plaster cannot do, must be done by the Law: Ense recidendum est, ne pars sincera trahatur. I can not better English it, then in the words of a King, Let them be cut of in their wickedness, that have framed mischief as a Law. My conclusion, Mr. Speaker, is this; Let the woeful violation of the State of Monopolies, and the Petition of Right be made Felony, or Praemunire at the least, but yet in the interim let them be made examples of punishment, who have been the Authors of all those miseries, according to the Counsel of Solomon, Take away the wicked from before the King, and his Throne shall be Established in Righteousness. To the right Honourable the Lords Spiritual and Temporal in the high Court of Parliament assembled, The humble Petition of Thomas Earl of Strafford his Majesty's Lieutenant General of Ireland Most humbly showeth, THat in obedience to your Lordship's order, and in due respect and acknowledgement of your noble justice you vouchsafed this your Petitioner the other day, he now expresseth in writing that humble request that he then made, concerning the examining of witnesses; which, with your Lordship's favour, was this, 1 That there might be no admission of any examination of witnesses in the cause, till your Petitioner hath put in his answer to the charge of Treason, exhibited against him. 2 That after answer, no witnesses should be examined, before your Petitioner had the names of such witnesses delivered unto him by your Lordship's order, to the intent (as by his Council he should be advised) he might either except against such witnesses, or crosse-examine them. 3 That before either of these two points should be overruled against your Petitioners, your Lordships would be honourably pleased to hear him by his Council, at the Bar, to show cause why he humbly conceives his desires herein to be just and reasonable. Finally, your Petitioner humbly craves your Lordship's remission, if his Petition be not so formal as it ought, and might be, had he the help of Council: And shall ever with all expression of duty and thankfulness, retain in full memory your Lordship's most honourable Justice, and noble respects to your Petitioner the other day; and pay your Lordships the duties of this whole life for the same; and always, and unfeignedly pray for your most noble Lordships increase of all everlasting honour and happiness. Concerning the Prices of Wine, etc. Die Mercurii, Maii 26. 1641. UPon the whole matter of the Report, It was resolved upon the question, 1 That the Patent for the payment of 40 shillings per Tun on the Wines by the Merchants, is illegal in the creation, and a grievance. 2 That the imposition of a penny on a quart on French Wines, and two pence on a quart on Spanish Wines, is a grievance. 3 That the Patent of the imposition of 40 shillings per Tun, is a grievance in the execution. 4 That Alderman Abel, and Master Richard Kilvert are the principal Projectors both in the creation and execution of this illegal imposition of 40 shill. per Tun. Resolved upon the question, That there shallbe a Bill prepared, declaring the offences of Alderman Abel, and Richard Kilvert, to the end they may be made exemplary. Resolved, &c That a select Committee be named, to examine who were the Referrers Advisers, Sharers, Complotters and Contractors, and those that have received any bribe or benefit by this Patent, and who drew the Patent. Resolved, etc. That the Proclamation dated the 15th of July, in the 14th year of the King, prohibiting the Wine-Coopere to buy and sell Wine, is illegal, and against the liberty of the Subject. Resolved, etc. That the Decree-made in the Star-chamber in December 1633. prohibiting retailing Vintners to dress meat in their own houses, to sell again to guests, is illegal, and against the liberty of the Subject. Sir Thomas Rowe his Speech at the Council Table, touching Brasse-Mony, or against Brasse-Money, with many notable observations thereupon, July, 1640. MY Lords, since it hath pleased this Honourable table, to command amongst others my poor opinion concerning this weighty proposition of money, I must humbly crave pardon, if with that freedom that becometh my duty to my good and gracious Master, and my obedience to your great commands, I deliver it so. I cannot my Lords, but assuredly conceive this intended project of infeobling the Coin, will trench very far both into the honour of Justice, and profit of my Royal Master. All estates do stand Magis fa●●a quam vi as Tacitus saith of Rome; And wealth in every Kingdom is one of the essential marks of their greatness, and is best expressed in the measures and purity of their moneys. Hence it was that so long as the Roman Empire, a pattern of the best Government held up their glory, or greatness, they ever maintained with little or no change the standard of their Coin, but after the lose time of Commodus had led in need by excess, and so by that shift of changing the standard, the Majesty of that Empire fell by degrees. And as Vopiscus saith, the steps by which that State descended, were visible most by the general alteration of their Coins; and there is no surer simptomes of consumption in State, than the corruption of the Money. What Renown is left to the Posterity of Edw. 1. in amending the standard both in purity and weight, from that of elder and barbarous times; it must needs stick as a blemish upon Princes that do the contrary. Thus we see it was with Hen. 6. who after he had begun with abaiting the measures, he afterwards fell to abasing the matter; and gr●nted Commission to Missend, and others to practise Alcamie to serve his Mint. The extremity the State in general felt by this agrievance, besides the dishonour it laid upon the person of the King, was not the least disadvantage his disloyal kinsman took, to ingrace himself into the people's favours, to his Sovereign's Reign. When Hen. the 8th. had gained as much of power and glory abroad, of love and obedience at home as ever any, he suffered a loss by this Rock. When his Daughter Queen Elizabeth came to the Crown, she was happier in Council to amend that error of her Father, for in a memorial of the Lord Treasurer Burleighs his hand, I find that he and Sir Thomas Smith, a grave and learned man, advised the Queen that it was the Crown, and the true wealth of herself and people, to reduce the standard to the ancient party, and purity of her great Grandfather Edward the 4th. and that it was not the short end of wits, nor starting holes of devises, that can sustain the expense of a Monarchy, but sound and solid courses, for so are the words; She followed their a devise, and began to reduce the money the moneys to their elder goodness, styling this work in her first Proclamation Anno 30 a famous Act. The next year following, Anno 30 having perfected, as it after stood, She telleth her people by another Edict; That She had conquered now that monster that had so long devoured them, meaning the variation of the standard. And so long as that sad adviser lived, She never (though often by Projectors importuned) could be drawn to any shift or change in her Moneys. To avoid the trouble of permutation, Coiners devised as a rule and measure of Merchandise and Manufactaries, which if mutable, no man can tell either what he hath, or what he oweth, no contract can be certain, and so all commerce both public and private destroyed, and men again enforced to permutation with things not subject to will and fraud. The Regulating of Coin hath been left to the care of Princes, who have ever been presumed to be the Fathers of the Commonwealth, upon their honours they are debtors and warrants to the subjects in that behalf. They cannot saith Bodin, altar the price of moneys to the prejudice of the subject, without incurring the reproach of Faux moneyars. And therefore stories term Philip le Belle falsificator de monet. omnino monet. integritas debet quaeri ubi vultiis noster Imprimatur, said Theodoret the Goth to his Mintmaster. Quidnam erit tutum si nostra peccetur effigy, Princes must not suffer their faces to warrant falsehood. Although I am not of opinion with the Minor des Justices, the ancientest books of the Common-Law, That Le Roy ne poit sa money impair ne a mander saus Lassent des touts les Counties, which was the great counsel of the Kingdom. Yet cannot I pass over the goodness and grace of many other our Kings, as Edw. 1. Edw. 3. Hen. 4. and the 5th. and others; who out of the rule of their Justice. Quod ad omnes specrat, ob omnibus debet approbari, have often advised with their people in Parliament, both for the Alloy, weight, number of pieces, rate of Coinage and exchange, and most with infinite goodness acknowledge the care and Justice now of my good Master, and your Lordship's wisdoms, that would not upon the information of some few officers of the Mint, before a free and careful debate, put in execution this Proiect. Yet I must under your Lordship's favour suspect it would have taken away the tenth part of every man's due debt or rent already reserved throughout the Realm, not sparing the King, which could have been little less than a species of that which the Roman stories call Tabula nova, from whence every sedition hath sprung, as that of Marius Grantidianus in Livio, who pretending in his Consulship, that the currant money was wasted by us, called it in, and altered the Standard, which grew so heavy and grievous to the people, as the Author saith, because thereby no man knoweth certainly his wealth, that it caused a tumult. In this last part which is the disprofit that the enfeobling the Coin, will bring both to his Majesty, and to the Commonwealth. I must distinguish the monies of gold and silver as they are bullion and commodities, and as they are measures, the one of the extrinsique quality, which is at the King's pleasure, as all other measures to name, the other the intrinsique quality, of pure mettle, which is in the Merchant to value as their measure, shall be either to be lessened or enlarged, so is the quantity of the commodity that is to be exchanged, if then the King shall cut his shilling or pound in money less than it was before, a less portion of such commodities as shall be exchanged, for it, must be received, it must then of force follow, that all things of necessity, as victuals, apparel, and the rest as well as those of pleasure, must be enhanced. If then all men shall receive in their shillings and pounds a less proportion of silver and gold than they did before this projected alteration, and pay for what they buy at a rate enhanced, it must cast upon all a double loss, what the King will suffer by it in the Rents of his lands, is demonstrated enough by the alteration since the 18 of Ed. 3. when all the Revenues of the Crown came unto the receipts pondere & numero, after 5 Groats the Ounce, which since that time by several changes of the Standard is come to 5 s. whereby the King hath two third parts of his just Revenues. In his Customs, the book of rates being regulated by pounds and shillings, his Majesty must lose alike, and so in all and whatsoever monies, that after this he must receive the profits of his Coinage, cannot be much more permanent in the loss lasting, and so long as it reacheth to little less than yearly, to accept part of his Revenue, for in every pound tale of gold is 7 Ounces, 1 d. weight, and 19 grains loss, which 25 l. in account, and in 700 l. tail of silver, which is 14 l. 17 s. more. And his Majesty shall undergo all this loss hereafter, in all his receipts, so shall he no less in all his dibursments, the wages of his soldiers must be ratably advanced, as the money is decreased. This Edward the 3, as appeareth by the accounts of the Wardrobe and Exchequer, as all the Kings after him were enforced to do, as often as the lessened Standard of the monies of what shall be bought for his Majesty's service, must in like manner be enhanced on him. As his Majesty hath the greatest profits of receipts and issues, so must be of necessity taste of the most loss by this device. It will destroy or discourage a great proportion of the trade in England, Impair his Majesty's Customs for that part, being not the least that passeth upon trust and credit will be overthrown, for all men being doubtful of diminution hereby of there personal estates will call in their moneys, already out, and no man will part with that which is lying by him upon apparent loss, as this must bring; what damage may befall the State by such a sudden stand of Trade I cannot guess. The moneys both of gold and silver formerly Coined and abroad, richer than those intended, will be made of the most nereby Bulloin and so transported; which I conceive will be none of the least inducements that hath drawn so many Goldsmiths to side this Project, that they may be thereby Factors for the Strangers, who by the Law of Mintage bring but two shillings silver to the pound weight, and 4 shillings for gold; whereas with us the one is _____ and the other 5 shillings, many make that profit beyond the Sea, they cannot here, and so his Majesty's Mint unset of work. And as his Majesty's loss appeareth in the alteration of many a 14th in the silver, and a 25th part in all the gold they after shall receive; so shall the Nobility, Gentry, and all other landed men in all their former settled Rents, Annuities, Pensions, and sums of money, the like will fall upon the labourers and workmen in their statute wages. And as their receipts are lessened hereby, so are their issues increased either by improving all prices, or disfurnishing the Market, which must necessarily follow; for in the 5th of Edw. 6th. 3ᵒ Marry, 4 to Eliz. as appeareth by their Proclamations. That a Rumour only of alteration caused such effects, punishing the author of such reports, with Imprisonment, and Pillory. It cannot be doubted, but the projecting of such a change, must be of far greater consequence and danger to the State, and would be wished that the Actors, and authors of such disturbances in the Commonwealth at all times hereafter, might undergo a punishment proportionable. It cannot be held, I presume, an advice of best judgement that layeth the loss upon ourselves, and the gain upon our enemies, for who are like to be in this the greatest thrivers, is not visible that the strangers who support, or money for bullion, our own Goldsmiths, who are their Brokers, and the Hedgminters of the Netherlands, who termed them well, will have a fresh and full trade by this abasements. And we do not the Spanish King, our greatest enemy, a greater favour than by his, who being Lord of these commodities by his West-Indies, we shall so advance them to our impoverishment, for it is not in the power of any State to raise of the price of their own, but the value that their neighbours, set upon them, experience hath taught us that the enfoebling of Coin is but a shift for a while, as drink to one in a dropsy, to make him swell the more, but the state was never thoroughly cured, as we saw in Henry the Eighths' time, and the late Queens, until the Coin was made rich again. I cannot but then conclude my honourable Lords, that if the proportion of Gold and Silver to each other be wrought to that purity, by the advice of the Artists that neither may be too rich for the other, that the Mintage may be reduced to some proportion of neighbour parts, and that the issue of native commodities may be brought to overbalance the entrance of the foreign, we need not seek any shift, but shall again see our trade to flourish, the Mint as, the pulse of the Commonwealth, again to bear, and our Materials by Industry, to be Ours of Gold and Silver, which we all wish and work for, supported unto us, and the honour of Justice, and Profit of his Majesty. Certain general Rules collected concerning Money and Bullion, out of the late Consultation at Court. GOld and silver hath a two fold estimation in the extrinsique, as they are moneys, and Princes measures given to his people, and this is a Prerogative of Kings in the Intrinsique, they are commodities valuing each other according to the plenty or scarcity; and so all other commodities by them, and that is the sole power of Trade. The measure in a Kingdom ought to be constant, It is the Justice and honour of the King; for if they be altered, all men at that time are deceived in the precedent contracts, either for lands or moneys, and the King most of all; for no man knoweth either what he hath, or what he oweth. This made the Lord Treasurer Burleigh in Anno 1573. when some Projectors had set on foot a matter of that nature, to tell them that they were worthy to suffer death, for attempting to put so great a dishonour upon the Queen, and detriment and discontent on the people; for to alter this public measure is to leave all the Markets of the Kingdom unfurnished: and what will be the mischief the Proclamation of 5. and 6. 3o. Marry, and 4th. of Eliz. will manifest, when but a rumour produced that effect so fare, that besides the faith of the Princes to the contrary delivered in their Edicts, they were enforced to cause the Magistrates in every Shire respectively, to constrain the people to furnish the Market, to prevent a mutiny. To think then this measure at this time short, is to raise all prices, or to turn the measure or money now current into disuse and Bullion; for who will departed with any, when it is by seven more in the hundred in the mass, than the now moneys, and yet of no more value in the Market. Hence the necessity of it will follow, that there will not of a long time be Minted of the new to drive the exchange of the Kingdom, and so all trade at one instance at a stand; and in mean time the Markets unfurnished, and thus far as money is a measure. Now as it is a commodity, it is respected and valued, by the intrinsique quality, and first the one mettle to the other. All commodities are priced by plenty or scarcity, by dearness or cheapness, the one to the other. If then we desire our silver to buy gold as it hath lately been, we must let it it be the cheaper and less in proportion valued, and so contrary for one equivalent proportion in both, will bring in neither; we see the profit there of the unusual quantity of gold brought lately to the Mint by reason of the price, we rate it at above all other Countries, and gold may be bought too dear; to furnish then this way the Mint with both, is impossible. And at this time it was apparently proved both by the best Artists, and merchants most acquainted with the Exchange, in both the examples of the Mint-masters, in the Rix-dolor, and Royal of Eight, that silver here is of equal value, and gold above with foreign parts in the intrinsique, but that the fallacy presented to the Lords by the Mint-masters, is only in the nomination of extrinsique quality. But if we desire both it is not the raising the value that doth it, but the balancing the Trade, for we buy more than we sell of all other commodities, be the money never so high priced, we must part with it to make the disproportion even, if we sell more than the contrary will follow. And this is plain in Spanish necessities, for should that King advance to a double his Royal of Eight, yet needing it by reason of the barrenness of his Country, more of foreign wares, then can countervail by exchange with his wares, he must then part with his money, and gain the more by enhaunsing his coin, but he payeth a higher price for the commodities he buyeth, if this work of raising be his own. But if we shall make improvement of gold and silver being the Staple-commodities of this Kingdom, we then advancing the the price of his abase to him our own commodities. To shape this kingdom to the fashion of the Netherlands, were to frame a Royal Monarchy by a society of Merchants, their Country is a continual Fair, and so price of moneys must rise and fall to fit their occasions; we see this by raising the Exchange of Frankford, and other places, of their usual time of the Marts. This frequent and daily change in the Low-Countries of their moneys is no such injustice to any there, as it would be here, for there they being all Merchants, or mechanics, they can rate accordingly their labour and their Ware, whether it be Coin, or other merchandise, to the present condition of their own money in Exchange. And our English Merchants to whose profession it properly belongeth, do so according to their just intrinsique value of their foreign Coin in all barter of commodities or Exchange, except usance which we that are rated and tied by the extrinsiques' measure of moneys in all our constant reckonigs, and annual bargains at home cannot do. And for us then to raise our Coin at this time, to equal their proportions were but to render ourselves to a perpetual incertainty, for they will raise upon us daily them again, which we of course shall follow, else receive no profit by this present change; and so destroy the Policy, Justice, honour, and tranquillity of our State for ever. To the Right Honourable the Lord Deputy. The ●●mble and just Remonstrance of the Knights, Citizens and Burgesses in Parliament assembled. Showing that in all ages since the happy subjection of this Kingdom to the Imperial Crown of England it was and is a principal study and Princely care of his Majesty and his most noble Progenitors, Kings and Queens of England, and Ireland, to the vast expense of treasure and blood; That their loyal and dutiful people of this Land of Ireland, being now for the most part derived from British Ancestors, should be governed according to the municipal and fundamental Laws of England; That the statute of Magna Charta, or the great Charter of the liberties of England, and other laudable laws and statutes were in several Parliaments here enacted and declared; that by the means thereof & of the most prudent & benign government of his Majesty & his Royal Progenitors, this Kingdom was until of late in its growth a flourishing estate, whereby the said people were heretofore enabled to a●●iver their humble and natural desires, to comply with his Majesty's Princely and royal occasions, by their free gift of 150. thousand pounds sterling: and likewise by another free gift of 120. thousand pounds more, during the government of the Lord Viscount Faulkland, and after by the gift of 40. thousand pounds, and their free and cheerful gift of si●● entire Subsidies, in the tenth year of his Majesty's Reigns, which to comply with his Majesties then occasions, signified to the then house of Commons they did allow should ammount in the Collections unto 2 hundred and fifty thousand pounds (although as they confidently believe) if the Subsidies had been levied in a moderate Parliamentary way, they would not have amounted to much more than half the sum aforesaid, besides the four entire Subsidies granted in this present Parliament. So it is, may it please your Lordship, by the occasion of ensuing and other grievances and Innovations, though to his Majesty no considerable profit this Kingdom is reduced to that extreme and universal poverty, that the same is less able to pay 2 Subsidies then it was heretofore to satisfy all the before-recyted great payments & his Majesty's most faithful people of the Land, do conceive great fears, that the said grievances and consequences thereof, may be hereafter drawn into precedents, to be perpetuated upon their posterity which in their great hopes and strong belief, they are persuaded is contrary to his Royal and Princely intention towards his said people, of which greivances are as followeth: 1, First, the general apparent decay of Trades, occasioned by the new and illegal raising of the book of rates, and impositions upon native, and other Commodities, exported and imported, by reason whereof and of extreme usage and censures, Merchants are beggared both, and disenabled and discouraged to Trade; and some of the honourable persons who gain thereby often judges and parties. And that in the conclusion his Majesty's profit thereby is not considerably advanced. 