SPEECHES AND PASSAGES Of This GREAT and HAPPY Parliament:
From the third of November, 1640, to this inſtant June, 1641.
Collected into One Volume, and according to the moſt perfect Originalls, exactly publiſhed.
LONDON, Printed for William Cooke, and are to be ſold at his ſhop, at Furnifalls-Inne-gate, in Holbourne, 1641.
THe knowledge I had of the deſires of my Scottiſh Subjects, was the cauſe of my calling the laſt Aſſembly of Parliament, wherein had I beene beleeved; I ſincerely thinke, that things had not fallen out as now we ſee: But it is no wonder that men are ſo ſlow to beleeve that ſo great a ſedition ſhould be raiſed on ſo little ground. But now my Lords, and Gentlemen, the honour and ſafety of this Kingdome lying ſo neerely at the ſtake; I am reſolved to put my ſelf freely and cleerly on the love and affections of my Engliſh Subjects, as theſe of my Lords that did wait on me at York, very well remember I there declared. Therefore my Lords, I ſhall not mention mine own intereſt, or that ſupport I might juſtly expect from you, till the common ſafety be ſecured; though I muſt tell you I am not aſhamed to ſay, thoſe charges I have been at, have been meerly for the ſecuring and good of this Kingdome, though the ſucceſſe hath not been anſwerable to my deſires. Therefore I ſhall only deſire you to conſider the beſt way both for the ſafety and ſecurity of this Kingdome, wherein their are two parts chiefly conſiderable. Firſt, the chaſtifing out of the Rebells. And ſecondly, that other, in ſatisfying your juſt grievances, wherein I ſhall promiſe you to concurre ſo4 heartily and cleerely with you, that all the World may ſee my int•ntions have ever beene and ſhall be, to make this a glorious and flouriſhing Kingdome. There are only two things that I ſhall mention to you; Firſt, the one is to tell you that the Loane of money which I lately had from the City of London, wherein the Lords that waited on me at Yorke aſſiſted me, will only maintain my Armie for two mone•hs from the beginning of that time it was granted. Now my Lords, and Gentlemen, I leave it to your conſiderations, what diſhonour and miſchiefe it might be, in caſe for want of money my Armie be disbanded, before the Rebells be put out of this Kingdome. Secondly, the ſecuring the calamities the Northern people endure at this time, and ſo long as the treaty is on foot. And in this I may ſay not only they, but all this Kingdome will ſuffer the harme; therefore I leave this alſo to your conſideration, for the ordering of theſe great affairs whereof you are to treat at this time. I am ſo confident of your love to me, and that your care is for the honour and ſafety of the Kingdome, that I 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 accompt of theſe things that have happened in this interim, wi•h this Proteſtation, tha•if this accompt be not ſatisfactory as it ought to be. I ſhall whenſoever you deſire, give you a full and perfect accompt of every particular. One thing more I deſire of you, as one of the greateſt means to make this a happy Parliament; That you on your parts, as I on Mine, lay aſide all ſuſpition one of another, as I promiſed my Lords at Yorke; It ſhall not be my fault if this be not a happie and good Parliament.
I do expect that you will haſtily make relation to the Houſe of Commons, of thoſe great affairs for which I have called you hither at this time, and for the truſt I have repoſed in them, and how freely I put my ſelfe on their love and affections at that time; and that you may know the better how to do ſo, I ſhall explaine my ſelfe concerning one thing I ſpake the laſt day. I told you the Rebells muſt be put out of this Kingdome; it's true, I muſt needs call them ſo, ſo long as they have an Armie that do invade us; and although I am under treaty with them, and I under my great Seale do call them Subjects, and ſo they are too, but the ſtate of my Affairs in ſhort is this. It's true, I did expect when I did will my Lords and great ones at Yorke, to have given a gracious anſwer to all your grievances; for I was in good hope by their wiſedomes and aſſiſtances to have made an end of that buſineſſe, but I muſt tell you that my Subjects of Scotland did ſo delay them, that it was not poſſible to end there: Therefore I can no wayes blame my Lords that were at Rippon, that the treaty was not ended, but muſt thanke them for their pains and induſtry, and certainly had they as much power as affections, I ſhould by that time have brought theſe diſtempers to a happy period; ſo that now the treaty is tranſported from Rippon to London, where I ſhall conclude nothing without your knowledge, and I doubt not but by your approbation; for I do not deſire to have this great work done in a corner, for I ſhall lay4 open all the ſteps of this miſ-underſtanding, and cauſes of the great differences between Me and my Subjects of Scotland. And I doubt not but by your aſſiſtance to make them know their duty, and alſo by your aſſiſtance to make them return whether they will or no.
THe Knights, Citizens, Burgeſſes; The principall cauſe of my comming here at this time, is by reaſon of the ſlow proceedings in Parliament, touching which is a great deale of inconvenience.
Therefore I think it very neceſſary to lay before you the ſtate of my affairs as now they ſtand, therby to haſten (not interrupt) your proceedings.
Firſt, I muſt remember you that there are two Armies in the Kingdome, in a manner maintained by you, the very naming of which, doth more cleerly ſhew the inconvenience thereof, then a better tongue then mine can expreſſe.
Therfore in the firſt place, I ſhall recommend unto you the quick diſpatch of that buſineſſe, aſſuring you that it cannot reſt upon me.
In the next place I muſt recommend unto you the State of my Navie and Forts; the condition of both which is ſo well known unto you, that I need not tell you the particulars, only thus much; they are the Walls and defence of this Kingdome, which if out of order, all men may eaſily judge what incouragement it will be to5 Our enemies, and what diſheartning to our friends.
Laſt of all, (and not of the leaſt to be conſidered) I muſt lay before you the diſtractions that are at this preſent occaſioned through the cauſe of Parliament; for there are ſome men that more maliciouſly than ignorantly, will put no difference betweene Reformation, and alteration of government.
Hence it commech that divine Service is irreverently interrupted, and Petitions in an ill way given in, neither diſputed nor denied. But I will enter into no more particulars, but ſhew you a way of remedie, by ſhewing you my cleer intentions, and ſome marke that may hinder this good worke.
I ſhall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church, and Common-wealth, and conſequently that all Courts of Juſtice may be reformed according to Law. For my intentions is cleerly to reduce all things to the beſt and pureſt times as they were in the time of Queen Elizabeth.
Moreover, whatſoever part of my Revenue ſhall be found illegall or heavy to my Subjects, I ſhall be willing to lay down, truſting in their affections. Having thus cleerly and ſhortly ſet down my intentions, I will ſhew you ſome rubs, and muſt needs take notice of ſome very ſtrange (I know not what terme to give them) Petitions given in the name of divers Counties, againſt the eſtabliſhed government of the Church, and of the great threatnings againſt the Biſhops, that they will make them to be but a Cipher, or at leaſt taken away.
If ſome of them have incroached too much upon the Temporaltie (if it be ſo) I ſhall not be unwilling theſe things ſhould be redreſſed and reformed, as all other abuſes according to the wiſdome of former times; ſo farre I ſhall go with you, no farther.