2. The arbitrary decision of all civil causes and controversies by paper petitions, before the Lord Lieutenant and Lord Deputy, and infinite other judicatories upon references from them derived in the nature of all actions determinable at the Common Law, not limited into certain time, cause season or thing whatsoever: And the consequences of such exceeding by immoderate and unlawful fees, by Secretary's Clerks, Pursivants, Sergeants at Arms, and otherwise, by which kind of proceed his Majesty looseth a considerable part of his revenue upon original writs, and other wise: and the Subject looseth the benefit of his writ of Error, bill of reversal, vouchees, and other legal and just advantages and the ordinary course and Courts of justice declined. 3. The proceed in civil causes at Counsel board, contrary to the Law and great Charter, not limited to any certain time or season. 4 That the Subject is in all the material parts thereof denied the benefit of the Princely graces, and more especially of the statute of limitations of 21. of jac. Granted by his Majesty in the fourth year of his Reign, upon great advice of Counsel of England and Ireland, and for great consideration, and then published in all the Courts of Dublin, and in all the Counties of this Kingdom in open assizes, whereby all persons do take notice, that contrary to his Majesty's pious intentions, his Subjects of this land have not enjoyed the benefit of his Majesty's Princely promise thereby made. 5. The extrajudicial avoiding of Letters Patents of estates; of a very great part of his Majesty's subjects under the great Seal (the public faith of the Kingdom) by private opinions, delivered at the Counsel board without legal evictions of their estates, contrary to the law, and without precedent or example of any former age. 6. The Proclamation for the sole emption and uttering of Tobacco, which is bought at every low rates, and uttered at high and excessive rates, by means whereof thousands of families within this Kingdom, and of his Majesty's Subjects, in several Lands, and other parts of the West Indies (as your Petitioners are informed) are destroyed; and the most part of the coin of this Kingdom is ingrossed into particular hands: Insomuch as the petitioners do conceive that the profit arising and engrossed thereby doth surmount his Majesty's revenue, certain or cosuall, within this Kingdom, and yet his Majesty receiveth but very little profit by the same. 7. The universal and unlawful increasing of Monopolies, to the advantage of a few, to the disprofit of his Majesty, and Impoverishment of his people. 8. The extreme and cruel usage of certain late Commissioners, and other stewards, the British Farmers and Inhabitants of the City and County of London Derry, by means whereof the worthy Plantation of that Country is almost destroyed, and the Inhabitants are reduced to great poverty, and many of them forced to forsake the Country, the same being the first and most useful Plantation in the large Province of that Ulster, to the great weakening of the Kingdom, in in this time of danger, the said plantation being the principal strength of those parts. 9 The late erection of the Court of high Commission, for causes▪ Ecclesiastical in those necessitous times, the proceed of the said Court, in many causes without legal warrant, and yet so supported as prohibitions have not been obtained, though legally sought for: And the excessive fees exacted by the Ministers thereof, and the encroaching of the same upon the jurisdiction of other Ecclesiastical Courts of this Kingdom. 10. The exorbitant fees and pretended Customs exacted by the Clergy against the Law, some of which have been formerly represented to your Lordship. 11. The Petitioners do most hearty bemoan that his Majesty's service and profit are much more impaired then advanced, by the grievances aforesaid; & the Subsidies granted in the last Parliament, having much increased his Majesty's revenue, by the buying of grants, and otherwise: and that all his Majesty's debts then due in this Kingdom, were satisfied out of the said Subsidies; and yet his Majesty is of late, (as the petitioners have been informed, in the house of Commons) become indepted in this Kingdom, in great sums; And they do therefore humbly beseech, that an exact account may be sent to his Majesty, how and in what manner his treasure issued. 12. The Petitioners do humbly conceive just and great fears, at a Proclamation published in this Kingdom, in Anno Domini 1635. Prohibiting men of quality or estates, to departed this Kingdom into England, without the Lord Deputies Licence, wherein the Subjects of this Kingdom are hindered and interrupted from free access, to address to his sacred Majesty, and privy Counsel of England, to declare their just grievances, or to obtain remedies for them in such fort as their Ancestors have done, in all ages since the Reign of King Henry the second, and great fees exacted, for every of the said Licenses. 13. That of late his Majesty's late Atourney general, hath exhibited Informations against many Boroughs of this Kingdom, into his Majesty's Court of Exchequer, to show cause, by what warrant the said Burgesses (who heretofore sent Burgesses to the Parliament) should send the Burgesses to the Parliament, and thereupon for want of an answer, the said privileges of sending Burgesses was seized by the said Court, which proceed were altogether Coram non judice, and contrary to the laws and privileges of the house of Parliament; (and if way should be given thereunto) would tend to the subversion of Parliaments, and by consequence to the ruin and destruction of the Commonwealth. And that the house of Commons, hath hitherto in this present Parliament, been deprived of the advice and Counsel of many profitable and good members by means thereof. 14. By the powerfulness of some Ministers of state in this Kingdom, the Parliament in its members, and actions, hath not his natural freedom. 15. And lastly, that the Gentry, and Merchants, and other his Majesty's Subjects of this Kingdom, are of late by the grievances, and pressures before said, & other the like brought very near to ruin, and destruction: And Farmers of Customs, Customers, Waiters, Searchers, Clerks of unwarrantable proceed, Pursivants, and Gaolers, and sundry others, very much enriched, whereby and by the slow redress of the petitioners, his Majesty's most faithful and dutiful people of this Kingdom, do conceive great fears, that their readiness approved upon all occasions, hath not been of latere presented to his sacred Majesty: For remedy whereof the said Petitioners do humbly and of right beseech your Lordship, that the said grievances and pressures may be speedily redressed, and if your Lordship shall not think fit to afford present relief, that your Lordship might admit a select Committee of this house of Persons uninteressed in the benefit a rising of the aforesaid grievances to be licenced by your Lordship, to repair to his sacred Majesty in England, for to pursue the same and to obtain fitting remedy for their aforesaid and other just grievances and expressions, and upon all just and honourable occasions, they will without respect of particular interest or profit, to be raised thereby most humbly and readily in Parliament extend their uttermost endeavour to serve his Majesty and comply with his royal and princely occasions, And shall pray, etc. Mr. Secretary Windebancks Charge in Parliament 7. December 1640. 1 seventy four Letters of grace to Recusants within this fowr years signed with his own hands. 2. Sixty four Priests discharged from the Gatehouse at Westminster within these 4. years, and for the most part by him. 3. Twenty nine discharged by a verbal warrent from him. 4. Awarrant to protect one Musket a condemned Priest, and al● the houses he frequented. 5. One committed by the Kings own hand, and discharged by him without signifying the King's pleasure. 6. The Retition of the parish of St. Gyles in the fields to the King of the increase of Popery and that 21. were turned by two Priests Moss and Souther, which being committed were suddenly discharged by Secretary Windebanck, A message from the House of Commons to his Majesty 15. December 1640 Mr. Treasurer IS entreated from this house to acquaint his Majesty with the great care and affection of the house to advance and settle his Majesty's Revenue, and for that purpose we humbly desire his Majesty will give us leave to enter into debate of his revenue and his expense. His Majesty's answer thereto by Mr. Treasurer. HIs Majesty being by me acquainted with the great care and affection of the house of Commons to advance and settle his Majesty's Revenue, doth very graciously interpret the same, and hath commanded me to give the House thanks for it in his name; and his Majesty doth give the House free leave to enter into debate of his Revenues and Expenses, as is desired, and hath given order that all his Officers and Ministers from time to time, shall assist the House therein, as there shall be occasion. Vote concerning the Cannons in the House of Commons. 15. Decem. 1640. THat the Clergy of England Convented in any Convocation or Synod, or otherwise have no power to make any Constitutions, Cannons or Acts whatsoever in matter of Doctrine, or otherwise to bind the Clergy or Laity of this Land without the Commons consent of Parliament. That the several Constitutions and Cannons Ecclesiastical, Treated upon by the Archbishop of Canterbury, and York, Precedents of the Convocation for the respective Provinces of Canterbury and York, and the rest of the Bishops and Clergy of these Provinces, and agreed upon by the King's majestics licence in their several Synods began at London and York 1640. do not bind the Clergy or Laity of this Land, or either of them. An Order concerning Monopolers. 19 November 1640. IT is ordered that upon the question that all Projectors and Monopolizers whatsoever, or that have had any share in any Monopolies, or that do receive or lately have received any benefit by any Monopolies or Patten, or that have procured any warrant or command, for the restraint or molesting of any that have refused to conform themselves to any Proclamation or project are disabled by order of this House, and if any man have been known to have been a Monopoliser or Pattentee shall repair to have been a Monopoliser, that he shall nominate him; that any member of this House that is a Monopoliser, or Pattentee, shall repair to Mr. Speaker, that a new warrant may issue forth or other wise that he be dealt with as a stranger that hath no power to sit here. Order against Monopolies and Pattens 25. Nou. 1640. IT is this day ordered in the Commons House now assembled in Parliament that all Pattens and Grants of Monopolies that have been complained of in this house. The Scottish Commissioners thanks to his Majesty 30. Decemb. 1640. WE do in the Name of the PARLIAMENT and whole Kingdom of Scotland acknowledge in all humility and thankfulness, in granting our first demand beving fully assured that the Parliament will leave nothing undone that may serve for his Majesty's honour & the whole Kingdom, is Testimony of their thankfulness, will earnestly pray, that God will grant his Majesty a long and prosperous Reign. Adam Blaire. The humble Declaration of the Master and Wardens of Vintners, William Abel Alderman of London, and the rest of the Court of Assistants of that Company, how in what manner the said Company, Farmers and Adventurers have proceeded in the Farms of 40. shillings per ton and wine Licence. IN the year 1632. The Lord Weston being then high Treasurer of England sent for the Master and Wardens of the Company of Vintners, and demanded of them the Vent and consumption of Wines, one penny a quart, which is 4 pound per tun, which they utterly refused, alleging it would be the utter undoing of the retailing Vintners. In Anno 1633. a Decree was made by the advice of the Judges of England in the Star-chamber: That the retailers of wines might not sell or dress Victuals in their houses, which time out of mind they were accustomed to do. And this done without any information or bill, or any called to defend or justify their trade or usage of it. In Anno 1634. his Majesty questioned the Vintners, and retailers of Wine, for the breach of the said Decree, and drew 6000. pounds from the Vintners to be lent him: And thereon his Majesty did by order give way to the retailers of Wines, to dress and sell Victuals till December than next following; at which time his Majesty promised to settle it as he thought fit for him to sign, and then to have the Vintner's relying upon that Temporary Licence, and of his Majesty's gracious Declaration continued to dress meat beyond the tyme. In Anno 1635. The retaylors of Wines were again questioned for breach of the former Decree by his Majesty, and the Lord Cottington, then propounded to yield to pay somewhat on their vent of Wines, to his Majesty, which the retailing Vintners utterly refused to do. In Anno 1636. many retaylors of Wynes were by information in Master Attorneys name questioned in Star-chamber, for breach of the decree, and so fare proceeded against as that they were served with Process of that Court to hear judgement. That things thus depending Sir Richard Kilvert repaired to Alderman Abel, than Master of the Company, being a mere stranger to Master Kilvert, and told him his Majesty bid him command by warrant, to prosecute the Vintners in the Star-chamber, for selling above the price, and breach of the Decree, for dressing of meat, and against the Merchant's scopers, and others; Intimating further it was his Majesty's pleasure that some of the Company of Vintners should attend the Right Honourable Marquis Hambleton concerning the same. In October Anno 1637. at Vintner's Hall London, William Abel Alderman being then Mr. of that Company, imparted to the Company, that Master Richard Kilvert had been lately with him, and acquainted him with the former passages. At this court the company of vintners taking their business into their serious considerations, & weighing how they might hazard the utter undoing of such as had transgressed the Decree, if they should be brought to a sentence in Star-chamber made choice and did entreat Alderman Abel, than their master, Edward Kinaston, Robert Shawe, Ralph Moor, George Hubburt, and Michael Gardiner. For the Committee, to wait upon the said Lord Marques Hambleton, by whom Master Killvert had intimated his Majesty's pleasure should be made known, and to impart the same again unto the Company. That Alderman Abel, and the rest, did attend the marquis who told them, that his Majesty had given him the Fines of all the Vintners to be imposed in Star-chamber, but yet if the Vintners would condescend to pay his Majesty 4, pound a Tun, upon Consumption of wines, he could forbear the fines, and all prosecutions should be stayed, and himself would depend upon his Majesty's favour in some other thing. And after many attendances and several reasons offered by them on the behalf of the Company, against paying any thing on the Consumption of Wines, and not prevailing, being then by the Lord marquis promised some advancing price and other privileges, and being advised by Counsel that wine being a forraygn Commodity, his Majesty might prohibit the coming of it, and impose what he pleased on it, thereupon and upon the aforesaid threats and promises after the same was imparted, and often debated by the Company, they submitted to the payment of 40. shillings per Tun, 4. pound being demanded; And soon the 11. of june 1638. together with the French and Spanish Merchants, they the said Company of Vintners, contracted by Indenture Quadrupartite with his Majesty, to pay him forty shillings per Tun on all such wines as they bought and Vented, and the Company of Vintners being informed that the Farmers of his Majesty's Customs, and some particular Merchants of the Company of Cooper's, London moved and sued to his Majesty to farm the said Duties, and the Company of Vintners well knowing what great hindrance it would be to them, if strangers should come in & search their sellers, & know the particular of what they had bought and sold, the Company to prevent many inconveniences, desired rather to Farm the duty from his Majesty, his Majestic declaring that he would not contract with a generality of company for the same, but with some particular members. The Company did desire Alderman Abel, and nine others freemen of their Company, to perform the contract with his Majesty for the same duty, who took it to farm at 3000. Pounds Per Annum for eight years. And it was agreed by the Company, that the farmers should have no more share of profit and loss in the Farm then other brethren had, which should be pleased to undertake, and go adventure with them: And it was ordered by the Company, that if that Farmer or adventurer should decease, that then that parties adventure should be transferred to some other free Vintner, and to none other, and not to descend either to the Executors or Administrators of such Vintners, so deceasing; the said ten Farmers, being nominated by the Company, and adventured in the same farm of forty shillings per Tun on Wine and Farm of Wine Licences, which they likewise took by direction of the Company, on the second of January 1640. Humbly Petitioned his Majesty to accept of the said Farms, they accounting to his Majesty for all moneys received from the beginning, they having allowance for what they disbursed, and stand engaged for, for his Majesty's service, with interest and necessary charges, without any profit to themselves. And Master Alderman Abel and divers others, the Contractors never dealt in gross nor benefitted themselves by the Advance upon Retail of wine, so that he in all this hath been but a person entreated into this business for the Company, and no whit for himself, nor hath otherwise or in any other manner as for other cause acted any thing at all in or concerning this business. To the High and Honourable Court of PARLIAMENT, The humble Petition of the University of OXFORD, Shows, THAT whereas the University hath been informed of several Petitions concerning the present Government of this Church, and maintenance of the Clergy, which have of late been exhibited to this Honourable Assembly; We could not but think ourselves bound in duty to God, and this whole Nation, in charity to ourselves and Successors, who have and are like to have more than ordinary interest in any resolution that shall be taken concerning Church-affaires, in all humility, to desire the continuance of that form of Government, which is now established here, and hath been preserved in some of the Eastern and Western Churches, in a continued Succession of Bishops, down from the very Apostles to this present time; the like whereof cannot be affirmed of any other form of Government in any Church. Upon which consideration, and such other motives as have been already represented to this Honourable Parliament from other Persons and places (with whom we concur) in behalf of Episcopacy, We earnestly desire, that you would protect that ancient and Apostolical Order from ruin or diminution. And become farther Suitors for the continuance of those pious Foundations of Cathedral Churches, with their Lands and Revenues, As dedicate to the Service and Honour of God, soon after the plantation of Christianity in the English Nation: As thought fit and useful to be preserved for that end, when the Nurseries of Superstition were demolished, and so continued in the last and best times since the blessed Reformation, under King Edw. 6. Q Elizabeth & K. James, Princes renowned through the world for their piety and wisdom: As approved and confirmed by the Laws of this land, ancient and modern: As the principal outward motive and encouragement of all Students, especially in Divinity, and the fittest reward of some deep and eminent Scholars: As producing or nourishing in all ages many godly and learned men, who have most strongly asserted the truth of that Religion we profess, against the many fierce oppositions of our Adversaries of Rome. As affording a competent portion in an ingenuous way to many younger Brothers of good Parentage, who devote themselves to the Ministry of the Gospel: As the only means of subsistence to a multitude of Officers and other Ministers, who with their Families depend upon them and are wholly maintained by them: As the main Authors or upholders of divers Schools, Hospitals, Highways, Bridges, and other public and pious works: As special causes of much profit and advantage to those Cities where they are situate, not only by relieving their poor, and keeping convenient Hospitality, but by occasioning a frequent resort of Strangers from other parts, to the great 〈◊〉 of all Tradesmen, and most Inhabitants in those places: As the goodly Monuments of our Predecessors Piety, and present Honour of this kingdom in the eye of foreign Nations: As the chief support of many thousand Families of the Laity, who enjoy fair estates from them in a free way: As yielding a constant and ample revenue to the Crown: And as by which many of the learned Professors in our University are maintained. The subversion or alienation whereof must (as we conceive) not only be attended with such consequences as will redound to the scandal of many well affected to our Religion, but open the mouths of our Adversaries, and of Posterity against us; and is likely in time to draw after it harder conditions upon a considerable part of the Laity, an universal cheapness and contempt upon the Clergy, a lamentable drooping and defection of industry and knowledge in the Universities; which is easy to foresee, but will be hard to remedy. May it therefore please this Honourable Assembly, upon these and such other Considerations as your great wisdoms shall suggest, to take such pious care for the continuance of these Religious Houses, and their Revenues, according to the best intentions of their Founders, as may be to the most furtherance of God's glory and service, the Honour of this Church and Nation, the advancement