If upon ſerious debate you ſhall ſhew that Biſhops have ſome Temporall Authority, not ſo neceſſary for the government6 of the Church, and upholding Epiſcopall Juriſdiction; I ſhall not be unwilling to deſire them to lay it down, but this muſt not be underſtood, that I ſhall any way conſent that their voice in Parliament ſhould be taken away; for in all the times of my Predeceſſors ſince the Conqueſt, and before, they have enjoyed it; I am bound to maintain them in i, as one of the fundamentall Inſtitutions of this Kingdome.
There is one other Rock you are on, not in ſubſtance, but in ſervice; and the forme is ſo eſſentiall, that unleſſe it be reformed, will ſplit you on that Rock.
There is a Bill lately put in concerning Parliaments. The thing I like well to have frequent Parliaments, but for Sheriffes and Conſtables to uſe my Authoritie, I can no wayes conſent unto.
But to ſhew that I deſire to give you content in ſubſtance as well as in ſhew, that you ſhall have a Bill for doing thereof, ſo that it do not trench neither againſt my Honor, neither againſt the ancient Prerogatives of the Crowns concerning Parliaments, Ingeniouſly confeſſe, often Parliaments is the fitteſt means to keep correſpondencie betweene Me and my People, that I doe ſo much deſire.
To conclude, now all that I have ſhewen you, the ſtate of my Affairs, My own cleere intentions, and the Rocks I would have you ſhun.
To give you all contentment, you ſhall likewiſe finde by theſe Miniſters, I have, or ſhall have, about me for the effecting of theſe my good intentions, which ſhall redouble the peace of the Kingdome, and content you all. Concerning the conference, you ſhall have a direct anſwer on Monday, which ſhall give you ſatisfaction.
MY Lords, and you the Knights, Citizens, and Burgeſſes of the Houſe of Commons; you may remember when both Houſes were with Me at the Banquetting Houſe at Whitehall, I did declare unto you two Rocks I wiſhed you to eſchew, this is the one of them, and of that conſequence, that I thinke never Bill paſſed here in this Houſe of more favour to the Subjects then this is, and if the other Rocke be as happily paſſed over as this ſhall be at this time, I do not know what you can aske for ought I can ſee at this time, that I can make any queſtion to yeeld unto: Therefore I mention this to ſhew unto you the ſence that I have of this Bill, and obligation as I may ſay that you have to me for it, for hitherto, to ſpeake freely, I have had no great incouragement to doe it; if I ſhould looke to the outward face of your actions or proceedings, and not looke to the inward intentions of your hearts, I might make queſtion of doing it.
8Hitherto you have gone on in that which concernes your ſelves to amend, and yet thoſe things that meerly concernes the ſtrength of this Kingdom, neither for the State, nor my own particular.
This I mention, not to reproach you, but to ſhew you the ſtate of things as they are, you have taken the Government almoſt in peeces, and I may ſay, it is almoſt off the hinges.
A skilfull Watchmaker to make cleane his Watch, he will take it a ſunder, and when it is put together, it will go the better, ſo that he leave not forth then one pin in it.
Now as I have done all this on my part, you know what to do on your parts, and I hope you ſhall ſee cleerly that I have performed really what I expreſſed to you at the beginning of this Parliament, of the great truſt I have of your affections to me, and this is the great expreſſion of truſt, that before you do any thing for me, that I do put ſuch a confidence in you.
I Did yeſterday ſatisfie the Juſtice of the Kingdome by paſſing of the Bill of Attainder againſt the Earle of Strafford; but mercie being as inherent, and inſeparable to a King as Juſtice. I deſire at this time in ſome meaſure to ſhew, that likewiſe by ſuffering that unfortunate man to fulfill the naturall courſe of his life in a cloſe impriſonment; yet ſo, that if ever he make the leaſt offer to eſcape, or offer directly, or indirectly to meddle in any ſort of Publique buſineſſe; eſpecially with me, either by Meſſage, or Letter, it ſhall coſt him his life without further Proceſſe. This, if it may be done without the diſcontentment of my People, will be an unſpeakable contentment to me.
To which end, as in the firſt place, I by this Letter do earneſtly deſire your approbation, and to endeare it the more, have choſen him to carry it, that of all your Houſe is moſt dear to me. So I deſire that by a conference, you will endeavour to give the Houſe of Commons contentment: Likewiſe aſſuring you, that the excuſe of mercy is no more pleaſing to me, then to ſee both Houſes of Parliament conſent for my ſake, that I ſhould moderate the ſeverity of the Law, in ſo important a caſe.
10I will not ſay that your complying with me, in this my intended mercie, ſhall make me more willing, but certainly t'will make me more cheerfull in granting your juſt grievances. But if no leſſe than his life can ſatisfie my People, I muſt ſay fiat juſtitia. Thus again recommending the conſideration of my intentions to you, I reſt.
If he muſt dye, it were charity to Reprieve him till Satterday.
THis Letter all written with the Kings own hand, the Peers this day received in Parliament, delivered by the hand of the Prince. It was twice read in the Houſe, and after ſerious and ſad conſideration, the Houſe reſolved preſently to ſend 12. of the Peers Meſſengers to the King; humbly to ſignifie, that neither of the two intentions expreſſed in the Letter, could with duty in them, or without danger to himſelfe, his deareſt Conſort the Queene, and all the young Princes their Children, poſſibly be adviſed: With all which being done accordingly, & the reaſons ſhewed to his Maieſty, He ſuffered no more words to come from them, but out of the fulneſſe of his heart to the obſervance of Juſtice, and for the contentment of his people, told them, that what he intended by his Letter was with an (if) if it may be done without diſcontentment11 of his People; if that cannot be, I ſay againe the ſame that I writ, fiat juſtitia. My other intention proceeding out of charity for a few dayes reſpite, was upon certain information that his Eſtate was ſo diſtracted, that it neceſſarily required ſome few dayes for ſetlement thereof.
Whereunto the Lords anſwered, their purpoſe was to be Suitors to his Maieſty for favour to be ſhewed to his innocent Children; and if himſelfe had made any proviſion for them, that the ſame might hold.
This was well liking to his Maieſty, who thereupon departed from the Lords; at his Maieſties parting they offered up into his hands the Letter it ſelfe which he had ſent; but He was pleaſed to ſay, my Lords, what I have written to you, I ſhall content it be Regiſtred by you in your Houſe. In it you ſee my minde, I hope you will uſe it to my honor.
This, upon returne of the Lords from the King, was preſently reported to the Houſe by the Lord Privy Seal, and ordered, that theſe Lines ſhould go out with the Kings Letter, if any copy of the Letter were diſperſed.
1 BEcauſe it is a very great hinderance to the exerciſe of their Miniſteriall Function.
2 Becauſe they doe vow and undertake at their Ordination when they enter into holy Orders, that they will give themſelves wholly to that Vocation.