of Religion and Learning, the encouragement of the modest hopes and honest endeavours of many hundred Students in the Universities Who do and shall ever pray, etc. Dat. An. Dom. millesimo sexcent' quad' primo è Domo Convocationis, in celebri Conventu Doctorum ac Magistrerum, omnibus & singulis assentientibus. The Speech of Sergeant Glanvill in the upper House of Parliament, for the Redress of the present Grievances. His Majesty being seated on his Throne, Sergeant Glanvill was called to the Bar, being represented by the House of Commons for their Speaker; who spoke as followeth. May it please your Majesty, THE Knights, Citizens, and Burgesses, of your Commons House of Parliament in conformity to ancient and most constant usage (the best guide in great solemnities) according to their well known privileges (a sure warrant for their proceed) and in obedience to your Majesty's most gracious commands (a duty well becoming loyal Subjects) have met together, and chosen a speaker, one to be the mouth, indeed the servant of all the rest to steer watchfully and prudently in all their weighty consultations and debates, to collect faithfully and readily the Votes and genuine sense of that numerous assembly, to propound the same seasonably & in apt questions for their final resolution, and to present them and their conclusions, their declarations with truth and light, with life and lustre, and with full advantage to your most Excellent Majesty. With what Judgement, with what temper, spirit, and elocution he ought to be endued, your Majesty in your great wisdom is best able to discern, both as it may relate to your own peculiar and important affairs of State, to the proper work and business of this House of Commons, which was never small or mean, and now like to be exceeding weighty. It is a learned age wherein we live under your Majesty's most peaceful government; and your House of Commons is not only the representative body, but the abstracted quintessence of the whole Communality of this your noble Realm. I most humbly therefore beseech your Majesty as the father of the Commonwealth, and hope of the whole nation, to whom the care of all our welfares appertains, to have respect to your own interest, have regard to your House of Commons, have compassion upon me the unworthiest member of that body, ready to faint with fear, before the burden lights on me, I have only a hearty affection to serve you and your people, little abilities for performance; In the fullness therefore of your Royal power, your piety, goodness, be graciously pleased to command the House of Commons to deliberate upon a better choice who may be worthy of their choosing, and your Majesty's acceptations. My Lord Keeper having by his Majesty's direction confirmed him as Speaker, he addressed himself to his Majesty as followeth. Most gracious Sovereign; My profession hath taught me, that from the highest Judge there lies no writ of error, no appeal; what then remains, but that I first beseech Almighty God the author and finisher of all good works, to enable me to discharge honestly and effectually so great a task, so great a trust; and in the next place humbly to acknowledge your Majesty's favour? Some enemies I might fear, the common enemy of such services, expectation and jealousy; I am unworthy the former, and I contemn the latter. Time the touchstone of truth shall teach the babbling world, I am and will be found an equal freeman, zealous to serve my Sovereign, zealous to serve my dearest Country. Monarchy Royal of all governments the most illustrious and excellent, whether we regard the glory, wealth, or safety of the governor's or people; I hope none of this Nation are of antimonarchical spirits, nor friends to such, if there be, I wish no greater honour to this Parliament, then to discover them and to assist your Majesty to suppress and confound them. To behold your Majesty in peace and safety affords complete joy to all Loyal Subjects, who cannot but conclude with me in this desire. Serus in caelum redeas, diúque Laetus intersis Populo Britanno. England is your seat of residency, Scotland is your native place, and herein hath the advantage; Ireland imitates England by a great and quick progression in civility and conversation, in improvement of the soil and plantation. France is still attendant on your Royal stile; A King's Prerogative is as needful as great, without which he should want that Majesty which ought to be inseparable from his Crown, nor can any danger result thereby to subject's liberties, so long as both admit the temperament of Law and Justice, specially under such a Prince, who to your immortal Honour hath published this to the whole world for your maxim, that the people's liberties strengthen the King's Prerogative, and the King's Prerogative is to defend the people's liberties; Apples of gold in pictures of silver. Kings as Kings are never said to Err, only the best may be abused by misinformation; this the highest point of Prerogative that the King can do no wrong; if then by the subtlety of misinformers, by the specious false pretences of public good, by a cunning and close contrivance of their ways to seduce the Sacred Royal Person, it be surprised and overwrought to command contrary to law, and be executed accordingly; these commands will be void, and this King innocent even in his very person, and the authors of such misinformations, the actors of such abuses stand exposed to just censure, having nothing to defend themselves but the colour of a void command, made void by just Prerogative, and the fundamental reasons of state. Touching justice, there is not a more certain sign of an upright Judge, then by his patience to be well informed before sentence given, and I may boldly say, all the Judges in your Kingdom may take example by your Majesty and learn their duties by your practice, myself have often been a witness thereof to my no little admiration. From your patience, please you give me leave to press to your righteous judgement, and exemplify it but in one instance. When your Lords and people in your last Parliament presented your Majesty a Petition concerning their rights and liberties, the Petition being of no small weight, your Majesty after mature deliberation, in few but most effectual words; (soit droict faict come est desire) made such an answer, as shall renown you for just Judgement to all posterity. Let us hearty pray that this Parliament may be famous for the advancement of Sacred Religion, and to that end that the most Reverend Prelates, sitting on the right hand of your Kingly side, be most forward therein, to whom it is most proper. That the Nobles girt with their swords in their creation, and most especially rewarded and honoured for actions military: call to mind the most renowned Acts of their Ancestors, whose lands and honours they inherit, and how renowned this Land hath been through the whole World for Art and Arms, and labour to restore it to its ancient splendour: The best way to preserve peace, is to be well fitted for War. But were this Nation never so valiant or wealthy, if Unity be not among us, what good will riches do us, or your Majesty, but enrich the conqueror? he that commands all hearts by love, he only commands assuredly; greatness without goodness can at best but command bodies. It shall therefore be my hearty prayer, That such a knot of love may be knit betwixt the Head and members that like Gordius knot it never be loosed: That all Jesuited foreign States who look asquint upon our Jerusalem may see themselves defeated of all their subtle plots and combinations, of all their wicked hopes and expectations, to render us, if their mischief might take effect, a people inconsiderable at home, and contemptible abroad. Religion hath taught us (Simo Deus nobiscum, quis contra nos?) and experience I trust will teach us (Simo sumus inseparabiles sumus insuperabiles.) It was found, and I hope it still shall and will be the Tenet of the House of Commons; That the King and people's good cannot be severed: And cursed be every one that goes about to divide them. Secretary Windebankes Letter to my Lord Chamberlain, from Calais, January 11. MY Lord, I owe myself to your Lordship, for your late favours; and therefore, much more the account of myself, though the debt in either respect, be of little consideration, and the calling of both may be of greater advantage to you, then to continue be Obligation. This account had been presented to your Lordship, at my first arrival here with my first dispatches, but I was so mortified with my hazardous passage in an open shallop, and so perplexed with the thoughts to miseries, into which I find myself plunged, and besides, the departure of the messenger that carried those letters, was so sudden, that it was not possible to perform this duty to your Lordship sooner; For the which I do most humbly crave pardon: your Lordship may now please to accept the expressions, from the saddest and most wounded soul in the whole World, who am a spectacle of misery in myself, in my distressed Wife and Children, and in my whole fortunes, who have left the attending of my Sovereign and Master, and access to the best Prince in the world, who am become a scorn and byword to all the world, both at home and abroad, a wanderer, an Exile from mine own Country, now in the declination of my years, and likely to end my days, in a remote Country, and far from the comfort of all my friends; What I am guilty of none knows so well as his Majesty whom I have served faithfully, diligently, painfully, and with as true and loyal an heart, according to my poor abilities, as any other whatsoever, and if I found my Conscience charged with any crime of baseness, corruption, infidelity, or any thing else unworthy of a Gentleman, I should not venture to address these complaints to your Lordship, or to any other person of Honour, in this disconsolate estate, being an object not altogether unworthy of your Lordship's compassion, be it for no other respect, but that I have long served the King and Queen's Majesties, I doubt not but your Lordship, in your generosity and goodness, will have a lively sense and f●●ling of my sufferings, and vouchsafe me such relief as in your Honour you may; and if myself, who by course of Nature cannot be now of long continuance, be not considerable, I most humbly beseech your Lordship to have pity upon my poor innocent wife, and children, that they receive such comfort and assistance from you in my absence, that they may be preserved from perishing. And to that end I most humbly crave your Lordship's favour to this Bearer my Son, and to give him the honour of access whensoever he shall make his addresses to you, wherein you shall do a work of singular charity; and because there is an opinion in the world, that I have much improved my fortunes by the Roman party; and there hath been some design by my ministry to introduce Popery into England, I shall most humbly crave your Lordship's patience in giving me leave to clear those two great misunderstandings, which if they were true, were sufficient to render me uncapable of his Majesty's favours, or of the compassion of any person of honour whatsoever: For the first, it is notorious to all the world that having now served his Majesty in the place of a Secretary above eight years, I have not added one foot of Land to the inheritance left me by my father, which in Land and Lease was not above 500 pounds per annum, a poor and inconsiderable estate for a Secretary, and such an one as most Secretaries have more than trebled in a short time; for my manner of living, it hath been much under the dignity of a Secretary; and if I had not been very frugal, I could not have subsisted; where then this concealed Mass of Treasury is (I wish those that speak so liberally of it) would let me know; for I do protest to God I am utterly to seek where to discover it, and at this present, I am so unfurnished with moneys, that if his Majesty cause me not to be supplied, I am unable to subsist in these parts without exposing my Family in England to the danger of starving, and yet neither my purpose nor inclination is to live otherwise here, than in the greatest obscurity and closeness that possibly I may. I assure your Lordship that those of the Roman party that passed my hands by his Majesty's commandment; were poor distressed creatures, and fare from being able to enrich me, and besides, how little I have attended my own private, and how freely and like a Gentleman, I hope I may speak the truth without ostenation, I have done courtesies to all, I wish it should rather appear by the testimony of such as have made use of my services, then by mine own. My Father and I have served the Crown of England near 80. years together, in which time, if a greater estate had been raised it might well have been justified, considering the great employments near the persons of Queen Elizabeth, King James, and his Majesty that now is, we both have had; and your Lordship may believe it (for I avow it upon the faith of a Christian) that it is no more than I have above mentioned, and whether there are not many from less employments have risen to be Noblemen, and made their fortunes accordingly, I leave to the world to judge. For the other suspicion of my being a favourer or an advancer of Popery, I protest before the Almighty God, and as I shall answer at the last dreadful day, that I know no ground for the least suspicion thereof, neither am I myself, nor is any other to my knowledge guilty of the least thought of any such purpose; For myself I received my Baptism in the Church of England, and I know nothing in the Church of Rome that can win me from that Church wherein I was made a Christian; I do therefore hold this Church of England, not only a true and Orthodox Church, but the most pure, and near the primitive of any in the Christian world, and this I will be ready to seal with my blood, whensoever there shall be occasion (with this further protestation) that if I did not hold it so, I would not continue in it for any worldly respects whatsoever. For that which hath passed my hands for favour of that party, it hath been merely ministerial, as his Majesty best knows, and I must be bold to say that his Majesty hath not been deceived by it, but hath received many greater advantages; besides that, if a Secretary of State should not hold intelligence with the party, is absolute to disable him for the service of the State, and that hath been done always more or less, and so must always continue, Kings and their Ministers of State, have ever had, and might ever have a Latitude according to time and occasion, and cannot be so tied according to strictness of law as others are, without peril to the government, therefore when the Roman party were practic and busy about the State, there was reason to be more strict, but now by the wisdom of the Queen and her good Officers, they are better tempered, less severity hath been used, it being the prerogative of the Prince to use moderation according to accusation: further than this I have not had to do with the Roman party, nor thus far but in obedience to my Master's commandment, which I hope shall not be censured a crime, this being my condition; I most humbly submit it to your Lordship's wisdom and goodness, and seeing there is no malignity in it, nor prejudice to the state, That your Lordship would vouchsafe me your favour and protection, and preserve me from perishing. Calais, January 11. 1640. Your Lordship's most humble and faithful, though much distressed servant, Fran. Windebanck. The Lord Andevers speech concerning the pacification, the 6 of March. My Lords, I Did lately move your Lordships that the breach of the pacification might be speedily reviewed, as the ●num necessarium; and truly my opinion at that time is yet nothing altered, although upon better thoughts (me thinks) it would first be known who did actually engage us in these fruitless dissensions, and so derive the mischief from some original. For my Lords, the kingdom cannot now long stant at gaze or undergo new burdens. Wherefore what is to be done (if you intent it should prosper) must presently receive life from the whole people, otherwise we shall expire in a dream; and when the success differs from expectation, it is not enough to cry, quod non put are am. My Lords, the wiseman says, there is a proper season for all things under the Sun, and we often find the experiment in natural bodies, which are voluntarily weakened, to recover strength, yet with a restriction to such bounds, and limits, as the Physician prescribes himself; and truly, I think it is your Lordship's case at this point, either to consider what should further be done then is already, or else how to get out of those labyrinths we now are in, lest the words of the Psalmist come home to ourselves, Vendidisti populum sinepretio. My Lords, I am confident the House of Commons doth throughly see, both into the prejudice, and vast expense that these two armies lay upon the land, and undoubtedly so many Gentlemen of worth, as sit there, will have tender eyes upon the Commonweal. It will therefore become your Lordships to second them in your way, and whilst they apply to public wounds, the care of this house may search the intestines, for if they be not cleansed, it will be but a superficial Cure, and break out again. My Lords, it seems the Earl of Strafford, and the Archbishop of Cant. have gone the high ways of iniquity, and every one knows how to trace them, but Mines under ground are most considerable, which (unless they be likewise found out) may at any time spring and supplant the whole fabric of all our labours. Let us then examine this fantastic war ab initio; lest, as the Duke of Burgundy made a few Sheepskins the cause of his quarrel, so we shall find those sheets of paper sent under the name of a Liturgy, and book of Canons, were but the Mopsa's of the story to divert our eyes from the main design. Therefore my humble motion shall be for a selected Committee of no great number, who may have power from the House to begin ab origne mali, revise every man's negotiations, who was either an Actor or Counsellor since the first appearance of those troubles in Scotland, and that they may examine the Scottish Counsel upon such Articles, as the heavy pressure of this Kingdom shall upon common fame administer unto them. By the Major. The Order of the House of Commons to the Lord Major, for the due observing the Sabbath day. IT is this day ordered by the House of Commons, the aldermans and Citizens that serve for the City of London, shall intimate to the Lord Major, from this House, that the Statutes, for the due observing of the Sabbath be put in execution. And it is further ordered that the like intimation from this House be made to the Justices of Peace in all the Counties of England and Wales. And the Knights of the Shire of the several Counties, are to take care that the Copies of this Order be accordingly sent to the Justices of Peace in the several Counties. FOasmuch as the Lords Day, commonly called Sunday is of late much broken and profaned by a disorderly sort of People in frequenting Taverns, Alehouses, and the like, and putting to sale victual and other things, and exercising unlawful games and pastimes, to the great dishonour of God, and reproach of Religion, whereof the House of Commons now assembled hath been pleased to take notice, and by their order, intimation hath been given unto me, that the Statutes for the due observing of the Sabbath be put in execution. These are therefore in his Majesty's name to will and require you forthwith, upon the sight hereof, that you give strict charge and command unto all and every the Churchwardens and Constables within your Ward, that from henceforth they do not permit or suffer any person or persons, in the time of divine service or at any other time upon the Sunday, to be drinking or playing in any Tavern, Inn, Tobacco-shop, Alehouse or other victualling house whatsoever, nor suffer any Fruiterer, Milkwoman, or Hearbwomen to stand with fruit, milk, herbs, or any other Victual or Wares, in any the streets, lanes, or allies within your ward, or any other ways to put those things or any other to sale upon the Sunday at any time of the day or in the evening, not to permit or suffer any Person or Persons to use or exercise upon that day any unlawful exercises and Pastimes within your ward, and that express charge be given to every keeper of any Tavern, Inn, Cookshouse, Tobaccohouse, Alehouse, or any other tippler or victualler whatsoever within your ward, that hereafter they receive not or suffer to remain any person or persons whatsoever as their guests or customers to tipple, eat, drink, or take Tobacco in their houses upon any Sunday, other than that Inholders may receive their ordinary guests, or Travellers and such like, who come to remain for a time in their Inn for dispatch of their necessary business. And if any person or persons shall be found offending in the premises, that then they be brought before me the Lord Major, or some other of his Majesty's Justices of Peace, to the end they may receive such punishment as to justice shall appertain. And hereof not to fail, as you will answer the contrary at your peril. This thirteenth of April. 1641. Occasional Speeches, made in the House of Commons, this Parliament. 1641. Concerning Religion. Novemb. 12. 