3. 4 Becauſe Counſells and Canons in ſeverall Ages, do forbid them to meddle with ſecular affairs, becauſe 24 Biſhops have dependancie on the two Archbiſhops, and becauſe of their Canonicall obedience to them.
5 Becauſe they are but for their lives, and therefore are not fit to have legiſlative power over the honors, inheritance, perſons, and liberties of others.
6 Becauſe of Biſhops dependancie, and expecting tranſlations to places of great profit.
7 That ſeverall Biſhops have of late much incroached upon the conſciēnces and liberties of the Subjects; and they, and their Succeſſors will be much incouraged ſtill to incroach, and the Subjects will be much diſcouraged from complaining againſt ſuch incouragements if 26 of that Order, be to be Judges of thoſe complaints, the ſame reaſon extends to their legiſlative power in any Bill to paſſe for the regulation of their power, upon any emergent inconveniencie by it.
138 Becauſe the whole number of them is intereſſed to maintaine the juriſdiction of Biſhops, which hath beene found ſo grievous to the three Kingdomes, that Scotland hath utterly aboliſhed it, and multitudes in England, and Ireland have petitioned againſt it.
9 Becauſe Biſhops being Lords of Parliament, it ſetteth too great a diſtance betweene them, and the reſt of their Brethren in the Miniſtry, which occaſioneth pride in them, diſcontent in others, and diſquiet in the Church.
Anſw. If inconvenient Time and uſage are not to be conſidered with Law-makers; ſome Abbots voted as anciently in Parliament as Biſhops, yet are taken away. Therefore the Biſhops Certificate to plenary of Benefice and loyalty of Marriage, the Bill extends not to them.
For the ſecular Juriſdictions of the Deane of Weſtminſter, the Biſhops of Durbam, and Ely, and the Archbiſhop of Yorke, which they are to execute in their owne perſons, the former reaſons ſhew the inconveniencies therein.
For their Temporall Courts and Juriſdictions which are executed by their Temporall Officers, the Bill doth not concerne them.
ANd you the Knights, Cittizens, and Burgeſſes of the Houſe of Commons, you have been ſummoned by His Majeſties Gracious Writ, under the great Seal of England, and you are here this day aſſembled for the holding of a Parliament. The Writ tels you tis to treat, and conſult of the High, Great, and weighty affairs, that concern the eſtate and ſafety of the Kingdom. It tels you true, that ſince the Conqueſt, never was there a time that did more require, and pray for the beſt advice and affection of the Engliſh people. It is ill viewing of objects, by viewing them in multiplying Glaſſe, and it is almoſt as miſchievous in the ſpeech of ſuch a broken Glaſſe, which repreſents but to the half. The onely and the perfect way is to look in a true Mirror. I will not take upon me to be a good looker in it, I will onely hold it to you to make uſe of it.
The Kingdom of England is this multiplying Glaſſe, you may there ſee a State which hath flouriſhed for divers hundred yeers, famous for time of peace and warre, glorious at home, and ever conſiderable abroad. A Nation to whom never yet any Conqueror gave new Laws, nor aboliſhed the old, nor would this Nation ever ſuffer a Conqueror to meddle with their Laws, no not the Romanes, who yet when as they ſubdued all the people,14 made it part of the Conqueſt, to leave their Laws in triumph with them. For the Saxons, Danes, and the Normans, if this were a time to travell into ſuch particulars, it were an eaſie task to make it appear, that it never changed the old eſtabliſhed Lawes of England, nor ever brought in any new, ſo as you have the frame and conſtitution of a Common-wealth, made glorious by antiquity. And it is with States, as with perſons and families, certainly an interrupted pedigree doth give luſtre. It is glorious in the whole frame, wortth your looking upon, long and your conſideration in every part.
The King is the head of the Common-wealth, the Fountain of Juſtice, the life of the Law, He is anima & deliciae legis.
Behold Him in His glorious Anceſtors, that have ſo ſwayed the Scepter of the Kingdome.
Behold Him in the high attributes, and the great prerogatives, which ſo ancient and unalterable Laws have given, and inveſted him with.
Behold Him in the happy times, that we have ſo long lived, under His Monarchiall government.
For His excellent Majeſty, that now is our moſt Gratious Soveraign; you had need wipe the Glaſſe, and wipe your eyes, and then you ſhall truely behold him a King of exemplary Pietie, and Juſtice, and a King of rare endowments, and abilities of nature, and what he hath got by acquiſition, depth of judgement, quickneſſe of apprehenſion, unparaleld moderation in great Councels, and great affaires, ſuch as you my Lords that had the happineſſe to attend Him at the Councell of the Peeres at York, to your great joy and comfort can witneſſe, and after ages will remember, to His eternall honour and ſame.
For His juſt and pious Government, I dare boldly ſay that if any under Him as our Inſtrument, have had the diſtributing of juſtice to His people, have not done as they ought, the fault is their own, and they have done16 contrary to the Royall Nature, and expreſſe Command of our Gratious Soveraign, from whom I have often learned this golden Rule, and Maxim, he ſerves me beſt, that ſerves me with honeſty and integrity.
Behold Him in another part of Himſelf, in His deareſt comfort, our Gracious Queen, the mirror of Vertue, from whom ſince Her happy arrivall here, now above three luſtres of yeetes, never any Subject record other then gratious and benigne Influence; and I dare a vow as She is neereſt and deareſt to our Soveraign, ſo there is none whoſe affections and endeavours (His Majeſty onely excepted) hath, or doth, or can cooperate more to the happy ſucceſſe of this Parliament, and the never to be equalled joy, and comfort of a right underſtanding between the King, and His people.
Behold Him in His beſt image, our excellent young Prince, and the reſt of the Royall, and lively Progeny in whom we cannot but promiſe to our ſelves, to have our happineſſe perpetuated.
From the Throne turn your eyes upon the two ſupporters of it, on the one ſide, the Stemne of honour, the Nobility, and Clergy, on the other ſide, the Gentry and Commons.
Where was there, or is there in any part of the world a nobility ſo numerous, ſo magnanimous, and yet with ſuch a temper, that they neither ecclipſe the throne, nor overtop the people, but keep in a diſtance fit for the greatneſſe of the Throne.
Where was there a Common-wealth ſo free, and the ballance ſo equally held, as here? And certainly, ſo long as the beam is ſo held, it cannot be otherwiſe, in right Anglis, if you turn the line never ſo little, it groweth quickly accute, or obdure; and ſo in States, the leaſt deviation makes a great change. But His Majeſties great wiſedome and goodneſſe, and the aſſiſtance of the Honourable Aſſembly, I do not doubt will be a means to17 make us ſtear between the Teophick of moderation, that there be no declenſion from the poole of ſeverity.
I am by His Maieſties Command, to relate to you ſome proceedings ſince the laſt Aſſembly here.
You may remember the Summer preceding this laſt, His Majeſty went with an Army into the North, ingaged in honour ſo to do, by reaſon of the c•urſes that were taken by divers of the Subjects in Scotland, in the prejudice of Monarchy, and rendring leſſe glorious this Kingdom. I know not under what pretence, but all that time they came very neer England, with an Army ſo neer that it was believed, they would have then entred and invaded the Kingdome. They did profeſſe the contrary, neither did they want remonſtrations, and declarations, to infuſe this opinion into the hearts of His Majeſties people, before it would by the effects. What their intentions from the beginning were, His Maieſtie by His goodneſſe and wiſedome, ſettled a Peace, and made a pacification at Barwick, upon which both Armies were disbanded, which pacification, and every Article of it, His Maieſty for His part hath been ſo far from violating, that whenſoever any queſtion ſhall be made of it, ſhall plainly and clearly appear, it was His care to ſee it in all things performed. On the contrary, thoſe Subiects of His not contented with that grace, which His Maieſty then gave them in thoſe Articles of pacification, they have ſtrained them beyond the bounds and limits of the intention, and meaning; but they over and above attempted, and acted divers things ſo prejudiciall to Monarchy, and contrary, and repugnant to the Law, and ſettled conſtitution, and uſage of that Kingdome, that His Maieſty could not in honour continue at it.
This being made known unto His Maieſty, and to His Privy Councell, by thoſe who beſt knew the State, and affairs of that Kingdom, and that were moſt truſted and imployed by His Maieſty. His Maieſty by the unaminous19 conſent of His Privy Councell, reſolved to raiſe an army to reduce them, to their modeſt and iuſt condition of true obedience, and ſubiection, to defend this Kingdome from all damage and danger, that by their means (how ſpecious ſoever they ſhaddow their pretences) they might fall upon it.
His Maieſty then foreſaw and foretold, that the raiſing of an Army at this time, was but to ſtand upon their own defence, as they profeſſed, and they had an intention to enter this Kingdome, and to ſeize upon ſome place of importance, and eminency, and His Maieſty in particular named Newcaſtle.
Had His Maieſty then had means and money, aſwell as he had certain knowledge of their intentions, I do beleeve that theſe calamities, that have fallen upon that Town, and the Counties adioyning, had been prevented. Perhaps the miſinterpretation of His Maieſties intentions, and the miſunderſtanding of His actions, and I am a fraid, the two benigne interpretation of the attempts actions, and profeſſions of the Subiects in Scotland, added ſ•me impediment to that which the moſt of us, I hope have lived to repent of.
His Maieſty 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, aſmuch as he poſſible could, He had not long been there, but that which he foreſaw, and foretold, fell out; for the Scots paſſed with their Army, the Rivers, Tweed and Tine, and ſeized upon Newcaſtle, (which) of what importance it is you all know: And that they force contribution of the Counties of No•thumberland, and the Biſhoprick of Durb•m, beſides many other ſpoiles, and diſtructions, that were committed.
His Maieſty well conſidering of what weight, and importance this was, and then having neither time nor place to call this aſſembly of Parliament. He did reſolve18 as had been frequently uſed, to ſummon a great Councell of all the Peeres, that by their advice and aſſiſtance, there might be ſome interruption given to the calamity, that was likely to ſpread over the whole Kingdome, And commanded Writs to iſſue accordingly.
That was not done to prevent, but to prepare for a Parliament.
It was not to claſh, or entor fire with this aſſembly, by acting or ordering any thing which belongeth to this high and ſupream juriſdiction, but onely to give their aſſiſtance for the preſent, to render things more fit for this great aſſembly;
That His Maieſties intention was ſo, it is cleer, for before ever any petition was delivered, or ever any ſpeech of petition for a Parliament, His Maieſty had reſolved to call one.
The Lords underſtood, It ſo will plainly appear by the proceedings of the Aſſembly, of which, if thoſe that were Officers, and Miniſters there had been come to Town, upon whoſe help I reſted, for my particular inſtruction, I ſhould have been better able to have given you an accompt, And His Maieſty was pleaſed to let you know, that when there was an occaſion of any particular, you may be ſatisfied in it. According to His Maieſties command 24. of September, all the Peeres were ſummoned, all except ſome few did meet where His Maieſty was. In the firſt place, pleaſed to declare unto us His reſolution to call a Parliament, and to all our ioyes and contents, as he hath now done it to yours and ours, declared that there was nothing he did more deſire then to be rightly underſtood of His people; And whoſoever he be that ſhall go about (effect it, I am ſure he cannot) to attempt or indeavour to alter this gracious declaration, and reſolution of His Maieſty, or whoſoever ſhall go about to poyſon the hearts of His good Subiects, with an opinion that it can be ſo, or leſſon the affection of His20 loving Subiects, for certainly never Subiects of the world better loved their King then the Engliſh, nor ever did ever Engliſh-men better love a King then now, if (I ſay) there be any ſuc•, may acurſe and puniſhment fall up〈◊〉, But•et the Royall 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 Subiects of Scotland, that were at Newcaſtle.
The firſt thing that His Maieſty deſired their advice in, was••e anſwer to that petition.
The next thing His Maieſty conceived, And all that were there, were of one opinion, with one voyce, and conſent, that it was not fit His Maieſty ſhould disband His Army, ſo long as the Scotch Army was on foot; And His Maieſty wiſhed them to take into their conſideration what way to have maintenance, for His Army in the mean time.
His Maieſty having opened the cauſe of calling them together, was pleaſed to expreſſe himſelf that He would leave to the Lords, their freedom of Debate, and himſelf was ready to have been gone from the Councell, but at the humble ſuite of the Lords he ſtayed, And I am perſwaded that nothing was of that ioy to them, as His Maieſties preſence, with ſuch freedome of diſcourſe did every man deliver himſelf, with ſuch grace and ſweetneſſe did his Maieſty hear them, and ſuch content did they take in His moderating, guiding and directing thoſe Councells: My Lords as holding it moſt neceſſary, took the latter of thoſe two conſiderations propounded by His Maieſty, to their thoughts, and that was the ſupplying and ſupporting His Maieſties Army, till this Parliament might take ſome courſe in it: His Maieſty, and my Lords, did declare themſelves, as before I have opened unto you,21 that they could never attempt, nor have the leaſt thought to make, by any Act or Order, any thing tending to the Subiect, but that it might be left wholly to the ſupream Juriſdiction. And therefore not ſeeing any other way, they reſolved by letter to addreſſe themſelves to the City of London, And with their letters they ſent half a dozen of my Lords.
My Lord Privy Seal, my Lord of Clare, who was appointed to go, but his urgent occaſions preven•ed him, Viſcount Cambden, Lord Coventry, Lord Goring and_____And theſe Lords they did expreſſe the joy and content they took in the Kings grace and confidence they had of His gracious aſſiſtance, was ſuch, that they did freely offer themſelves, and as I dare ſay there is none but is yet ready to enter into ſecurity with His Maie•ty. And the City gave an anſwer fit for the Chamber of the King, and part of the money is already lent, and will be ready, I aſſure my ſelf to ſupply the reſt.