1640. Mr. SPEAKER, IT was well observed by my Lord Keeper, that a multiplying Glass may deceive; but the right English Glass of the Commonwealth, never. In which I discern so comely and active a Motion, that out of all question, some great work is here to be done, some thing extraordinary is here to be decreed; or else God and the King beyond all our expectations, at the last breath, would never so soon have cemented us again, to meet in in this great Council. Mr. Speaker, What an happy sight will it be to see the King and his People accord? A threefold cord is not easily broken; and I hope King Charles his threefold Kingdoms shall never be so divided, as to break in pieces. Mr. Speaker, God knows, the divisions of great Britain have half untwisted our long Union; and I fear that God is angry with our Nationall lukewarm temper: The zeal of his house hath not kindled that flame in our hearts; which our seeming good actions, have blown abroad; much like the walking of a Ghost, or liveless body which affrights many, but pleaseth no beholder. Omnia honesta opera, voluntas inchoat; It is the heart or will which gives the beginning to every good action; and I hope our constant resolutions will be to settle religion in his splendour and purity, by pulling Dagon from the Altar; and whipping the Buyers and Sellers out of the Temple; Pars prima bonitatis est velle fieribonum. The first part of goodness is to have the will of being good. God knows all our hearts, and takes notice of our inward resolutions, and for what ends we come hither, if to propagate and advance his glory and Gospel, blessed shall this Parliament and Nation be, and then most happy we, whose God is the Lord, all things shall work together for our good. For Mr. Speaker, he that turns the hearts of Kings like the rivers of waters, will make the King and his kingdoms all of one mind: Long live King Charles the Great, and his numerous Royal Issue, to defend the true faith, which will protect and keep him and his, safe in his father's Throne. Never King gave more full content to his people, than his Majesty now hath done, and I hope never subjects came with better hearts and affections to their King and Country than we do: let it then appear M. Speaker, by our outward actions and practice, that our inward obedience both of heart and hand, is true, loyal, and currant coin, not false nor counterfeit; for, Nemo veraciter dicit, volo, qui non facit illud quod potest; no man truly says, I am in will and heart resolved, unless according to his ability, he endeavour to perform his resolution, which, to speak the hearts of us all in this renowned Senate, I am confident, is fully fixed upon the true reformation of all disorders & innovations in Church or religion, and upon the well uniting, and close rejonting of the now dis-located great Britain: For let me tell you Mr. Speaker, that, God be thanked, it is but out of joint, and may be yet well set, by the skilful Surgeons of this Honourable House, to whose loving and Christian care, and to whose tender and upright hands I leave it, only with this Aviso, let brotherly love continue, and be constant and of good courage; for the keeper of Israel, who neither slumbers nor sleeps, who delivered us from Rome's November powder-blast, will no doubt still preserve his Anointed our gracious King, and us his loyal Subjects from all dangers of fire, or sword; For, Si Deus nobiscum, quis contra nos? Upon the Scotch Treaty. January 21. 1640. Mr. Speaker, THere is no malady more destructive to the natural, or politic body, than the mal Caduque, or falling sickness, nor is there any Physician or compound more to be esteemed than that which can cure it in either. M. Speaker, this unknown remedy, if we be wise to apply it, and take the receipt with all the ingredients, without any scruple of distaste; I am confident the recovery will be perfect, and the whole body of great Britain safe and sound. Mr. Speaker, the happy Union of Scotland and England, hath thus long ever since flourished in interchangeable blessings of plenty, and mutual love and friendship. But of late by what fatal disasters, and dark undermine we are divided, and severed into Scotish and English Armies; let their well composed preambles speak for me, which I wish were printed as an excellent emblem of brotherly love, that discovers who hath wounded us both, and how each should strive to help the other in distress, seeing their and our Religion and Laws lie both at stake together. Think of it what you will, (Noble Senate) their subsistence is ours, we live or die, rise or fall together. Let us then find out the Boutefaux of this Prelatical war, and make them to pay the shot for their labour, who no doubt, long for nothing more than that we should break with them, who worship but one God, and serve but one Master with us: Nor need we fear that they intent to dispossess the English of their inheritance or freehold, being ready to withdraw their forces upon reasonable terms, referring their demands of reparation for losses, to the justice and courtesy of this House, which I assure myself will give both a bountiful, cheerful, and speedy supply in this case of necessity; for, Bis dat, qui citò dat, is the best motto, or motion at this time. Upon the Impeachment of the Lord Strafford, and Canterbury, etc. February 26. 1640. Mr. Speaker. I Take it we have now sat in this great Council 15. or 16. weeks, a longer time than any Parliament hath done these many years; God hath given us a fair and blessed opportunity, if we lay hold of it; and call to mind the best Motto for a Parliament, which is, Non quam diu, sed quàm benè Mr. Speaker, We have had thus long under our Feathers many Estriges Eggs, which as some observe are longest in hatching, but once hatched, can digest Iron; and we have many Irons in the fire, and have hammered some upon the anvil of justice into nails; but we have not struck one stroke with the right hammer, nor riveted one nail to the head. Mr. Speaker, God forbidden we should be cruel or vindicative to any; but let us take heed we be not so to ourselves, and them the sent us; if we do not mend our pace, and so run as we may obtain. Mr. Speaker, I hope we shall make good the work we have undertaken, and win that prize and goal we aim at; else if we fail in this our pursuit of justice, it is time to look about us: for than I fear that we ourselves shall hardly scape scot-free. It will not be our fix Subsidies that will help us, unless we be good husbands, and cut off all superfluous charges, disband all needless Armies, and disarm all Papists, and banish all Priests, and Jesuits; and then we shall thrive and prosper. Provided always that we deny ourselves, and trust not too much in the arm of flesh, but be careful to preserve brotherly love and concord, lest discord and faction break, divide, and ruin us: but I hope God will make us all of one mind and one public spirit, that as we are descended from that ancient and noble English quiver, we may prove ourselves a right sheaf of English Arrows well united, well feathered, and sharply piled for public use, stoutly to defend and preserve the public good and safety of this famous Island of great Britain, and that is my humble prayer and motion. Upon the Straffordian knot. March 10. 1640. Mr. Speaker, IN this great and weighty cause, we ought seriously to consider, First, what we ourselves have done already in the accusation and impeachment of this great Earl, of high Treason. Secondly, let us remember what we now are, not only Parliament men, but public men, and Englishmen. As Parliament men, let us follow the steps of our ancestors, and be constant to that rule of Law which was their guide, and should be ours. As public men, forget not whom we here represent, and by how many chosen and trusted. As English men let us call to mind the undaunted 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, show the same blood runs in our veins. Thirdly, let us be well advised what to do, if in case we shall be denied justice in this particular, upon which depends not only the happiness, but the safety of this Parliament, of this Kingdom, of ourselves, and of our Posterities: and this is my Aviso. Upon the same Subject. April 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 woeful effects of an half-done work; those convulsions and renting pains, which the body of great Britain now feels, shows 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 return with a greater violence. For believe it, Mr. Speaker (let us flatter ourselves as we please) a dim sighted eye may see, that although we think we have now passed the equinoctial 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 powerful; and no doubt do 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 wolf by the cares? is there any way to go 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 journey's end: that is my humble motion. A seasonable motion for a loyal Covenant May 3. 1641. Mr. Speaker, IF ever we intent to perfect and finish the great works we have begun, and come to our journey's 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 loyal Covenanters with God and the King; first binding ourselves by a Parliamentary and Nationall Oath, (not a Straffordian, nor a Prelatical 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 Royal person, Crown, and dignity, and maintain our Sovereign in his glory and splendour, which can never be Eclipsed, if the balance of justice go 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 go our Christian hold, and lose our Parliament proof, 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 feel 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 Logic and Consequence of it, it is the grievance of the whole Kingdom. The Court of the Precedents, and Council 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 natural inclination of Courts to enlarge their own power and jurisdiction, hath so prodigiously broken down the banks of the first Council, in which it ran, hath almost overwhelmed that Country 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 inform 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 progress and growth of it. Your Lordships well know, that upon the suppression of all religious houses to such a value in the 27. year of H. 8. from that time to the thirtieth year of that King's reign, many (not fewer than six Insurrections) and Rebellions were made in the Northern parts, under pretence of that quarrel, most of them under the command 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 mind, and what he meant to do 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 Precedent, and others for the quiet government of the County of York, Northumberland, Cumberland and Westmoreland, the Bishopric of Durham, the County of the Cities of York, Kingston upon Hull, and Newcastle upon Tyne. But my Lords this Commission was no other than a Commission of Oyre and Terminer, only it had a clause at the end of it, for the hearing of all causes real and person, quando ambae parts, vel altera pars sit gravata paupertate fuerit, quod quomodo vis suum secundum legem Regni nostri, aliter persequi non possit, which clause how illegal soever, for that it is illegal 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 poor people found ease and benefit by it, I know not; but at that time I find no complaint against it, till the coming in of King James the Commission continued still the same, and that in the first year of his Reign to the Lord Sheffeild varied not otherwise from the former same, only it had reference to Instructors which should be sent, though any new sent or no is uncertain, but we can find none. In June, in the seventh year of the Reign of King James a new Commission was granted to the same man (the Lord Sheffeild) very differing from all that went before, it being left out, that they should inquire per sacramentum bonorum & legalium hominum, and to hear and determine secundum leges Angliae; Relation being had only to the instructions which were the first instructions, we can find were sent thither, though I told your Lordships there were some mentions of some In 1. Jac. I shall not trouble your Lordships with these Instructions, nor with the other that followed in 14. Jacobi to the same man, nor in 16 Jacobi, when a new Commission was granted to my Lord Sunderland, nor indeed with any till we come to these present Instructions, and Commissions under which that part of the Kingdom groans and languisheth. My Lord of Strafford came to that government in Decemb. 4. Caroli, and since the Commission hath been three several times removed, in the fist year in March, in the eighth in Novemb. in the thirteenth year of his Majesty's reign into that Commission of 8. and 13. a new clause served in for the granting, sequestering, and establishing Possessions according to instructions, crowded in a Mass of new exorbitant and intolerable power, though our complaint be against this Commission itself, and against the whole body of those instructions: I shall not misspend your Lordship's precious time in desiring to have the whole read, but shall presume to trouble your Lordships only with five or six of the instructions, that by the vast irregularity of those your Lordships may judge; how insupportable the whole burden is. I shall not trouble your Lordships with the nineth Instruction, though it be but short, which introduceth that, miseram servitutem, ubi jus est vagum, & incognitum, by requiring an obedience to such ordinances, and determinations, as be or shall be made by the Council Table, or high Commission Court. A grievance my Lords, howsoever consuetudo & peccantum claritas nobilitaverit hanc culpam, of so transcendent a nature, that your Lordship's noble Justice will provide a remedy for it, with no less care, than you would rescue the life and blood of the Commonwealth. Read the 19.22, 23, 24.29. and 30: I will not trouble your Lordships with reading more, there being among them in the whole 58. Instructions, scarce one that is not against, or besides the Law. Whether His Majesty may caution out a part of his Kingdom to be tried by Commission, though according to the rules of Law, since the whole Kingdom is under the Laws and government of the Courts established at Westminster, and by this reason the several parts of the kingdom may be deprived of that privilege, will not be now the question; that his Majesty cannot by Commission erect a new Court of Chancery, or aproceeding according to the rules of the Star-chamber, is most clear to all who have read Magna Charta; which allowed no proceed, nisiper legale judicium Parium & per legem terrae: for our Court of Chancery here by long usage and proscription is grown to be as it were lex terrae. But my Lords, the thircieth Instruction goes further, and erects such an Empire, such a Dominion, as shall be liable to no contrary. The Courts of Westminster, my Lords, have superintendences over all inferiors Courts to regulate their jurisdictions, if they exceed their limits. As to hold Plea of greater value, or the like in his exercise of Jurisdiction, the Judges are sworn to grant, and send prohibitions, and to stop the granting of these prohibitions, or to neglect them, when they are granted, is the greatest and boldest scorn of the Law, and the Lawmakers that can be imagined. The King's Courts at Westminster, having been always of that awful and reverend esteem, with inferior Judges, that the instances of such contempts against them are very rare and exemplary in the punishment. The Bishop of Norwich in Trinity Term, in the twentieth year of Edward the third, in Rot. 289. in the common Pleas in Hilary Term 21. in the King's Bench, was attached for disobeying a Prohibition at the suit of Stracill, upon full and solemn dissension of the whole matter, the Court resolved, that the proceed of the Bishop were inobedientiam & diminutionem Domini, & potestatis Regiae authoritatis suae lectionem & coronae suae exhereditationem manifestam, etc. As the words of the Records are, and therefore adjudged the temporal ties of the Bishop to be seized into the King's hand, and great, very great damages to be paid to Plaintiffs: And whosoever gave directions for these stout Instructions, might have remembered that no longer since then Michaelmas, in the seventh year of Eliz. Rot. 31. an Attachment was granted against the Archbishop of York then Precedent of that Council, for forbidding the Gaoler of York to deliver one Lambert his Prisoner, who was sent for by a habeas corpus from the King's Bench; and if they would have believed the resolution of all the Judges in England, in Trinity Term, in the 6 year of King James, they would have known how unfit it had been to enlarge that Jurisdiction, since most of their proceed being of an inferior nature to what they are now grown, were then declared to be illegal and inconsistent with the liberty of the Subject. And can such a Court, as this my Lords, deserve to live? what a compendious abridgement hath York gotten of all the Courts in Westminster Hall? whatsoever sals within the cognizance, or jurisdiction of either Courts here, is completely determinable within that one Court at York, besides the power it hath with the Ecclesiastical and high Commission Courts. What hath the good Northern people done, that they only must be disfranchised of all their privileges by Magna Charta, and the Petition of Right; for to what purpose serve these Statutes, if they may be fined and imprisoned without Law, according to the discretion of the commissioners? what have they done, that they, and they alone of all the people of this happy Island must be disinherited of their birthright, of their Inheritance? For prohibitions, writs of Habeas Corpus, writs of error are the birthright, the inheritance of the Subjects. And 'tis here worth your Lordship's observation, that to those many prohibitions, which have been granted from above, for till of late, the court of York had not the courage to dispose prohibitions, nor indeed till our Courts here, had not the courage to grant them. 'twas never known, that Court pleaded the Jurisdiction of their Council, which without doubt they would have done upon the advantage of many great persons, in whose protection they have always been, had they not known the Law, could not be misinterpreted enough to allow it. Your Lordships remember the directions I mentioned of Magna Charta, that all proceed shall be per legale Judicium Parium, & per legem terrae, now these Jurisdictions tell you, you shall proceed according to your discretion, that is, you shall do what you please, only that we may not suspect this discretion will be gentler and kinder to us then the Law, special provision is made no fine, no punishment shall be less then by the law is appointed, by no means, but as much greater, as your discretion shall think sit; and indeed in this improvement we find, Arbitrary Courts are very pregnant: if the Law require my good behaviour, this discretion makes me close Prisoner, if the Law sets me upon the Pillory, this discretion appoints me to leave my cares there. But this proceeding according to discretion is no new expression, 'twas in the first Commission I told your Lordships of in the 31. Hen. 8. that they should proceed secundum legem & consuetudinem Regni Angliae, vel aliter secundum sanos discretiones vestras, which in the interpretation of the Law, and that is the best interpretation, signifies the same thing, to proceed according to discretion, is to proceed according to Law, which is summa discretio, but not according to their private conceit or affection: For talis discretio (says the law) discretionem confundit: and such a confusion hath this discretion in these Instructions produced, as if discretion were only removed from rage and fury: no inconvenience, no mischief, no disgrace, that the malice, or insolence, or curiosity of these Commissioners had a mind to bring upon that people, but through the latitude and power of this discretion the poor people have felt, this discretion hath been the quickesand which hath swallowed up their property, their liberty: I beseech your Lordship's rescue them from this discretion. Besides, the charge that this Court is to his Majesty, which is near 1300. l. per annum, your Lordship's will easily guess, what an unsupportable burden the many officers (whose places are of great value) the Attorneys, Clarks, Registers, and above 1000 Solicitors that attend the Courts, must be to that people (insomuch) that in truth the Country seems to be divided into officers and dependants upon that Court: And the people upon whom these officers of that Court prey and commit rapines, as he said in Petronius, Omnes hic aut captantur, aut captant; aut cadavere quae laterentur, aut corni quae laterunt. Truly my Lords, these vexed worn-people of the North are not suitors to your Lordships, to regulate this Court, or to reform the judges of it, but for extirpating these Judges, and the utter abolishing this Court; they are of Cato's mind, who would not submit to Caesar for his life, saying, he would not be beholding to a Tyrant for injustice, for it was injustice in him to take upon him to save a man's life, over whom he had no power. So these Gentlemen desire not to be beholding to this Court hereafter for injustice. The very administration of injustice, founded upon such illegal principles being a grievance and oppression to the subject. First upon the whole matter the House of Commons is of opinion, that the Commission and Instructions whereby the Precedent and Council of the North exercise a Jurisdiction, is illegal, both in the creation and execution. Secondly, that it is improfitable to his Majesty, for besides so much, near thirteen hundred pound taken out of his Majesty's revenues every year, his Majesty loseth the great benefit would accrue to him upon writs and upon Fines, upon Outlaws, and other profits, which redound to his Majesty out of his Court here. And which I had almost forgot to tell your Lordships of, that his Majesty may be sure to have benefit from that Court notable care is taken, by the fiftty three Instructions, And if any money remains over and above all disbursements, it shall be bestowed in providing Householdstuff, and furniture for the house, where the Lord President and Council use to be. And lastly, that it is inconvenient and grievous to His Majesty's subjects of those parts. And therefore they are humble Suitors to your Lordships, and the house of Commons, on this behalf, that since this people do, and have, in all matters of duty and affection contend with the best of His Majesty's subjects, that they may not be distinguished from them in the manner of His Majesty's Justice and protection, since this Court originally instituted & continued by his Majesty, for the ease and benefit of his subjects, is apparently inverted to the burden and discomfort of them, that your Lordships will join with the House of Commons in beseeching His Majesty, that the present Commission may be revoked, and no more such granted for the future. A Speech of Master John White Counsellor, concerning Episcopacy. EPiscopacy as it stands in this kingdom, comprehends in it in linea recta, these four degrees, the Deacon, the Presbyter, the Bishop and the Archbishop, Every Archbishop wades through every of these ordinarily. Of the first and last we have no vestigium in the holy scriptures. This Deacon may Preach and Baptise & help the Presbyter to administer the Lords Supper, Book of ordering of Deacons. but may not consecrate the Elements in the Lord's Supper: contrary to the Scriptures, by which Preach and Baptise, is a full Commission for the exercise of all the ministerial function. Mat. 28.19. The Deacon mentioned in holy Scripture, is the same in Office with our Churchwarden, to look to the Church goods and the poor, Acts 6. 1 Tim. 3. The Presbyter is of all hands acknowledged to be, Jure Divino. The Bishop is considerable in respect of his train, and secondly, in respect of himself. His train are these, first the Dean and Chapter (called prebend's, quia praeherent auxilium Episcopo,) and were originally ordained for his Counsel to advise him in difficulties in Religion, and to advise him in, and consent unto his dispositions of his possessions, Cok. r. 3. Dean and Chapter of Norwiches' case. Secondly, the Archdeacon is the oculus Episcopi to discover and punish offences spiritual and Ecclesiastical within his limits, & manus Episcopi, to present unto him such as are to be made Deacons and Presbyters, and to induct such as he admits and institutes into Benefices. Thirdly, his Chancellors, Vicar's General, Commissaries, Officials, Surrogates, Registers, Promotors, and others belonging to his Cathedrals. These be all merely humane, and may be taken away without offence to God or conscience, if there appear just cause for it. The Bishop in respect of himself is considerable in his Barony and temporalties, and his spiritualties. The first, is merely Exgratia Regis, and in this kingdom began 4. of William the Conqueror: Case of tenors 35. a. And by virtue hereof, they have had place in the house of Peers in Parliament. 