For the other part, the firſt thing propounded by His Majeſty, was touching the anſwer that was to be given to that petition, and to the demands of the Subjects in Scotland, upon which occaſion His Majeſty was pleaſed, by thoſe great Officers and Miniſters of His, that knew beſt and underſtood the laws, and uſages of that Kingdome to expound their demands particularly, and to make appear unto their Lordſhips upon every one, wherein they had expounded the Articles of pacification, which His Majeſty ever deſired might be the Square, and Rule of the treaty with them.
My Lords tooke into conſideration what was fit to be done, for his Majeſty then profeſſed as he did oft, and as he hath done it during the time of that Councell; to be wholy ruled, guided, and directed by their advice, f r the honor of this Nation, and ſaf•ty of it, he did leave it to their wiſedomes and conſiderations; againſt whoſe advice, and without whoſe judgements and advice, he would do nothing.
22My Lords, howſoever they had received this information, and explanation upon every particular of their demands, yet in juſtice they thought it was fit to hear what could be ſaid, on the other ſide, how the objection might be anſwered, and what objection might be made by them againſt that which ſeemed to be plain enough.
For this purpoſe they were all of opinion, and his Majeſty was pleaſed to be of the ſame opinion, that ſome Lords ſelected and truſted by that great Councell, ſhould Treate with thoſe Subjects of Scotland upon all thoſe particulars, to the end that they might ſee what they did cleerly intend; to the end that if a firm peace which was moſt deſired from us might be had, or a juſt Warre to be begun.
My Lords of the great Councell that were appointed for that purpoſe, were the Earles of Bedford, Hertford, Eſſex, Salisbury, Warwick, Briſtow, Holland, and Barkeſhire, The Barons were the Lords, Wharton, Paget, Rimbolton, Brooke, Pawlet, Howard of Eſaich, Savile, and Dunſmore.
After which choice, ſome generall inſurrections proceeding from the debate and diſcourſes in that great Councell, a Commiſſion under the great Seale was given unto them, to enable them to treate and conclude as they in their wiſedomes and Judgements ſhould thinke fit. The place appointed for this treaty was at Rippon, where the Lords Commiſſioners wanted the happineſſe of that, that they, and we had at Yorke, of his Maieſties preſence. And that might be the occaſion that more time was ſpent in it, then otherwiſe would have been; yet my Lords omitted not their parts, but were deſirous to look into the depth, to ſee the utmoſt extent of their demands.
But before thoſe of Scotland could come to the maine treaty, to explaine themſelves touching their demands, they made a preparatory demand of maintenance for their Armie, and did go ſo high, as to demand Forty thouſand Pounds a moneth. My Lords (that were very unwilling23 to do any Act, or make any order whatſoever, as I have opened unto you, for the ſuſtenance, maintenance, and keeping a foot his Maieſties Armie without this great Aſſembly, which yet they all held fit ſhould not be diſbanded) were much ſtartled at the demand of maintenance for an Armie that was not the Kings, and which they did wiſh could not continue.
But my Lords, as under that name they could not hear it, yet they tooke into conſideration the miſerable condition of Northumberland, the Biſhopricke of Durbam, and Newcaſtle; They tooke into conſideration too, the Counties of Cumberland, and Weſtmerland, which if the Scottiſh Armie ſhould enter, were ſcarce able at this time to defend it ſelfe, and it were inconvenient to bring the Kings Armie thither.
Nay, their Lords were ſatisfied that the County of Yorke was in danger, and that not to be prevented but by a battell, if the Scots came on with an Armie, and my Lords were loath, where there were ſuch ods, ſo many twenties to one, that a battell ſhould be adventured And if the County of Yorke ſhould be in danger, we might quickly foreſee how the danger might run over the whole Kingdome.
And my Lords, as well as thoſe that remained at Yorke, as thoſe at Rippon, having received complaints from the Biſhop of Durbam (Northumberland, and Newcaſtle) and the Maior of Newcaſtle being impriſoned, and ſome of his Brethren, as was repreſented unto them, kept without fire or candle, and of divers waſtes and ſpoyles done in the Countrey. My Lords did thinke fit, that ſince the Counties of Northumberland, the Biſhoprick of Durbam, and Newcaſtle had already made a compoſition and agreement, that they would at laſt ratifie and confirm the compoſition and agreement, ſo as there might be a ceſſation of Arms, and acts of hoſtility; and that they which had fled from their dwellings in thoſe Counties might returne in24 ſafety. My Lords for theſe reaſons thought it fit for the preſent to give way unto them, rather than to bazard ſo great calamitie and affliction that would have fallen on thoſe Counties; hereupon they did conclude for 850. pound by day, and this to continue for two moneths, if the treaty before tooke not effect, the two Moneths to begin from the 16th of October; then they took Articles for ceſſation of Arms. So as now the ſtate and condition of things as they were acted, I have ſhortly and ſummarily delivered to you. I dare not adventure upon too many particulars, leaſt my memory ſhould faile; and if I have not done his Maieſties command, I beg his Maieſties pardon.
And my Lords, of what weight and importance this is to the whole Kingdome, what deepe conſideration it requires in our affections; what unſuſpected, and inſuſpected affections had we need bring with us, is eaſie to judge.
It is his Maieſties pleaſure that you of the Houſe of Commons, repaire to your owne Houſe to chuſe your Speaker, whom his Maieſty expects you will preſent to him on Thurſday next, at two of the clock in the afternoone.
IN all ſubmiſſive humbleneſſe, the Knights, Citizens, and Burgeſſes of the houſe of Commons are here aſſembled, who taking along with them your gracious inclination, have according to their ancient liberties deſigned me their Speaker. Whereas I cannot but lament to thinke how great a miſt may overcaſt the hopes of this ſeſſions, yet a note of favour to mee, who cannot but judge my ſelfe unfit for ſo great imployment, which ſo appeares to the whole World.
Many there bee of deepe judgement, and ſad experience, that might have added luſtre to this action an expedition to the worke, if they had pleaſed to have left me in that meane condition they found me.
2Non mihitacuiſſe nocet, Nocet eſſe locutum.
And then might your Sacred and pious intentions have had their full advancement.
But is it yet too late? may I not appeale to Ceſar?
Yes, I may, and in the loweſt poſture of humilitie I humbly beſeech your ſacred Majeſty to interpoſe your royall authority to command a review of the houſe, for there were never more then now fitted for ſuch imployments.
My Lord Keeper approves of him by his Majeſties direction.
Then he goes on,
It pleaſeth not your Sacred Majeſtie to vouchſafe a change.
Actions of Kings are not to bee by mee reaſoned.
Therefore beeing imboldened by this gracious approbation, give me leave a little, Dread Soveraigne, to expreſſe my owne thoughts unto our gracious Lord the King.
I ſee before my eyes with admiration the Majeſtie of great Brittaine, the Glory of times, The Hiſtory of honour, CHARLES the firſt, in his forefront placed by d•ſcent of antiquitie (Kings) ſetled by a long ſucceſſion, and continued to us by a pious and peacefull government.
On the one ſide the Monument of Glory, the Progenie of valiant and puiſſant Princes, the Queenes moſt Excellent Majeſtie.
On the other ſide, the hopes of poſterity, and joy of this Nation, thoſe Oliva branches ſet round your tables, Emblems of peace to poſterity.
Here ſhine thoſe Lights and Lamps placed in a3 Mount, which attend your ſacred Majeſty as ſupreame head, and borrow from you the Splendor of their government.
There the true ſtate of Nobility, figures of proweſſe and Magnanimity, fitted by their long contracted honour in their blood, for the Counſell of Princes.
In the midſt of thoſe the Reverend Iudges, whither both parties (as to the Oracles of Iudgment and Iuſtice) may reſort. Ciſternes that hold faire waters, wherein each deviation, each wrinkle is diſcernable, and from thence (as from the Center) each crooked line ought to be levelled; The footſtoole of your Throne is fixed there, which renders you glorious to all poſteritie.
Here wee the Knights, Citizens and Burgeſſes of the Commons houſe, at your royall feete, contracted from all parts of your Kingdome, Enſignes of obedience and humility, all theſe united by the law equally diſtributed, which cements this great body to the obedience of your ſacred Majeſty;
And compells aſwell the hearts as the hands to contribute for the preſervation of your Majeſtie, and the Common intereſt.
Diſſipates the Invaders of the Church and common wealth, and diſcovers the Impoſtures, but (give me leave dread Soveraigne) knits the Crowne to the Sacred Temples, and frees Majeſty from the Interpretation of miſdoing.
Amongſt theſe this great Counſell is moſt ſoveraigne againſt the diſtempers of this Nation.
Were they infeſted at Sea, troubled at home, or invaded from abroad, here was the Sanctuary of refuge, hither was the reſort, and no other way found for a foundation of peace.
It is reported of Constantine the great, that he accompted his Subjects purſe his Exchequer, and ſo it is.
4Subtile inventions may pick the purſe, but nothing can open it but a Parliament; which lets in the eye of Soveraignty upon the publicke maladies of the State, and vigilancy for the preſervation of our ancient Liberties; for this wee neede not ſearch into Antiquity; looke but a little backe, there wee ſhall ſee our juſt liberties graciouſly confirmed by your moſt ſacred Majeſty.
And is our happineſſe ſhut up in the remembrance of times paſt onely? No.
Thoſe gracious expreſſions lately falne from your ſacred lips, as hony from the combe, make glad the hearts of your people.
So that now we doe more than promiſe to our ſelves a large and free conſideration of the wayes to compoſe the diſtempers of theſe Kingdomes, and then preſent them to your royall hand for perfection.
And ſuch ſhall be our deportment, that as we ſhall labour the continuance of our Liberties, ſo ſhall wee carry a high regard to preſerve that Soveraigne power wherewith your Majeſty is inveſted for the preſervation of your Kingdome, and to render your ſacred Majeſty terrible to the Nations, and glorious at home.
Are theſe the fruits we have enjoyed by Parliaments? wee cannot then but wonder at that horrid invention in this place projected, Monſtrum horrendum, informe ing•ns, but, the Lord bee thanked, Cui lumen ademptum eſt. Can this receive a Palliation? Men, Fathers, and Brethren, and all at one blaſt; no reverence to ſacred bones of Princes? were wee not all in a lumpe by them intended to bee offered up to Moloch?
Let us never forget this dayes ſolemnization (But whither?) It is too much boldneſſe to preſume longer on your Majeſties grace and goodneſſe; and therefore5 for the better expedition of this ſervice; Wee humbly deſire;
That with ſuch alacrity wee may now proceed to manifeſt to the world, that our retirements were to reinforce a greater unity and duty, and to endeavour a ſweet violence which may compell (pardon dread Soveraigne the word Compell) your Majeſty to the love of Parliaments.
And thus God will have the honour, your ſacred Majeſty ſplendor, the Kingdome ſafety, and all our votes ſhall paſſe, that your ſacred Majeſty may long, long, long reigne over us; And let all the people ſay, Amen,
YOu have received now a ſolemne accompt from moſt of the Shires of England, of the ſeverall grievances and oppreſſions they ſuſtaine, and nothing as yet from Dorſet ſhire; Sir, I would not have you thinke that I ſerve for a Land of Goſhen, that we live there in Sun-ſhine, whilſt darkneſſe and plagues over-ſpread the reſt of the Land: As little would I have you thinke, that being under the ſame ſharp meaſure that the reſt, we are either inſenſible and benummed, or that, that Shire wanteth a ſervant to repreſent its ſufferings boldly.
It is true Mr. Speaker, the County of Dorſet hath not digeſted its complaints into that formall way of Petition, which others (I ſee) have done; but have intruſted them to my Partners and my delivery of them by word of mouth unto this Honourable Houſe. And there was given unto us in the County Court, the day of our Election, a ſhort memoriall of the heads of them, which was read in the hearing of the Free-holders there preſent, who all unanimouſly with one voyce ſignified upon each particular, that it was their deſire, that we ſhould repreſent them to the Parliament, which with your leave I ſhall doe, and theſe they are.
Beſides this, there was likewiſe preſented to us by a very conſiderable part of the Clergy of that County, a note of remembrance containing theſe two particulars.
Firſt, the impoſition of a new Oath required to bee taken by all Miniſters and others: which they conceive to be illegall, and ſuch as they cannot take with a good Conſcience.
Secondly, the requiring of a pretended Benevolence, but in effect a Subſidie, under the penalty of ſuſpenſion, excommunication, and deprivation, all benefit of appeale excluded.
This is all wee had particularly in Charge: But that I may not appeare a remiſſe ſervant of my Countrey, and and of this Houſe; give me leave to adde ſomewhat of my owne ſence.
Truly Mr. Speaker, the injurious ſufferings of ſome worthy members of this Houſe, ſince the diſſolution of the two laſt Parliaments, are ſo freſh in my memory, that I was reſolved not to open my mouth in any buſineſſe, wherein freedome and plaine dealing were requiſite, untill ſuch time, as the breach of our priviledges8 were vindicated, and the ſafety of ſpeech ſetled.
But ſince ſuch excellent Members of our Houſe, thought fit the other day to lay aſide that Caution, and to diſcharge their ſoules ſo freely in the way of zeale to his Majeſties ſervice, and their Countries good: I ſhall interpret that confidence of theirs for a lucky Omen to this Parliament, and with your permiſſion licence my thoughts too, a little.
Mr. Speak r, under thoſe heads which I propoſed to you, as the grievances of Dorſetſhire, I ſuppoſe are compriſed the greateſt part of the miſchiefs which have of late years layed battery either to our Eſtates or Conſciences.