7. H. 8.1846. Kel. it is resolved by all the Judges of England, that the King may hold his Parliament by himself, his temporal Lords and Commons, without any Bishop, for a Bishop hath not any place in Parliament by reason of his spiritualties, but merely by reason of his Baronry, and accordingly acts of Parliament have been made, 2 Rich. 3. cap. 3. and at divers other times. They have usurped the name of Spiritual Lords but of late, and were first called so 16 Rich. 2. c. 1. in our Statutes. By his spiritualties, I mean those wherein he is more than a Presbyter, and therein I consider his authority over Presbyters by the Oath of Canonical Obedience, by which he may command them to collect tenths granted in Convocation, etc. 20 Hen. 6.13. p. 25. Secondly, his Office which is partly Judicial, and partly ministerial; Judicial, by which he is Judge in his Courts of all matters Ecclesiastical and spiritual within his Diocese, Cok. Rep. 8. Trollops. C. Secondly, he is Judge of the fitness of such as are presented unto him to be instituted into Benefices, Cok. rep.. 5. Specots. cap. Ministerial, and thereby he is to Sacred places Dedicate to Divine Service. 9 H. 6.17. pag. 8. Secondly, he is to provide for the officiating of Cures in the avoidance of Churches on neglect of the Patrons, presenting thereunto. Thirdly, he is to certify loyal Matrimony, general bastardy and excommunication. Fourthly, to execute Judgements given in quare impedit, upon the writ Ad admittendum Clericum, and other, etc. Fiftly, to attend upon trials of life, to report the sufficiency or insufficiency of such as demand Clergy. Sixtly, to ordain Deacons and Presbyters. All these I conceive to be Jure humano, given to these Bishops, and may upon cause be taken away from them. Ob. Bishops have been in the Primitive Church, and are Apostolical and from the beginning. Sol. To this I answer, first, that in the pure primitive times of the Church the History whereof is recorded in the Acts and Epistles of the Apostles, (in which the first and best patterns of Church government is expressed) there is no mention of other Bishops than the Presbyters, as appears. First, the holy Scriptures declare the duties and office of Presbyters and Bishops to be one & the same. The Bishop is to teach and rule his Church or Congregation 1 Tim. 3.2.5. and the Presbyter is to teach and feed his flock, and to oversee, care for, and rule them, 1 Pet. 5.2.3. Secondly, the Presbyters are in holy Scriptures, said to be the Bishops of the holy Ghost, Acts 20.28. Paul charges the Presbyters of Ephesus to take heed to the flock whereof the Holy Ghost had made them Bishops. And other Bishops the Holy Ghost never made. Thirdly, Ephesians 4.11. God is said to have given to his Church for the perfecting of the Saints, for the work of the Ministry, and for the edifying of the body of Christ, Apostles, Prophets, Evangelists, Pastors and Teachers; here is an express enumeration of the officers God hath given, whereof the first three are extraordinary and ceased: and the last only remains, and is to remain until we all come to perfection, as it is ver. 13. and this perpetual Officer is called Pastor, in relation to his flock whom he is to govern in Spiritualibus, and Teacher in respect of his duty to feed them with the word of truth, and is the very same with the Presbyter, as appears above. Argumentum à divisione est fortissimum. The Bishop as he is any more than a Presbyter, is none of these, no Officer given by God, and therefore ought not to be in the Church; Christ the King of his Church was faithful in his House, not only as a servant, as Moses was, but as the Son in an excellency and eminency, Heb. 3.5. and to his kingly Office it pertains to appoint the Officers he will use for the government of his Church in spiritualibus, and it agrees not with his faithfulness to neglect or omit the appointment of them, and leave his House, his Church, without such Officers. He is only wise, and therefore best knows what Officers are useful for his Church, and infinitely loving of his Church, and therefore hath not left her without any Officer fit for her. Ob. Titus in the end of Paul's Epistle unto him, is said to be the first Bishop of Crete, and Timothy in the end of the Epistles unto him, to be the first Bishop of Ephesus. Sol. Those additions are spurious, and no part of the holy Scriptures, Derk. upon Gal. 6. infine. For Tim. See 1 Cor. 4.17. & 16.10. Acts 17.13.15 & 19.22. & 20.4.5 1 Thes. 3.1.6. Heb. 13.25. Colos. 1.1. Phil. 1.1. & 2.19. For Titus See 2 Cor. 7.13 & 8.6.16.23, and 12.18. Gal 2.1. 2 Tim. 4.10. Tim. 1.5. and ●. 3.12. and as Beza observes, are not in many greek ancient copies to be found, and this is so evident as it is granted by most Divines. 2. And as they be no part of the Scriptures of God, so they be apparently contrary unto them, for by them it appears, that they, namely Titus & Timothy, were Evangelists, extraordinary officers, associates and fellow-helpers of the Apostles in their general and Universal function, attendant upon them, and sent by them (as occasion required) from one Church to another, never keeping any fixed residence any where, and if they had been Bishops of any place, Paul would never have suffered, much less forced them to be non-resident. Saint John Revel. 12.3. writing to the 7 Churches of Asia directs his speech to the Angel of each Church, Ob. 2. and in each of those Churches there were then several Congregations and Presbyters, therefore the Angel was the Bishop over them. To this I answer, that as Angel is a name common to all Presbyters who are Christ's Messengers and Ambassadors: So it appears to be used here by the very context cap. 2. v. 10. Where speaking to the Angel of the Church of Smyrna, the holy Ghost saith, Fear none of the things thou shalt suffer, the Devil shall cast some of you into prison, but be thou faithful, etc. Angel (being nomen multitudinis) is taken in these chapters collectively for all the Presbyters (some of whom the adversaries should imprison,) and not for any one above or before the rest. The same appears in the like manner, ver. 13.23. Seeing then the Episcopacy may be taken away in all, wherein it exceeds the Presbyters office, and that the office of the Presbyter is clearly jure divino; I conceive we are first to restore the Presbyter to his due, and to him it belongs to teach and feed his flock and to oversee, care for, and rule them in spiritualibus, Act. 20.17. 1 Tim. 3.2.5. 1. Pet. 5.2.3. So saith the holy Scripture. And so saith our Law also. He is to minister the Doctrine and the Sacraments, and the discipline of Christ, as the Lord hath commanded, and as this Realm hath received the same according to the commandments of God: See the book of Ordering of Priests in the 3. question, And he is called in our Law Rector Ecclesiae, and the words of his institution be, Te●octorem Ecclesiae instituimus curamque & regimen animarum parochianorum tibi●in Domino committimus. The Bishops have taken by usurpation from the Presbyter divers rights: first, contrary to his Ordination and institution, they will not suffer him to preach in his own Cure without a licence. Secondly, they restrain him from preaching some doctrines, as of predestination and others that overthrow Arminian tenets, when his faithfulness in his Office requires he should keep nothing back, This is read to the Presbyter upon his Ordination, and his charge then given him is remarkable See the book of ordering Priests. but to show them all the counsel of God, Acts 10.27. Thirdly, they will not suffer him to intermeddle in the discipline. These usurpations I conceive are to be taken away, and the Presbyter to be left free from them. Secondly, for the Episcopacy, I conceive, that first their Baronies and the intermeddling of the Clergy in Civil Counsels, affairs, and employments, aught to be taken from them. First, I conceive such Bar● and intermeddling is against the Law of God, Christ refused to intermeddle in dividing inheritances (though more able and fit for it then any Bishop) Luke 12.13. and saith his Kingdom is not of the world, John 18.36. and the Disciple is not above his Master, Mat. 10.24. and Acts 6. The Apostles refuse to intermeddle in the Deacon or Churchwardens office, though of all earthly employments the nearest to the Church; and the reason they give is remarkable for this purpose, because they were to attend to Prayer and Administration of the word, and therefore not meet for them to attend such secular matters, and 2 Tim. 2.4. The Apostles lays down a rule in this case, that nemo militans Deo se implicat negotiis hujus seculi, and upon this ground, even the Pope's Canon-laws are against these things, as inconsistent with the ministerial function. And the due execution of the commission, Go preach and baptise, is of itself burden and work enough for any man whatsoever his gifts and parts be, and made Paul though of a more excellent and able spirit, cry out under the sense of the weight of it, Who is sufficient for these things? 2 Cor. 2.16. Secondly, it is against the fundamental Laws of this Land, whereby they that are within holy Orders, Non est consonum quod ille qui salubri statui animarum & piis operibus continue deservit ad insistendum in secularibus neg●tiis compellatur, vide the writ. that they may the better attend upon, and discharge their duties, are not to be entangled with temporal business, and therefore if any such be chosen to any temporal office, the Law hath ordained a writ to discharge them thereof, Reg. 187.6. The King may command the service of men in orders, and then it is to be given him by natural allegiance. This rule admits two exceptions and both are in this case: first, except the service from that person be against the Law of God as here it is, and then it is better obey God then man, in praesentia majoris cessat potestas minoris. Secondly, if the service concern the Commonwealth, and the person of whom it is required, be not sufficient for it, nor brought up unto it, the command is against Law, and the service not to be done, if the King grant the Office of the Clerk of the Crown to one not brought up to it, it is void, and the service not to be intermeddled withal by him, 9 Ed. 4.56. Winter's case. Secondly, that part of the Bishop's spiritual office by which he claimeth superiority over Presbyters ought to be taken as I conceive from them as being against the will of God. The Apostles questioning among themselves which should be the Superior, are sharply reproved by our Saviour for it, and he tells them plainly it shall not be so among them, Mark 10.42. Luke 22.25. and Diotrophes, 3 Job. 9 is branded for it, that he sought prehominence in the Church. The mystery of iniquity in the Popish Hierarchy, in the Presbyters exalting themselves, began to work in the purest primitive times, (as we see in Diotrophes, and Peter's caviar, 1 Pet. 5.3.) and never left till it came to the Pope, 2 Thes. 2.4.7. the highest degree and top thereof; By which it seems to me evident, that to leave the pattern of Church government set down in the word of God to follow the examples of after ages upon a false cry of primitive times, is to forsake the pure fountain, and wallow in the muddy and corrupted streams of antichristian ambition. Thirdly, that part of the spiritual office of the Bishop whereby he is to instruct the people committed to his charge, with the holy Scriptures, as upon the 2 question put unto him at his Consecration, he undertakes to do, ought (as I conceive) to be reduced to a possibility for him to perform it. It is impossible for him to do it to a whole Diocese, therefore he should be limited to some particular Congregation, unto which he might perform this trust, which requires sufficiency, attendance and diligence. Fourthly, Ordination in the scriptures is ever expressed to be by them in the Church, that had authority and were officers in the Church, as Apostles, Evangelists and after by the Presbytery, 1 Tim. 4.14. 2 Tim. 1.6. And a shadow of this remains in our Law, Acts 14.23. Titus 1.5, 6, 7. for the Bishop only is not to lay hands upon the party to be ordained, but the Presbyters there attending are to join with the Bishop therein. Books of ordering Priests. This I conceive is not fit to be in the hands of any one ordinary officer in the Church, the discerning of the gifts, abilities and faithfulness of persons to be ordained Presbyters, requiring great judgement, care, and circumspection. Plus vident oculi quam oculus. The like I say of deprivation. Fiftly, Excommunication by the Scriptures ought to be only in case of enormous offences and obstinacy in them, and only in the Congregation whereof the party to be Excommunicate is a member, 1 Cor. 5.4. Tell the Church cannot be meant of one man, Mat. 18.17. Diotrophes is branded for taking upon him alone to cast any out of the Church. This also abused as well as usurped by the Bishop is to be reform. Sixtly, Institution and induction are usurped by the Bishops upon the fundamental Laws of this Kingdom, by which the Patron after his Clerk was ordained, did without any more invest him into the Church. See Selden of tithes 86. And a relic of this we retain still in Churches that be donatives. Seventhly, The jurisdiction of tithes, causes matrimonial, and causes testamentary in the times of the increasing power of the Pope, when the Bishops thereby grew more formidable, were taken from the Civil Magistrate to whom originally they belonged, upon pretence, that the tithes were Jure divino, the Church's patrimony and Marriage a Sacrament, and that the disposing the goods of the dead, most properly belonged to him for the good of the soul in Purgatory to redeem it thence, to whom the cure of the Soul appertained in his life time, vide 2 R. 3. Testaments 4.11 H. 7.12 B. Plowden 279. B. Foxes c. Cok. rep.. 9.37. B. Heustoes' case. Dames rep. 97. B. Lalors c. Selden of tithes, 415. Eighthly, The matters which are merely and only spiritual, (which are properly of Ecclesiastical cognizance) were anciently by the Lawyers of this Kingdom, heard and determined in the County and hundred Courts by the Sheriff and the Bishop, and by William the Conqueror these matters were taken thence and appropriated to the Bishop alone, 2 R. 2. Rotul. Parliament, num. 12. Selden of tithes 412. Book of Martyrs, 154. And by the Law of God (as I conceive) they ought to be heard & determined by them that have rule in the particular congregations and Churches, Mat. 18.17. 1 Cor. 5. which if it were so among us would be a wonderful ease, and save great charges to the subject. And where the difficulty of case or greatness of the persons whom it may concern, or where the Governors in particular Congregations demean not themselves as they ought, it ought to be referred to a Synod of Presbyters, so many as shall be thought meet, as Acts 15. a question of difficulty arising in the particular Church of Antioch, and the dissension growing great about the same, they sent to Jerusalem, and there the Apostles and Presbyters convened, debated, concluded, and decreed the matter, and imposed the observation thereof upon Antioch and other Churches, ver. 1.2.6.28. The Apostles would not meddle in the question without the Presbyters, and other Bishops there were none there, nor in the Churches. And faelicius expediuntur negotia commissa pluribus, in the multitude of Counsellors there is safety, Proverb. 11.14. And the change of our Laws (in case this House shall see cause for it) will not be so great or difficult as is conceived by some. For ordination, admonition, suspension and deprivation of Presbyters, and the judgement of the fitness of persons to be invested into Benefices Ecclesiastical, and the care of providing for the serving of Cures during the vacancy and avoidance of Churches, and taking of the subscription of Ministers to the Articles of Religion: 13 Eliz. cap. 12.14 Eliz. cap. 5. and the visiting of Hospitals, whose Founders have appointed no visitors, which are now in the Bishop, may be settled in a convention of Presbyters, to be appointed for every hundred, from whom appeal may be had upon every gravamen to a greater Assembly of them, and those Presbyters, or any one of them, may be enabled to give the Oaths of Supremacy and allegiance, where the Bishop is authorised to give the same. And Excommunication may be ordered to be certified by the Parson, 3 Eliz. c. 1.7. Jac. cap. 6. Vicar or Stipendiary of that Church where the party is excommunicate. And all Churches presentative, may be filled by investure of the Patrons, and all questions concerning them be determined by the same rules of law as Donatives are, And loyal Matrimony be tried by a Jury where the woman is party to the suit, as now it is where she is not party, so E. 3.15. P. 5.11. H. 4.4. B. 30. and as it is now, where the issue is Nient sa femme, 12. E. 3. Brief 481.50. E. 3.15. B. 7. H. 6.12. June 35. H. 6.9. P. 10. Coke 8. E. 4.12. a Laton: And Bastardy general & Bastardy beyond Sea, within the Stature, 25 E. 3. De natis ultra mare, may be made tryable by Jury, as now special Bastardy is 11 Ass. 20.38. ass. 24.39. E. 3.31.6. & 7. Ed. 6. Dier. 79. P. 52. So tithes may be reduced to the Common Law and be sued for there, as it was ever in the case of the King or his Debtor 38. ass. 20. Cok. r. 5.16. a Cawdreis' case, and as it is by the Statute of 2 and 3 E. 6. cap. 13. And for the Bishop's attendance on trials of life, it is needless, he being no Judge in it, but the Court, who may appoint any other, or do it themselves. And for Sacring of Churches and other dead things, it is fit to be neglected and left off, being a Popish vain superstition, and without colour of countenance from the word of God, the levitical consecrations being typical and shadows of the good things we enjoy under the Gospel, Heb. 9.19, etc. The Bishop being thus reform and reduced to a condition and state agreeable to the word of God, the only right rule of reformation: The Deans, Chapters, Vicar's General, Chancellors, 25 Exod. 9 40. 1 Chron. 28.11.19. Ezek. 4.10. 2 Cor. 4 6. and the rest of his Train, qua tales (being tellaris inutile pondus) are to be removed and taken away also as superfluous and useless. We have entrusted the Episcopacy these fourscore and two years with the cure of Souls, a trust of the highest concernment, if we consider the price of Souls. Our Saviour is at a stand in it, What shall a man give in recompense for his Soul? Mat. 16.26. the price of it is best seen in the price given for it, God and man must become a curse to redeem it. How have they discharged this trust? Survey the Churches throughout the Kingdom, and you shall find near eight parts of ten of them filled with Idol, idle, or scandalous Ministers, whom the Bishops might have by law refused, if discovered unto them beforehand, and aught to have removed being discovered unto them afterwards. And it hath abundantly appeared this Parliament upon examinations taken in this House of Commons and the Committees thereof; that when Ministers extremely scandalous, have been discovered to the Bishops and their Officers, and in the High-commission Court, they have received no further censure than admonition, or to be put to purgation, and so sent home to destroy more Souls, as if they had not done sufficiently in that way before. But if any godly, learned, and painful Preacher hath been discovered by them, they have sought out all occasions against such, to thrust them out of the Church, and lay their Congregations waste and desolate, and every trifle, though indifferent in their own account, hath been made use of, and sufficed them for this, yea, they have made occasions and traps to overthrow such worthies without Law and against Law. And herein they have inherited the virtues of Diotrephes their first Predecessor, who would not receive the brethren, and forbade them that would, and cast both out of the Church, 3 John 10. And though some of the Bishops have been and are good men, yet look into their Diocese, and the Churches in their gift, and judge whether they be good Bishops or no, you shall finde them as faulty concerning this great trust as any of the rest. And whether it be not from hence evident, or at least greatly to be suspected, that some curse cleaves to the very Office of Bishops, when good men cannot manage it to any better purpose than the bad, let any man judge. This Spiritual Monarchy hath two incidents inseparable unto it, first that it is always encroaching and usurping upon other powers, and swallowing them up, as the series of all ages abundantly manifests. Secondly, that it is ever inclining and returning to Popery, and the Religion of Antichirst, as hath most clearly appeared, even in our days as well as before since the restoring of Religion; I shall for this time instance only in three places of the Rubric corrupted by Bishops: In the Rubric confirmed by act of Parliament, in the beginning of it, It is directed, that prayer shall be in such place of the Church or Chancel, and the Minister shall so turn him, as the people may best hear. In the Rubric as it is now Printed, prayer shall be used in the accustomed place, etc. 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 Chancel at their Altar, where few in the Church can see them, and fewer hear 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 Litany, 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 Rubric 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 abominable Idolatries, are wholly obliterate and left out, that the use of that gesture there might be rendered 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 appears unto me by the Proclamation they procured to be set forth 5. Martii, 1. Jac. concerning the book of Common prayer. And how can things prosper better in the hands of the Episcopacy, when God's blessing alone giveth out prosperity, and the Lord disposeth his blessing in his own 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 yield us any better fruits than we have received from it? Again, (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 Commonwealth, have not sprung from the said Episcopacy and the fruits 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 walk in it in God's 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. iI● 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 go before us, and make plain all mountains that may occur in our way, and give a blessed issue and success. To the honourable Houses of Parliament now assembled. The humble Petition of many of the Inhabitants within his Majesty's County of Kent: Most humbly showing, THat by sad experience we do daily find 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 inferior Officers, to be very dangerous both to Church and Commonwealth, to be the occasions of manifold Grievances unto his Majesty's Subjects, in their Consciences, Liberties, and Estates, and likely to be fatal unto us in the continuance thereof, the dangerous effects of which Lordly power in them have often appeared in these particulars following. 