Sir, I doe not conceive this the fit ſeaſon to ſearch and ventilate particulars, yet I profeſſe I cannot forbear to adde ſomewhat, to what was ſaid the laſt day by a learned Gentleman of the long Robe, concerning the acts of that reverend new Synod, made of an old convocation. Doth not every Parliament mans heart riſe to ſee the Prelats thus uſurpe to themſelves the Grand Preeminence of Parliament? The granting of Subſidies, & that under ſo prepoſterous a name as of a Benevolence, for that which is a Malevolence indeed; A Malevolence I am confident in thoſe that granted it, againſt Parliaments: and a Malevolence ſurely in thoſe that refuſe it, againſt thoſe that granted it, for how can it incite leſſe? when they ſee wreſted from them what they are not willing to part with, under no leſſe a penalty then the loſſe both of Heaven and Earth: of Heaven, by excommunication; and of the Earth By Deprivation; & this without Redemption by appeal. What good Chriſtian can think with patience on ſuch an inſnaring Oath, as that which is by the new Canons enjoyned to be taken by all Miniſters, Lawyers, Phyſitians, and Graduates in the Vniverſities? where, beſides the ſwearing9 ſuch an impertinence, as that things neceſſary to ſalvation are contained in Diſcipline; beſides the ſwearing thoſe to be of Divine right, which amongſt the learned, never pretended to it, as the Arch things in our Hierarchy. Beſides, the ſwearing not to conſent to the change of that, which the State may upon great reaſon thinke fit to alter: Beſides the bottomeleſſe perjury of an &c. Beſides all this, Mr. Speaker, men muſt ſweare that they ſweare freely and voluntarily what they are compelled unto: and laſtly, that they ſweare that Oath in the literall ſence, whereof no two of the makers themſelves, that I have heard of, could never agree in the underſtanding.
In a word, Mr. Speaker, to tell you my opinion of this Oath, it is a Covenant againſt the King, for Biſhops and the Hierarchy; as the Scottiſh Covenants is againſt them, onely ſo much worſe then the Scottiſh, as they admit not of the Supremacy in Eccleſiaſticall affaires, and we are ſworne unto it.
Now Mr. Speaker, for thoſe particular heads of grievances whereby our Eſtates and Properties are ſo radically invaded; I ſuppoſe (as I ſayd before) that it is no ſeaſon now to enter into a ſtrict Diſcuſſion of them; onely thus much I ſhall ſay of them, with application to the Countrey for which I ſerve, that none can more juſtly complaine, ſince none can more juſtly challenge exemption from ſuch burdens then Dorſet ſhire; whether you conſider its a Countrey ſubſiſting much by Trade; or as none of the moſt populous; or as expoſed as much as any to Forraigne Invaſion.
But alas Mr. Speaker, particular lamentations are hardly diſtinguiſhable in Vniverſall groanes.
Mr. Speaker, it hath beene a Metaphor frequent in Parlamant, and if my memory fayle me not, was made uſe of in the Lord Keepers Speech at the opening of the laſt, that what mony Kings rayſed from their Subjects,10 they were But as Ʋapors drawn up from the Earth by the Sunne, to bee diſtilled upon it againe in fructifying ſhowers. The Compariſon Mr. Speaker, hath held of late yeares in this Kingdome too unluckily: what hath bin raiſed from the Subject by thoſe violent attractions, hath beene formed, it is true, into Clouds, but how? to darken the Sunnes owne luſtre, and hath fallen againe upon the Land only in Hail-ſtones and Mildews, to batter and proſt rate ſtill more and more our liberties, to blaſt and wither our affections; had the latter of theſe beene ſtill kept alive by our Kings owne perſonall vertues, which wil ever preſerve him in ſpight of all ill Counſellours, a ſacred object, both of our admiration and loves.
Mr. Speaker, It hath beene often ſayd in this Houſe, and I thinke can never be too often repeated, That the Kings of England can do no wrong; but thogh they could Mr. Speaker, yet Princes have no part in the ill of thoſe actions which their Judges aſſure them to be juſt, their Counſellours that they are prudent, and their Divines that they are conſcientious.
This Conſideration, M. Speaker, leadeth mee to that which is more neceſſary farre, at this ſeaſon, than any farther laying open of our miſeries, that is, the way to the remedy, by ſeeking to remove from our Soveraign, ſuch unjuſt Judges, ſuch pernicious Counſellours, and ſuch diſconſcient Divines, as have of late yeares, by their wicked practiſes, provoked aſperſions upon the government of the graciouſeſt and beſt of Kings.
Mr. Speaker, let me not be miſ-underſtood, I levell at no man with a fore-layd deſigne, let the faults, and and thoſe well proved, lead us to the men: It is the onely true Parliamentary method, and the onely fit one to incline our Soveraigne. For it can no more11 conſiſt with a gracious and righteous Prince to expoſe his ſervants upon irregular prejudices; then with a wiſe Prince to with hold Malefactors, how great ſoever, from the courſe of orderly juſtice.
Let me acquaint you M. Speaker, with an Aphoriſme in Hippocrates, no leſſe Authenticke, (I thinke) in the body Politicke, then in the Naturall Thus it is Mr. Speaker, Bodies to be throughly and effectually purged, must have their Humors firſt made fluid and 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 clearely, they muſt be firſt looſened, unſetled, and extenuated, which can no way bee effected with a gracious Maſter, but by truely repreſenting them unworthy of his protection. And this leadeth mee to my Motion, which is; that a ſelect Committee may bee appointed to draw out of all that hath beene heere repreſented, ſuch a Remonſtrance as may be a faithfull and lively repreſentation unto his Majeſty of the deplorable eſtate of this his Kingdome, and ſuch as may happily point out unto his cleare and excellent judgment, the pernicious Authors of it. And that this Remonſtrance being drawne, wee may with all ſpeed repaire to the Lords, and deſire them to joyne with with us in it: And this is my humble motion.
I Riſe not now with an intent to ſpeake to the frame and ſtructure of this Bill, nor much by way of anſwer to objections that may be made; I hope there will be no occaſion of that, but that we ſhall concurre all unanimouſly in what concerneth all ſo Univerſally.
Onely Sir, by way of preparation, to the end that we may not be diſcouraged in this great worke by difficulties that may appeare in the way of it, I ſhall deliver unto you my apprehenſions in generall of the vaſt importance and neceſſity that wee ſhould goe thorow with it.
The Reſult of my ſenſe is in ſhort this: That unleſse for the frequent convening of Parliaments there be ſome ſuch courſe ſetled, as may not be eluded; neyther13 the people can be proſperous and ſecure, not the King himſelfe ſolidly happy. I take this to be the Vnum neceſſarium: Let us procure this, and all our other deſires will effect themſelves: if this bill miſcarry, I ſhall have left me no publike hopes, and once paſt, I ſhall be freed of all publike feares.
The eſſentialneſſe Sir of frequent Parliaments to the happineſſe of this Kingdome, might be inferr'd unto you by the reaſon of contraries, from the wofull experience which former times have had of the miſchievous effects of any long intermiſſion of them.
But Mr. Speaker, why ſhould we clime higher then the levell we are on, or thinke further then our owne Horizon, or have recourſe for examples in this buſines, to any other promptuary then our owne memories; nay then the experience almoſt of the youngeſt here?