1 They do (with a hard hand) overrule all other Ministers, subjecting them to their cruel Authority. 2 They do suspend and deprive many godly, Religious and painful Ministers, upon sleight, and upon no grounds, whilst in the mean time few of them preach the Word of God themselves, and that but seldom, but they do restrain the painful preaching of others, both for Lectures, and for afternoon Sermons on the Sabbath day. 3 They do countenance, and have of late encouraged Papist Priests, and Arminian books and persons. 4 They hinder good and godly books, yet they do licence to be published many Popish and Arminian and other dangerous Books and Tenants. 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 several parts of the Divine Service, Bowing at the Altar, which they term the place of God's 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 rail before the Altar. 8 They have made and confirmed new illegal Canons and Constitutions, and framed a most pernicious and desperate Oath, an Oath of covenant and confederacy for their own hierarchical greatness, besides many other very dangerous and pernicious passages in the said Canons. 9 They do dispense with pluralities of Benefices, they do both prohibit and grant Marriages, neither of them by the rule of Law or Conscience, but do 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 Holidays, and do punish, suspend and deprive godly Ministers, for not publishing that book for liberty of sports on the Sabbath day. 11 They do generally abuse the great Ordinance of Excommunication, making a great gain of it, sometimes, to the great discomfort of many poor souls, who for want of money can get no absolution. 12 They claim their Office and Jurisdiction to be jure divino, and do exercise the same contrary to Law in their own names, and under their own Seals. 13 They receive and take upon them temporal Honours, Dignities, Places, and Offices in the Common wealth, as if it were lawful for them to use both swords. 14 They cognizance in their Courts and elsewhere of matters determinable at the Common Law. 15 They put Ministers upon Parishes without the Patrons and without the people's consent. 16 They do yearly impose Oaths upon Churchwardens, to the most apparent danger of filling the land with perjuries. 17 They do exercise Oaths Ex Officio in the Nature of an inquisition even unto the thoughts of men's. 18 They have apprehended men by Pursuivants without ciration or missives first sent, they break up men's houses and studies, taking away what they please. 19 They do awe the Judges of the Land with their greatness to the inhibiting of prohibition, and hindering of Habeas Corpus when it is due. 20 They are strongly suspected to be confederated with the Roman party in this Land, and with them to be Authors, Contrivers, or Consenters to the present Commotions in the North, and the rather because of a Contribution by the Clergy and by the Papists in the last year 1639. and because of an ill-named benevolence of six Subfidies, granted or intended to be granted this year 1640. thereby and with these moneys to engage (as much as in them lay) the two Nations into blood. It is therefore our humble and earnest prayer, that all this hierarchical power may be totally abrogated, if the wisdom of this Honourable House shall find that it cannot be maintained by God's word and to his glory. And your Petitioners shall ever pray, etc. The Petition of the Citizens of London to both house of Parliament, wherein is a Demonstration of their grievances, together with their desires for Justice to be excuted upon the Earl of Strafford, and other DELINQUENTS. To the most Honourable Assembly of the Lords and Commons in this present Parliament. The humble Petition of divers Citizens of London Showeth, that notwithstanding his Majesty's gracious Answer to the humble Petition of his Loyal Subjects in summoning this Parliament, with the great care, and endeavoured pains, taken by both Houses for the removing the heavy Grievances in Church and Commonwealth, whereof the Petitioners have already received some fruit; for which they desire to return their most humble and utmost thanks, yet nevertheless, they are enforced with all Humility to represent to this most Honourable assemblly, some of these Obstructions which do still hinder that freedom and fullness of Trade in this City they have formerly had, & which considering the numerous Multitude thereupon depending, they conceive it not able comfortably to subsist. As the unsettled Condition of the Kingdom, even since the troubles in Scotland hath caused both strangers, and also of our own, who did furnish great sums of money to Use to call it in, and remit much of it by Exchange unto Foreign pars, and stands now in Expectation of what the issue of things may be. The stopping money in the Mint, which till then was accounted the safest place, and surest staple in these parts in the world, still doth hinder the importation of Bullion, the Scots now disabled to pay such debts as they own to the Petitioners and others in the City, and by reason of the oppressions exercised in Ireland, their debts also are detained there. The English Trade by reason of our general distractions and fears is so much decayed, that Country tradesmen can not pay their debts in London as formerly. The great sums of money unduly taken by his Majesty's Officers and Farmers, for impositions upon Merchandise exported and imported, and the want of relief in Courts of Justice against them. The drawing out from the City great sums of money (which is the life and spirit of Trade) for his Majesty's service in the North, and being there employed is not yet returned. Besides all which from what strong and secret opposition the Petitioners know not, they have not received what so much time and pains might give and cause to hope, but still incendiaries of the Kingdoms and other notorious offenders remain unpunished, the affairs of the Church notwithstanding many Petitions concerning it and long debate about it remains unsettled, the Papists still armed, the Laws against them not executed, some of the most active of them still at Court, Priests and Jesnits not yet banished, the Irish Popish army not yet disbanded, Courts of Justice not yet reform, and the Earl of Strafford who as now appears hath counselled the plundering of this City, and putting it to fine & ransom, and said it would never be well till some of the Aldermen were banged up, because they would not yield to illegal levies of moneys, hath so drawn out and spent his time in his business to the very great charge of the whole Kingdom, and his endeavour to obtain yet more; all which makes us fear there may be practices now in hand to hinder the birth of your great endeavours, and that we lie under some more dangerous plot than we can discover. All which premises with their fears and distractions growing therefrom, and from things of the like nature, the Petitioners humbly offer to the most grave consideration of this most honourable assembly, as being the true causes of decay of Trade, discouragement of Tradesmen, and of the great scarcity of moneys, with the consequences they labour under. And do humbly pray that their said grievances may be redressed, the causes of their fears removed, Justice executed upon the said Earl and other incendiaries and offenders, the rather in regard till then, the Petitioners humbly conceive neither Religion nor their lives, liberties or estates can besecured. And as in duty bound they shall ever pray, etc. Subscribed to this Petition 20000. all men of good rank and quality. Sir John Wrayes Speech concerning Bishops. 1641. THE first challenge for Lordly Primacy hath of old been grounded out of the great Charter, by which they hold an Episcopal Primacy or Jurisdiction to be long to their state of Prelacy: this is their temporal soundation and main object. Here I demand of them, unto what Church this great Charter was granted, and whether it were not granted unto the Church of GOD in England? Let the words of the Magna Charta decide this, which are these; Concessimus Deo pro●nobis in perpetuum, quod Ecclesia Anglicana libera sit, habeat omnia Jura sua iutegra & libertates suas illaesas. Now by this Charter, if it be rightly interpreted, there is first provision made that honour and worship be yielded unto God, as truly and indeed belong unto him. Secondly, that not only such Rights and Liberties as the King and his Progenitors, but also that such as God had endowed the Church of England with, which God himself hath given by his Law unto the universal Church, and in that which the Kings of England by their Charter have bequeathed to the particular Church of England; and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himself against the Pope's Supremacy, usurped at that time over the Church of England; for, saith the King, we will with hazard of life and loss of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God. The Church of God then in England not being free, according to the great Charter, but in bondage and servitude to the See of Rome, contrary to the Law of God, the King judged it to stand highly with honour, and his Oath to reform, redress, and amend the abuses of the same See. If then it might please our gracious Sovereign Lord King Charles, that now is, in Imitation of that his noble Progenitor to vouchsafe an abolishment of all Lordly Primacy executed by Archepiscopall and Episcopal authority over the Ministers of Christ, his Highness in so doing could not more rightly be charged with the violation of the great Charter, then might King Henry the eight, with the banishment of the Popish Supremacy, or then our late Sovereign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the Establishment of the Gospel. Now if the Kings of England by reason of their Oath were so straight tied to the words of the great Charter, that they might not in any sort have disannulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church, that then was supposed to be the Church of God in England, then be like King Henry 8. might be attainted to have gone against the great Charter and against his Oath, when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots & Pryers, for by express words of the great Charter, Abbots and Pryers had as large and ample a Patent for their Rights and Liberties, as our Archbishops and Bishops can at this day challenge for their Primacy. If then the Rights and Liberties of the one, as being against the Law of God, be duly and lawfully taken away, notwithstanding any matter, clause or sentence contained in the great Charter, the other having but little reason by colour of the great Charter to stand upon their pantofles, and to contend for their painted sheaves, for this is a Rule and Maxim in God's laws; that In omni Juramento semper excipitur authoritas majoris. Unless then they be able to justify by the holy scriptures, that such Rights and Liberties, as they pretend for their spiritual Primacy over the Ministers of Christ, be in Deed and Truth inferred unto them by the holy law of God, I suppose the King's Highness (as successor to Hen. 8. and as most just inheritor of the Crown of England) by the words of the great Charter, and by his Oath, is bound utterly to abolish all Lordly Primacy, as hitherto upheld and defended, partly by ignorance and partly by an unreasonable and evil Custom. My Lord DIGBIES Speech in Parliament, 1640. Master Speaker, THis happy meeting, is to bemoan and redress the unhappy State of this Commonwealth. Let me have I beseech you your leave, to give you in a word, a short view of our griefs, then see whence they flow. Our Laws, our liberties, our lives, and which is the life of all, our Religion; all which have been by the endeavours of so many Ages secured, and made so much our own, can scarce be called ours. Our Laws, the only finews and ligeaments of our estates, which should run in an even stream, are now made to disdain their banks, and to overflow and drown their fields, which they should gently redress our liberties, the very spirit and essence of our weal, which should differ us from slaves, and speak us Englishmen; are held away by them, that even whiles they take them from us, cannot but confess they are our proper deuce. Are not our lives in danger, when an enemy disguised like a friend provoked, is as it were suffered (because indirectly, and in vain resisted) to come almost into our bosoms, to rifle some of their goods, others of their loyalty; which perhaps they could not, neither would have touched, might we with united force have resisted. And lastly, which is the soul of all our grievances; our Religion, which should have been our Cordial in all our distempers; like a forced Virgin laments ever, that her pure innocence is taken from her; and sure all these effects must have their causes. That we have just, and wise Laws, we may thank those good Kings that made them; the settled exposition of just circumscribed Laws to bind and defend the Subject. That they are so well framed and usefud, and to contain enough to make a good King and people, be perfect, be safe, and happy. What do we owe to these grave Councillors▪ who sat here before us, and that they outlive the malice of some unbounded spirits; we are beholding to them that Reprieved them from ruin, with their lives and fortunes; we call them ours, because we are freely born to them, as to the Air we breath in; we claim them and should possess them under the Protection of our gracious King, who is their great Patron, and disposes them not inconsiderately, but by the advice of those learned expositors of the Laws (the Judges) and those whom he trusts to be his great and faithful Councillors. If those pervert the ground and meaning of the Law, and contract ●he power of it, or make it speak louder or softer, as they themselves are tuned for it; the blame should deservedly fall on those mistrusted ministers, who are the base betrayers of his Majesty's honour, and his People's right; to vindicate which necessity, hath here assembled you. Mr. Speaker, Is not this offence and m lice, as great, who should undermine my Tenor, and surruptiously deprive me of my evidence by which I held my Inheritance, as he who by violence should wrest it from me. The Scots we have heard branded as Traitors, because they have contrary to the law of Nations, and their loyalty, invaded our Kingdom in Arms; what other title have they merited, who have invaded our Laws and liberties, the precious evidence by which we should freely enjoy our selves, and our estates. The first, we may resist and drive forth by united force, and it will be called piety to the King and Country; if force be laid against the other, it will be styled Rebellion. What now remains, but that we should use the Law; which because it hath been inverted and turned against us, contrary to its own natural and plain disposition, should now right us and itself against our Adversaries. Surely the Law is not so weak and improvident, to take care for others, and never provide for its own defence against those (be they Peers, or people) that have abused it. If we examine the Law well, it will tell us what hath been the reward of such ambitious men, as have Monopolised and abused the King's Authority; what have been the punishment of such as have betrayed the well meaning Subject to the King's displeasure, and his Prince's Council to his enemies? what do they deserve, who have raised mountains of Monopolies, heaps of impositions, oceans of grievances? what have been the punishment of such as have belied Justice, and their conscience, and have made truth and honesty our of fashion. And lastly, If no penalty be found for these, sure there is some for such as have so disguised Religion in fantastic dresses, that Heaven andearth cannot be but angry to see it; and in their politic pride have been so long moulding a new State, and a new old Church for their own advantage, till they have by their too much order put all out of frame, and made us objects of pity, and themselves of hate. What if for these innovations, we innovate an exemplary punishment? These are the groundworks of our miseries; and surely, Mr. Speaker, there are too many of all these sorts, which like envious clouds, hinders us from ●he gracious shine our Sun intends us; therefore for his great r lustre, and our more assured comfort, let us endeavour to remove these interposers, that he may more freely see into his people's bosoms, and read in their hearts firm characters of loyalty and glad obedience, which the practices of these later times have endeavoured to obliterate, but in vain. I shall not dare to borrow one minute of you more; but I shall already end, though I have just now begun. If we consider the just extent of our grievances, the deep search of which wound I leave to you better abilities; and I beseech you think not that I sigh out these complaints, undertaking to instruct the grave Council of this great Assembly, my infant advice presumes not to reach so high: It is but to let you see how much the slightest parts of this abused Commonwealth, is not only made sensible of our wrongs, but what we feel is fare exceeded by the numberless number of our just fears, which should have before this time utterly distracted us, had not our great Physician now at length applied his sovereign remedy, to keep up our fainting hopes, by which we must either stand, or fall. Master Pyms Speech in PARLIAMENT. 1640. THe distempers of this Kingdom are well known, they need not repetition. For though we have good Laws, yet they want their execution; or if they are executed, it is in a wrong sense. I shall endeavour to apply a remedy to the breaches that are made, and to that end, I shall discover first the quality of the disease. First, There is a design to alter Law and Religion: the parties that effect this, are Papists, who are obliged by a maxim in their doctrine, that they are not only bound to maintain their Religion, but also to extirpate all others. The second is their Hierarchy which cannot amount to the height they aim at, without a breach of our Law. To which their Religion necessarily joins, that if the one stands, the other must fall. Thirdly, Agents and Pensioners to foreign States, who see we cannot comply to them, if we maintain our Religion established, which is contrary to theirs, here they intent chief the Spanish white gold works which are of most effect. Fourthly, Favourites, such as for promotion prise not conscience, and such are our Judges spiritual, and temporal; such are also some of our Councillors of State. All these, though severed, yet in their contrivements they aim at one end, and to this they walk on four feet. First, discountenancing of Preachers, and virtuous men, they persecute under the law of purity. Secondly, Countenancing of Preachers of contrary dispositions. Thirdly, The negotiating with the faction of Rome by Preaching, and to instructions to Preach of the absolute Monarchy of Kings. Here follow several Heads. First, The political interpretation of the Law to serve their turns, and thus to impose taxes with a colour of Law; a Judge said it when a babe is corpus was paid for. Secondly, By keeping the King in continual want, that he may seek to their counsels for r lief; to this purpose, to keep the Parliaments in distaste, that their counsels may be taken. The King by them is brought to this, as a woman that used herself to poison could not live with good meat. Search the Chronicles, and we see no King that ever used Parliaments, was brought to this want. Thirdly, Arbitrary proceed in Courts of Justice; we have all Law left to the conscience of a single man. All Courts are now Courts of conscience, without conscience. Fourthly, Plotters to enforce a war between Scotland, and us; that when we had well wearied one another, we might be both brought to what scorn they pleased; The pertition wall is only unity. Fiftly, The sudden dissolving of Parliaments, and punishing of Parliament men, all to affright us from speaking what we think. One was committed for not delivering up the Petitions of the House; then a declaration which slandered our Proceed, as full of lies, as leaves, who would have the first ground to be our example. And Papists are under appearance to the King his best Subjects, for they contibute money to the War, which the Protestants will not do. Sixthly, Another is Military, by getting places of importance into the Papists hands, as who are Commanders in the last Army but they? none more strong in Arms, than they, to whom their Armour is delivered contrary to the Statute. Their endeavour is to bring in strangers to be Billeted upon us; we have had no account of the Spanish Navy, and now our fear is from Ireland. Lastly, The next is Papistical that proceeds of Agents here in London, by whose desires many Monasteries and Nunneries here in London were erected. Sir Thomas Baringtons Speech in Parliament, 1640. My Lords, WE have of late entered into consideration of the Petition of Right, and the relation of it; and upon good reason, for it concerns our goods, liberties and lives. But there is a Right of higher nature, that preserved for us fare greater things, eternal life, our souls, yea, our God himself; a Religion derived to us from the King of Kings, conferred to us by the Kings of this Kingdom, enacted by Laws in this place, treading down to us in the blood of the Martyes, and witnessed from Heaven by miracles, even miraculous deliverances. And this Right in the name of this Nation, I this day require, and claim, that there may be a deep and serious consideration of the relations of it. I desire first, that it may be considered what new paintings are laid on the old face of the Whore of Babylon, to make the more lovely, and to draw so many Suitors to her. I desire that it may be considered, how the Sea of Rome doth eat into our Religion, and fret into he banks and walls of it, the Laws and Statutes of this Realm, especially since these Laws have been made in a manner by themselves, even by their own Treasons and bloody designs; and since that Popery is a consused mass of errors, casting down Kings before Popes, the Precepts of God, before the tradition of men, living, and reasonable men, before dead and senseless stocks and stones. I desire that we consider the increase of Arminianism and errors, that makes the grace of God to lackey it after the will of man, that makes the Sheep keep the Shepherd, and make an immortal seed, of a mortal God. Yea, I desire that we look into the very belly and bowels of this Trojan horse, to see if there be not in it men ready to open the gates of Romish tyranny, and Spanish Monarchy, for an Arminian is the spawn of a Papist; and if their come the warmth of favour upon him, you shall have him turn into one of those frogs that arise out of the bottomless pit; and if you mark it well, you shall see an Arminian reach out his hand to a Papist, to a Jesuit, a Jesuit gives one hand to the Pope, another to the King of Spain; and therein having kindled a fire in our neighbour's Country, now they have brought some of it hither, to set on flame this kingdom also. Let us further search and consider, whether these be not the men that break in upon the goods and liberties of this Commonwealth, for by these means they may make way for the taking away of Religion. It was an old trick of the Devils, 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 think hereby to set a distance between Prince and people, or to find some other way of supply to avoid or break Parliaments, that so they may break in upon our Religion, and bring in their errors: but let us do 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 honour 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 Commonwealth is dead, the body cannot long over live it. If a man meet a Dog alone, the Dog is fearful, but though never so fierce by nature; if that Dog have his Master by him, he will set upon that man from whom he fled before. This shows, the lower natures being backed with the higher, increase in courage and strength; and certainly, man being backed with omnipotence, is a kind 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 prosperity in the Kingdom and Nation to this Covenant. Let every one of us say, Amen. The Accusation and Impeachment of Sir George Ratcliff 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 Earl of Strafford to bring into Ireland an Arbitrary Government, and to subvert the fundementall Laws, and did join with the Earl to bring in an Army from Ireland, to subdue the Subjects of England. Secondly, That he hath joined with the Earl to use Regal power, and to deprive the Subjects of their liberties, and properties. Thirdly, That he hath joined with the Earl 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 Traitorously confederated with the Earl to countenance Papists, and build Monasteries, to alienate the affections of the Irish Subjects from the subjection of England. Fiftly, That he had Traitorously confederated with the Earl, to draw the Subjects of Scotland from the King. Sixthly, That to preserve himself and the said Earl, he had laboured to subvert the liberties and privileges of Parliament in Ireland. The Charge of the Scottish Commissioners against the Prelate of CANTERBURY. NOvations in Religion, which are universally acknowledged to be the main cause of commotions in Kingdoms and States, and are known 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 form established in our Kirk. 2. A new book of Canons and Constitutions Ecclesiastical. 3. A Liturgy, or book of Common-prayer, which did also carry with them many dangerous errors in matters of Doctrine. Of all which we challenge the Prelate of Canterbury, 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 years, to one of our pretended Bishops, Bannatine, wherein he often enjoineth him, and other pretended Bishops, to appear in the Chapel in their whites, contrary to the custom 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 wear 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 Chapel twice a day, for his neglect showing him, that he was disappointed of the Bishopric of Edinburgh, promising him upon the greater care of these Novations, advancement to a better Bishopric, taxing him for his boldness 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 Counsellors and Senators of the College of Justice, who did not communicate in the Chapel, in a form 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 Chapel: and wherein he upbraided him bitterly, that in his first Synod at Aberdein, he had only disputed against our custom of Scotland, of fasting sometimes on the Lord's day, and presumptuously censuring our Kirk, that in this we were opposite to Christianity itself, and that amongst us there were no Canons at all: More of this stuff 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, coming to this Prelate for ordering the affairs of the Kirk, and Kingdom of Scotland; as not only to obtain warrants, to order the Exchequer, the Privy Counsel, the great Commission of Surrenders, the matter of Balmerino's process, as might please our Prelates; but warrants also for sitting of the High-Commission Court once a week in Edinburgh, and to gain from the Noblemen, for the benefit of Prelates, and their adherents, the Abbacies of Kelso, Arbroith, St. Androis, and Lindors, and in the smallest matters to receive his commands, as for taking down Galleries and stonewalls in the Kirk of Edinburgh, and St. Androis, for no other end but to make way for Altars, and adoration towards the East; which beside other evils, made no small noise and disturbance amongst the people, deprived hereby of their ordinary accommodation for public worship. The second Novation which troubled our peace, was a book of Canons, and Constitutions Ecclesiastical, obtruded upon our Kirk, found by our general Assembly, to be devised for establishing a tyrannical power in the persons of our Prelates, over the worship of God, over the consciences, liberties, and goods of the people; and for abolishing the whole Discipline and government of our Kirk, by general and provincial Assemblies, Presbyteries, and Kirk-Sessions which was settled by Law, and in continual practice since the time of Reformation; that Canterbury was Master of this work is manifest. By a book of Canons sent to him, written upon the one side only, with the other side blank, for corrections, additions, and putting all in better order at his pleasure; which accordingly was done, as may appear by interlinings, marginals, and filling up of the blank page, with directions sent to the Prelates; and that it was done by no other than Canterbury, is evident by his Magisteriall way of the prescribing, and by a new copy of these Canons, all written with St. Androis own hand, precisely to a letter, according to the former castigations sent back for procuring the Kings warrant unto it, which accordingly was obtained; but with an addition of some other Canons, and a paper of some other corrections. According to which, the book of Canons thus composed, was published in Print, the inspection of the books, instructions, and his letters of joy for the success of the work, and of others letters of the Prelate of London, and the Lord Sterling, to the same purpose; all which we are ready to exhibit, will put the matter out of all debate. Besides this general, there be some things more special worthy to be adverted unto, for discovering his spirit. 1. The fourth Canon of Cap. 8. for as much as no reformation in Doctrine or Discipline can be made perfect at once in any Church; therefore it shall, and may be lawful for't the Church of Scotland at any time to make remonstrance to his M. or his successors, etc. Because this Canon holdeth the door open to more innovations: He writeth to the Prelate of Rosse his privy agent in all this work of his great gladness, that this Canon did stand bebinde the curtain, and his great desire that this Canon may be printed fully, as one that was to be most useful. Secondly, the title prefixed to these Canons by our Prelates. Canons agreed upon to be proponed to the several Synods of the Kirk of Scotland; is thus changed by Canterbury; Canons and constitutions Ecclesiastical, etc. Ordained to be observed by the Clergy. He will not have Canons to come from the authority of Synods, but from the power of Prelates, or from the King's Prerogative. Thirdly, the formidable Canon, Cap. 1.3. threatening no less than excommunication against all such persons whosoever shall open their mouths against any of these books, proceeded not from our Prelates, nor is to be found in the copy sent from them, but is a thunder bolt forged in Canterbury's own fire. 4. Our Prelates in divers places witness their dislike of Papists. A Minister shall be deposed if he be found negligent to convert Papists. Cap. 18.15. The adoration of the bread is a superstition to be condemned. Cap. 6.6. They call the absolute necessity of Baptism, an error of Popery. Cap. 6.2. But in Canterbury's Edition, the name of Papists and Popery is not so much as mentioned. 5. Our Prelates have not the boldness to trouble us in their Canons, with Altars, Fonts, chancels, reading of a long Liturgy before Sermon, etc. But Canterbury is punctual, and peremptory in all these. Although the words of the tenth Canon cap. 3. be fair, yet the wicked intentions of Canterbury, and Rosse, may be seen in the point of justification of a sinner before God, by comparing the Canon as it came from our Prelates, and as it was returned from Canterbury, and printed, our Prelates say thus: It is manifest that the superstition of former Ages, hath turned into a great profaneness, and that people are grown cold for the most part in doing any good, thinking there is no place to good works, because they are excluded from justification. Therefore shall all Ministers, as their Text giveth occasion, urge the necessity of good works, as they would be saved, and remember that they are via regni, the way to the Kingdom of Heaven, though not causa regnandi, howbeit they be not the cause of salvation. Here Rosse giveth his judgement, That he would have this Canon, simply commanding good works to be preached, and no mention made what place they have, or have not in justification. Upon this motion, so agreeable to Canterbury's mind, the Canon is set down as it standeth without the distinction of via regni, or causa regnandi, or any word sounding that way, urging only the necessity of good works. 7. By comparing Can. 9 cap. 18. as it was sent in writing from our Prelates, and as it is printed at Canterbury's command, may be also manifest, that he went about to establish auricular confession, and Popish absolution. 8. Our Prelates were not acquainted with Canons, for afflicting of arbitrary penalties: But in Canterbury's book, wheresoever there is no penalty expressly set down, it is provided that it shall be arbitrary, as the Ordinary shall think fittest. By these and many other the like, it is apparent, what tyrannical power he went about to establish in the hands of our Prelates, over the worship, and the souls and goods of men, overturning from the foundation, the whole order of our Kirk, what seeds of Popery he did sow in our Kirk, and how large an entry he did make for the grossest Novations afterward, which hath been a main cause of all their combustion. The third and great Novation was the book of Common Prayer, administration of the Sacraments, and other parts of divine Service, brought in without warrant from our Kirk to be universally received, as the only form of divine Service, under al● highest pains both civil and Ecclesiastical, which is found by our Nationall Assembly; besides the Popish frame and forms in divine worship, to contain many Popish errors, and ceremonies, and the seeds of manifold and gross superstitions and idolatries, and to be repugnant to the Doctrine, Discipline, and order of our Reformation, to the confession of faith, constitutions of general Assemblies, and Acts of Parliament, establishing the true Religion: that this also was Canterbury's work, we make manifest. By the memoirs, and instructions sent unto him from our Prelates, wherein they gave a special account of the diligence they had used, to do all which herein they were enjoined, by the approbation of the Service book sent to them; and of all the marginal corrections, wherein it varieth from the English book, showing their desire to have some few things changed in it, which notwithstanding was not granted: This we find written by Saint Androis own hand, and subscribed by him, and nine other of our Prelates. By Canterbury's own letters, witnesses of his joy, when the book was ready for the Press, of his prayers that God would speed the work, 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 book. Of his approbation of his proofs sent from the Press. Of his fear of delay, in bringing the work 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 Press, to go on in this piece of service without fear of enemies. All which may be seen in the Autographs, and by letters sent from the Prelate of London to Rosse, wherein as he rejoiceth 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 showeth, that Rosse had sent to him, to have an explanation from Canterbury of some passage of the Service book, and that the Press 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 Canterbury's own conveyance. But the book itself as it standeth interlined, margined, and patched up, is much more than all that is expressed in his letters, and the changes and supplements themselves taken from the Mass-book, and other Romish rituals, by which he maketh it to vary from the Book 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 book, from the book 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 King's knowledge, and against his purpose. Our Scottish Prelates do petition that something may be abated of the English ceremonies, as the Cross in Baptism, 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 fuel to the fire. To express and discover all, would require a whole book, we shall only touch some few in the matter of the Communion. This book inverteth the ardour 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 joining the spiritual 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 memorial 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 spiritual 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 decency use both hands; yet being tried; it importeth much, as that he must stand with his hinder parts to the people, representing (saith Durand) that which the Lord said 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 Cross, 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 Rubric of the general Confession, a little before, are directed to kneel humbly on their knees, that the Priest's elevation so magnified in the Mass, and the people's adoration may go together; That in this posture, speaking with a low voice, and muttering (for sometimes he is commanded to speak with a loud voice, and distinctly) he be not heard by the people; which is no less 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 book 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 Cassander's own judgement, a man of great moderation in matters of this kind) that he calleth them, Nunquam satis execrandos Miss gestus, and would have them to be abhorred, because they confirm to the simple and superstitious ter impiam & exitialem Misse fiduciam. The corporal presence of Christ's 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 goodness he may vouchsafe so to bless and sanctify with his Word and Spirit, these gifts of bread and wine, that they may be unto us the body and blood of Christ. The change here is made the work of God's omnipotency: the words of the Mass, ut fiant nobis, are translated in King Edward's book, That they may be unto us, which are again turned into Latin by Alesius, ut fiant nohis. On the other part, the expressions of the book of England at the delivery of the Elements of feeding on Christ by faith, and of eating and drinking in remembrance that Christ died for thee, are utterly deleated. Many evidences there be in this part of the Communion, of the bodily presence of Christ, very agreeable to the doctrines taught by his Secretaries, which this paper cannot contain. They teach us that Christ is received in the Sacrament, Corporaliter, both objective and subjective. Corpus Christi est objectum quod recipitur, & corpus nostrum subjectum quo recipitur. The book of England abolisheth all that may import the oblation of any unbloudy Sacrifice; but here we have besides the preparatory oblation of the Elements, which is neither to be found in the book of England now, nor in King Edward's book of old, the oblation of the body and blood of Christ, which Bellarmine calleth, Sacrificium Laudis, quia Deus per illud magnopore laudatur. This also agreeth well with their late Doctrine. We are ready when it shall be judged convenient, and we shall be desired, to discover much more matters of this kind, as grounds laid for missa sicca, or the half mass, the private mass without the people, of communicating in one kind. Of the consumption by the Priest, and consummation of the Sacrifice, of receiving the Sacrament in the mouth, and not in the hand, etc. Our Supplications were many against these books, but Canterbury procured them to be answered with terrible Proclamations. We were constrained to use the remedy of Protestation; but for our protestations, and other lawful means which we used for our deliverance, Canterbury procured us to be declared Rebels and Traitors in all the Parish Kirks of England, when we were seeking to posse●●e our Religion in peace, against these devices and Novations, Canterbury kindled war against us. In all these it is known that he was, though not the sole, yet the principal Agent and Adviser. When by the pacification at Barwick, both Kingdoms looked for peace and quietness, he spared not openly in the heating of many, often before the King and privately at the Council-table, and the privy Join to to speak of us as Rebels and Traitors, and to speak against the pacification as dishonourable, and meet to be broken. Neither did his malignancy and bitterness ever suffer him to rest till a new war was entered upon, and all things prepared for our destruction. By him was it that our Covenant approven by Nationall Assemblies, subscribed by his M. Commissioner, and by the Lords of his M. Counsel, and by them commanded to be subscribed by all the Subjects of the Kingdom, as a testimony of our duty to God, and the King, by him was it still called ungodly, damnable, Treasonable; by him were oaths invented, and pressed upon divers of our poor Countrymen, upon the pain of imprisonment, and many miseries, which were unwarrantable by Law, and contrary their Nationall oath. When our Commissioners did appear to render the reasons of our demands, he spared not in the presence of the King and Committee, to rail against our Nationall Assembly, as not daring to appear before the World, and Kirks abroad, where himself and his actions were able to endure trial, and against our just and necessary defence, as the most malicious and Treasonable contempt of monarchial Government that any bygone Age hath heard of: His hand also was at the Warrant for the restraint and imprisonment of our Commissioners, sent from the Parliament, warranted by the King, and seeking the peace of the Kingdoms. When we had by our Declarations, Remonstrances, and Representations manifested the truth of our intentions, and lawfulness of our actions, to all the good Subjects of the Kingdom of England, when the late Parliament could not be moved to assist, or enter in war against us, maintaing our Religion, and liberties; Canterbury did not only advise the breaking up of that high and honourable Court, to the great grief and hazard of the Kingdom; but (which is without example) did sit still in the Convocation, and make Canons and Constitutions against us, and our just and necessary defence, ordaining under all highest pains, that hereafter the Clergy shall preach four times in he year such doctrine as is contrary not only to our proceed, but to the doctrine and proceed of other reformed Kirks, to the judgement of all sound Divines, and politics, and tending to the utter slavery and ruining of all Estates and Kingdoms, and to the dishonour of Kings and Monarches. And as if this had not been sufficient, he procured six Subsidies to be lifted of the Clergy, under pain of deprivation to all that should refuse. And which is yet worse, and above which malice itself cannot ascend, by his means a prayer is framed, printed, and sent through all the parochs of England, to be said in all Churches in time of Divine Service, next after the prayer for the Queen and Royal Progeny, against our Nation by name of Traitorous Subjects, having cast of all obedience to our anointed Sovereign, and coming in a rebellious manner to invade England, that shame may cover our faces, as Enemies to God, and the King. Whosoever shall impartially examine what hath proceeded from himself, in these two books of Canons and Common-prayer, what Doctrine hath been published and printed these years bypast in England, by his Disciples and Emissaries, what gross Popery in the most material points we have found, and are ready to show in the posthume writings, of the Prelate of Edinburgh, and Damblane, his own Creatures, his nearest familiars, and most willing instruments to advance his counsels, and projects, shall perceive that his intentions were deep and large against all the reformed Kirks, and reformation of Religion, which in his Majesty's Dominions wes panting, and by this time had rendered up the ghost, if God had not in a wonderful way of mercy prevented us: and that if the Pope himself had been in his place, he could not have been more popish, nor could he more zealously have negotiated for Rome, against the reformed Kirks, to reduce them to the Heresies in Doctrine, the Superstitions and Idolatry in worship, and the Tyranny in Government which are in that Sea, and for which the reformed Kirks did separate from it, and come forth of Babel. From him certainly hath issued all this deluge, which almost hath overturned all. We are therefore confident that your Lordships will by your means deal affectually with the Parliament, that this great firebrand be presently removed from his Majesty's presence, and that he may be put to trial, and put to his deserved censure according to the Laws of the Kingdom, which shall be service to God, honour to the King and Parliament; terror to the wicked, and comfort to all good men, and to us in special; who by his means principally have been put to so many and grievous afflictions, wherein we had perished, if God had not been with us. We do indeed confess that the Prelates of England have been of very different humours, some of them of a more hot, and others of them, men of a more moderate temper, some of them more, and some of them less inclinable to Popery, yet what known truth, and constant experience hath made undeniable, we must at this opportunity profess, that from the first time of Reformation of the Kirk of Scotland, not only after the coming 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 pass 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 external worship, and Doctrine of our Kirk. By which their doing, they did not aim to make us conform to England, but to make Scotland first (whose weakness in resisting they had before experienced, in the Novations of government, and of some points of worship) and thereafter England conform to Rome, even in these matters, wherein England had separated from Rome, ever since the time of Reformation. An evil therefore which hath issued, not so much from the personal disposition of the Prelates themselves, as from the innate quality and nature of their office and Prelatical Hierarchy, which did bring forth the Pope in ancient times, and never ceaseth till it bringeth forth popish Doctrine and worship, where it is once rooted, and the principles thereof fomented and constantly followed. And from that antipathy and inconsistency of the two forms of Ecclesiastical Government, which they conceived, and not without cause, that one Island united also under one head and Monarch, wes not able to bear; 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 form 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 eminency. This also we represent to your Lordship's 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 Lieutenant of Ireland. IN our Declarations we have joined with Canterbury the Lord Lieutenant of Ireland, whose malice hath set all his wits and power on work, to devise and do mischief against our Kirk and Country. 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 Majesty's dominions; of which he hath showed himself in his own way no less zealous than Canterbury himself, as may appear by his advancing of his Chaplain, D. Bramble, not only to the Bishopric of Derry, but also to be Vicar-general of Ireland, a man prompted for exalting of Canterburian Popery, and Arminianism, 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 University of Dublin, for poisoning the fountains, and corrupting the Seminaries of the Kirk. And thirdly, when the Primate of Ireland did press 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 Hangman, 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 pieces printed at Dublin, Examen conjurationis Scoticanae, The ungirding of the Scottish Armour: the pamphlet bearing the counterfeit name of Lysimachus Nicanor; all three so full of calumnies, slanders, and scurrilities against our Country, and Reformation, that the Jesuits in their greatest spite, could not have said 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 general Assemblies, was approved by Parliament in the Articles subscribed in the King's name, by his Majesty's high Commissioner, and by the Lords of privy Counsel, and Commanded to be sworn by his Majesty's Subjects of all ranks; and particular and plenary information was given unto the Lieutenant, by men of such quality as he ought to have believed, of the loyalty of our hairs to the King, of the lawfulness of our proceed, 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 Countrymen both of the Nobility and Gentry, living in Ireland, showing them, that the King would conceive and account them as Conspirers with the Scots, in their rebellious courses, except some remedy were provided; and for remedy, suggesting his own wicked invention, to present unto him and his own wicked Council, a petition, which he caused to be framed by the Bishop of Raphoe, and was seen and corrected by himself, wherein they petitioned to have an oath given them, containing a formal renunciation of the Scottish Covenant, and a deep assurance never so much as to protest against any of his Majesty's commandments whatsoever. No sooner was this Oath thus craftily contrived, but in all haste it is sent to such places of the Kingdom where our Countrymen had residence; and men, women, and all other persons above the years of sixteen, constrained either presently to take the Oath, and thereby renounce their Nationall Covenant as seditious and traitorous, or with violence and cruelty to be haled to the Jail, fined above the value of their estates, and to be kept close prisoners, and so fare 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 parallel the persecutions of the most unchristian times: for weak women dragged to the Bench to take the Oath, died in the place, both mother and Child; hundreds driven to hid themselves, till in the darkness of the night they might escape by Sea into Scotland, whither thousands of them did fly, being forced to leave Corn, Cattell, Houses, and all they possessed, to be prey to their persecuting enemies, the Lieutenant's Officers. And some indicted and declared guilty of high-treason, for no other guiltiness but for subscribing our National oath, which was not only impiety and injustice in itself, and an utter undoing of his Majesty's Subjects, but was a weakening of the Scots Plantation, to the prejudice of that Kingdom, and his Majesty's service, and was a high scandal against the King's honour, and intolerable abuse to his Majesty's trust and authority: his Majesty's Commission, which was procured by the Lieutenant, bearing no other penalty than a certification of noting the names of the refusers of the oath. But by this his restless rage and insatiable cruelty, against our Religion and Country, 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 extremely impoverished, yet by his speeches full of oaths and asseverations, That we were Traitors and Rebels, casting off all Monarchical Government, etc. he extorted from them four new Subsidies, and indicta causa before we were heard, procured that a War was udertaken, and forces should be levied against us, as a rebellious Nation, which was also intended to be an example and precedent to the Parliament of England for granting subsidies, and sending a joint Army for our utter ruin. According to his appointment in Parliament, the Army was gathered, and brought down to the Coast, threatening a daily invasion of our Country, intending to make us a conquered Province, and to destroy our Religion, liberties, and Laws, and thereby laying upon us a necessity of vast charges, to keep forces on foot on the West coast to wait upon his coming. And as the War was denounced, and forces levied 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. Frigates were sent forth to scour our Coasts, which did take some, and burn others of our Barks. Having thus incited the Kingdom of Ireland, and put his forces in order there against us, with all haste he cometh to England. In his parting, at the giving up of the Sword, he openly avowed our utter ruin and desolation, in these or the like words, If I return to that honourable Sword, I shall leave of the Scots neither root nor branch. How soon he cometh to Court, as before he had done very evil offices against our Commissioners, clearing our proceed before the point: 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 designs succeeded not that way, in his nimbleness he taketh another course, that the Parliament of England may be broken up, and despising their wisdom and authority, not only with great gladness 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 general Captain, with power to invade, kill, slay, and save at his discretion, and to make any one, or more Deputies in his stead, to do, and execute all the power and authorities committed to him. According to the largeness 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 coming in a peaceable way, far from any intention to invade any of his Majesty's Subjects, and still to supplicate his Majesty for a settled peace, he gave order to his Officers to fight with them on the way, that the two Nations once entered in blood, whatsoever should be the success, he might escape trial and censure, and his bloody designs might be put in execution against his Majesty's Subjects of both Kingdoms. When the King's Majesty was again inclined to hearken to our petitions, and to compose our differences in a peaceable way, and the Peers of England convened at York, had, as before, in their great wisdom and faithfulness given unto his Majesty's Counsels of peace, yet this firebrand still smoketh; and in that honourable Assembly, taketh upon him to breath out threaten against us as Traitors, and enemies to monarchial government; that we be sent home again in our blood, and he will whip us out of England. And as these were his speeches in the time of the Treaty appointed by his Majesty 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 practices 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 Governor of Berwick, and Carlisle can show, from whom they had their warrants for their Acts of hostility after the cessation was concluded. It may be tried how it cometh to pass, that the Ports of Ireland are yet closed, our Countrymen for the oath still kept in prison, traffic 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 Kingdoms, and Nations, may be put to a trial, and from their known and renowned justice, may have his deserved punishment. 16. December, 1640. THE SCOTTISH Commissioners Demand concerning the sixth ARTICLE. COncerning our sixth demand, although it hath often come to pass that these two have been joined 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 less labour the division of the two Kingdoms than we do all seek peace, and follow after it, as our Common happiness, 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 Majesty's Princely goodness end justice, and your Lordship's noble and equal dealing, we have so fully accorded, and to keep us from providing for a firm and well grounded Peace, by the wisdom 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 honourable to both Kingdoms; So will your Lordships hearken to us, and will not suffer yourselves, by any slanders or suggestions to be drawn out of that strait and safe way wherein ye have walked since the beginning. It is now, we suppose, known to all England, especially to both the honourable 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 redress, 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 Kingdom 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 only to maintain so many thousands as were spoilt of their ships and goods, but to want all Commerce by Sea, to the undoing of Merchants, of Sailors, 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 Kingdom to Confusion, Ruin, and Desolation, how much more all the three at one time combined to bring the Kingdom of Scotland to be no more a Kingdom: Yet all these behoved We either to endure and under no other hope, than of the perfect slavery of ourselves, 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 find by no other means, when we had essayed all means, and had at large expressed our pungent, and pressing necessities, to the Kingdom 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 Legal process in the time of Peace, or by way of violence and unjust invasion in the time of war, aught 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 kind, and that the Parliament of England, by whose wisdom and justice we have expected the redress 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 earnestness 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 Kingdom and Parliament of England, which did neither discern nor set forward a War against us; And that prevalent faction of Prelates and Papists who have moved every stone against us, and used all sorts of means, not only their Counsels, Subsidies, and Forces, but their Church Canons and Prayers, for our utter ruin; which maketh them obnoxious to our just accusations, and guilty of all the losses and wrongs which this time passed we have sustained: Yet this we desire your Lordships to consider, That the States of the Kingdom of Scotland being assembled, did endeavour by their Declarations, Informations, and Remonstrances, and by the proceed of their Commissioners, to make known unto the Council, Kingdom, and Parliament of England, and to forewarn them of the mischief intended against both Kingdoms, 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 press our Demand; that your Lordships, the Parliament, the Kingdom, 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 damage; And which, except they repent, we find sorrow recompensed for our grief, torments for our toil, and an infinite greater loss for the Temporal losses, they have brought upon a whole Kingdom, which was dwelling by them in peace. All the devices and do of our common enemies, were to bear down the truth of Religion, and the just liberties of the Subjects in both Kingdoms. They were confident to bring this about one of two ways: 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 Kingdom, to compel us furiously, and without order, to break into England; That the two Nations once entered into a bloody War, 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 wisdom into foolishness, 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 settling our peace, by a Parliament in England, wherein the intentions and actions, both of our adversaries and ours, might be brought to light; The King's Majesty and the Kingdom right informed, The Authors and Instruments of our divisions and troubles punished, All the mischiefs of a Nationall and doubtful war 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 wonderful doing, by the wise counsels, and just proceed of the Parliament, to bring it in a great part to pass, and to give us lively hopes of a happy conclusion: And therefore we will never doubt, but that the Parliament in their wisdom and justice, 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 Figtrees, 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 Kingdom of England doth know and confess that the innovation of religion and liberties in Scotland, were not the principal design of our common enemies, but that both in the intention of the workers, whose zeal was hottest for settling 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 is made perfect in weakness, they have found amongst us greater resistance than they did fear, or either they or ourselves could have apprehended; Yet as it hath been the will of God that we should endure the heat of the day, so in the evening the precious wages of the vindication of religion, liberties, and laws are to be received by both Kingdoms, and will enrich, we hope, to our unspeakable joy, the present age, and the posterity with blessings that cannot be valued, and with the good people of England, esteem more than treasures of Gold, and willingly would have puachased with many thousands. We do not plead that conscience and piety have moved some men to serve God upon their own cost, and that justice and equity have directed others, where the harvest hath been common to consider the pains of labouring, and the charges of the sowing, yet thus much may we say, that had a foreign enemy, intending to reduce the whole Island into Popery, made the first assault upon her weakness, we nothing doubt but the Kingdom of England, from their desire to preserve their Religion and liberties, would have found the way to bear with us the expense of our resistance and lawful defence, how much more being invaded, although not by England, yet from England, by common enemies, seeking the same ends, we expect to be helped and relieved. We will never conceive that it is either the will or the weal and honour of England, that we should go from so blessed a work; after so many grievous sufferings, bearing on our backs the insupportable burdens of worldly necessities and distresses, return to our Country empty, and exhausted, in which the people of all ranks, sexes, and conditions, have spent themselves. The possessions of every man who devoted himself hearty to this cause, are burdened, not only with his own personal and particular expense, but with the public and common charges; of which if there be no relief, neither can our Kingdom have peace at home, nor any more credit for Commerce abroad: Nor will it be possible for us, either to aid and assist our friends, or to resist and oppose the restless and working wickedness of our enemies: The best sort will lose much of the sweetness of the enjoying of their religion and liberties, and others will run such ways, and undirect courses as their desperate necessity will drive them into. We shall be but a burden to ourselves, a vexation unto others, of whose strength we desire to be a considerable part, and a fit subject for our enemies to work upon for obtaining their now disappointed, but never dying desires. We will not allege the example of other Kingdoms, where the losses of necessary and just defence had been repaired by the other party, nor will we remember what help we have made, according to our abilities, to other reformed Churches; and what the kingdom of England of old and of late hath done to Germany, France, and Holland; nor do we use so many words, that England may be burdened, and we eased, or that this should be a matter of our Covetousness, and not of their Justice and kindness; Justice, in respect of our adversaries, who are the causes of the great misery and necessity to which we have been brought: kindness, in the supply of our wants who have been tender of the welfare of England as of our own, that by this equality and mutual respect, both Nations may be supported in such strength and sufficiency, that we may be the more serviceable to his Majesty; and abound in every good work, both towards one another, and for the comfort and relief of the reformed Churches beyond the Seas, that we may all bless God, and that the blessing of God may be upon us all. The English Peers demand concerning the preceding. Articles. WHether this be a positive demand, or only an intimation of the charge, thereby to induce the Kingdom of England to take your distressed estate into consideration, and to afford you some friendly assistance. The Scottish Commissioners answer to the demand. WE would be no less willing to bear our losses if we had ability, than we have been ready to undergo the hazard; But because the burden of the whole doth far exceed our strength. We have (as is more fully conceived in our Papers) represented to your Lordships our charges and losses, not intending to demand a total reparation, but of such a proportionable part, as that we may in some measure bear the remanent, which we conceive your Lordships (having considered our reasons) will judge to be a matter, not of covetousness, but of the said Justice and kindness of the Kingdom of England. Proposition of the Peers to proceed to the other Demands during the debate of the Scottish losses. THat in the Interim, whilst the Houses of Parliament take into consideration your Demand of losses and damages, you proceed to settle the other Articles of the peace and intercourse betwixt the two Kingdoms. Answer to the Peers Demand. WE have represented our losses, and thereby our distressed condition ingenuously, and in the singleness of our hearts, with very great moderation, passing over many things which to us are great burdens, that there might be no difficulty or cause of delay on our part, hoping that the honourable Houses of Parliament would thereby be moved at their first convenience, to take the matter to their consideration. We do not demand a total reparation, nor do we speak of the payment, till we consult about the settling of a solid peace, at which time the ways of lifting and paying the money, may be considered; We do only desire to know what proportion may be expected. That this being once determined, and all impediments arising from our bypast troubles, removed, we may with the greater confidence, and more hearty consent on both sides, proceed to the establishing of a firm and durable peace for time to come. It is not unknown to your Lordships, what desperate desires, and miserable hopes our adversaries have conceived of a breach upon this Article; And we do foresee what snares to us, and difficulties to your Lordships may arise upon the post poning and laying aside of this Article to the last place. And therefore that our adversaries may be out of hope, and we out of fear, and that the settling of peace may be the more easy: We are the more earnest, that as the former articles have been, so this may be upon greater reasons considered in its own place and order. Your Lordships upon the occasion of some motions made heretofore of the transposing of our Demands, do know, that not only the substance, but the order of the propounding of them, is contained in our instructions. And as we can alter nothing without warrant, the craving whereof will take more time than the Houses of Parliament will bestow upon the consideration of this Article. So are we acquainted with the reasons yet standing in force, which moved the ordering of this Demand. And therefore let us still be earnest with your Lordships, that there be no halting here, where the adversaries did most, and we did least of all, by reason of the justice and kindness of the Houses of Parliament expect it. Resolved on the Question. THat this House doth conceive, that the sum of three hundreth thousand pounds is a fit proportion for that friendly assistance and relief, formerly thought fit to be given, towards the supply of the losses and necessities of our Brethren of Scotland. And that this House will, in due time, take into consideration the manner how, and the time when, the same shall be raised. Answer of the Scots Commissioners. WE entreat your Lordships, whose endeavours God hath blessed in this great work, to make known to the Parliament, that we do no less desire to show our thankfulness for their friendly assistance and relief, than we have been earnest in demanding the same. But the thankfulness which we conceive to be due, doth not consist in our affections or words at this time; but in the mutual kindness, and real demonstrations to be expected from the whole Kingdom of Scotland in all time coming: and that not only for the measure and proportion, which the Parliament hath conceived to be fit; and which (to begin our thankfulness now) we do in name of the whole Kingdom cheerfully accept of, but also for the kind and Christian manner of granting it unto us, as to their Brethren, which addeth a weight above many thousands, and cannot be compensed but by paying their reciprocal love and duty of Brethren. And for the resolution to consider in due time of the raising of the same for our relief, which also maketh the benefit to be double. This maketh us confident that God (whose working at this time hath been wnoderfull) hath decreed the peace and amity of the two Kingdoms, and will remove all rubs out of the way, that our enemies, will at last despair to divide us, when they see that God hath joined us in such a fraternity. And that divine providence will plentifully recompense unto the Kingdom of England, this their justice and kindness, and unto Scotland all their losses, which shall not by these and other means amongst ourselves be repaired, but by the rich and sweet blessings of the purity and power of the Gospel, attended with the benefits of an unhappy and durable peace under his Majesty's long and prosperous reign, and of his royal posterity to all generations. FINIS.