The reflection backward on the diſtractions of former times upon intermiſſion of Parliament, and the conſideration forward of the miſchiefes likely ſtill to grow from the ſame cauſe if not remooved, doubtleſly gave firſt life and being to thoſe two dormant Statutes of Edward the third, for the yearly holding of Parliament: And ſhall not the freſh and bleeding experience in the preſent age of miſeries from the ſame ſpring, not to be paralleld in any other, obtaine a wakening, a reſurrection for them?
The Inteſtine diſtempers Sir, of former ages upon the want of Parliaments, may appeare to have had ſome other cooperative cauſes, as ſometimes, unſucceſſefull Warres abroad; ſometimes, the abſence of the Prince; ſometimes, Competitions of Titles to the Crowne; ſomtimes, perhaps the vices of the King himſelfe.
But let us but rightly weigh and conſider the poſture, the aſpect of this ſtate, both toward it ſelfe, and14 the reſt of the world, the perſon of our Soveraigne, and the nature of our ſuffering ſince the third of his Reigne. And there can be no cauſe coulorable inventible, wherunto to attribute them but the intermiſſion, or which is worſe, the undue fruſtration of Parliament, by the unluckly uſe if not abuſe of Prerogative in the diſſolving them.
Take in your view Gentlemen, a State in a ſtate of the greateſt quiet and ſecurity that can be fancied, not only in joyning the calmeſt peace it ſelfe, but to improve and ſecure its happy condition, all the reſt of the world at the ſame time in Tempeſt, in Combuſtions, in uncompoſable Warres.
Take into your view Sir, a King Soveraigne to three Kingdomes, by a Concentring of all the Royall lines in his Perſon, as undiſputably as any Mathematical ones in Euclide. A King firme and knowing in his Religion, eminent in vertue; A King that had in his owne time given all the Rights and Liberties of his Subjects a more cleare and ample confirmation freely and graciouſly, then any of his Predeceſſors (when the people had them at advantage) extortedly, I meane in the Petition of Right.
This is one Mappe of England, Mr. Speaker, A man Sir, that ſhould preſent unto you now, a Kingdome, groaning under that ſupreme Law, which Salus populi periclitata would enact. The liberty, the property of the Subject fundamentally ſubverted, raviſht away by the violence of a pretended neceſſity; a triple Crown ſhaking with diſtempers; men of the beſt conſcience ready to fly into the wilderneſſe for Religion. Would not one ſweare that this were the Antipodes to the other; & yet let me tell you Mr. Speaker, this is a Mappe of England too, and both at the ſame time true.
15As it cannot bee denyed, Mr. Speaker, that ſince the Conqueſt there hath not been in this Kingdome a fuller concurrance of all circumſtances in the former Caracter, to have made a Kingdom happy, then for theſe 12. yeares laſt paſt; ſo it is moſt certaine, that there hath not beene in all that deduction of ages, ſuch a Conſpiracie, if one may ſo ſay of all the Elements of miſchiefe thein ſecond Character, to bring a flouriſhing Kingdom, if it were poſſible, to ſwift ruine and deſolation.
I will be bold to ſay, Mr. Speaker, and I thanke God, wee have ſo good a King, under whom wee may ſpeake boldly of the abuſe by ill Miniſters, without reflection upon his perſon.
That an Accumulation of all the publike Grievances ſince Magna Carta, one upon another, unto that houre in which the Petition of Right paſt into an act of Parliament, would not amount to ſo oppreſſive; I am ſure not to ſo deſtructive a height and magnitude to the rights and property of the Subject, as one branch of our beſlaving ſince the Petition of Right.
The branch I mean, is the judgment concerning ſhip-money. This beeing a true repreſentation of England in both aſpects.
Let him, Mr. Speaker, that for the unmatcht oppreſſion and enthralling of free Subjects in a time of the beſt Kings raigne, and in memory of the beſt lawes enacted in favour of Subjects liberty, can find a truer Cauſe then the ruptures and intermiſſion of Parliaments. Let him and him alone be againſt the ſetling of this inevitable way for the frequent holding of them.
'Tis true Sir, wicked Miniſters have beene the proximate16 cauſes of our miſeries, but the want of Parliaments the primary, the efficient Cauſe.
Ill Miniſters have made ill times, but that Sir, hath made ill Miniſters.
I have read among the Lawes of the Athenians, a form of recourſe in their Oaths and vows of greateſt & moſt publique concernment of a three-fold Deity, Supplicium Exauditori, Purgatori, Malorum depulſori.
I doubt not but we here aſſembled for the Commonwealth in this Parliament, ſhall meet with all theſe Attributes in our Soveraigne.
I make no queſtion but he will graciouſly heare our Supplications, purge away our Grievances, and expell Malefactors, that is, remove ill Miniſters, and put good in their places.
No leſſe can be expected from his wiſdome and goodneſſe.
But let me tell you Mr. Speaker, if we partake not of one Attribute more in him; if we addreſſe not our ſelves unto that, I meane Bonorum Conſervatori; we can have no ſolid, no durable Comfort in all the reſt.
Let his Majeſty heare our Complaint never ſo Compaſſionately.
Let him purge away our Grievances never ſo efficaciouſly.
Let him puniſh and diſpell ill Miniſters never ſo exemplarily.
17Let him make choyce of good ones never ſo exactly.
If there be not a way ſetled to preſerve and keepe them good; the miſchiefes and they will all grow again like Sampſons Locks, and pull downe the Houſe upon our heads. Beleeve it M. Speaker, they will.
It hath been a Maxime amongſt the wiſeſt Legiſlators, that whoſoever meanes to ſettle good Lawes, muſt proceed in them, with a ſiniſter opinion of all Mankinde; and ſuppoſe that whoſoever is not wicked, it is for want only of the opportunity. It is that opportunity of being ill Mr. Speaker, that wee muſt take away, if ever wee meane to be happy, which can never be done, but by the frequencie of Parliaments.
No ſtate can wiſely be confident of any publique Miniſters continuing good, longer then the rod is over him.
Let me appeale to all thoſe that were preſent in this Houſe at the agitation of the Petition of Right. And let them tell themſelves truly, of whoſe promotion to the management of affaires doe they thinke the generality would at that time have had better hopes then of Mr. Noy, and Sir Thomas Wentworth, both having beene at that time, and in that buſineſſe as I have heard, moſt keen and active Patriots, and the latter of them to the eternall aggravation of his Infamous treachery to the Common-wealth be it ſpoken, the firſt mover, and inſiſter to have this clauſe added to the Petition of Right, that for the comfort and ſafety of his Subjects, his Majeſty would be pleaſed to declare his will and pleaſure, that all his Miniſters ſhould ſerve him according to the Lawes and Statutes of the Realme.
12And yet Mr. Speaker, to whom now can all the inundations upon our liberties under pretence of Law, and the late ſhipwrack at once of all our property, be attributed more then to Noy, and thoſe and all other miſchiefes whereby this Monarchie hath beene brought almoſt to the brinke of deſtruction, ſo much to any as to that Grand Apoſtate to the Common-wealth, the now Lieutenant of Ireland?
The firſt I hope God hath forgiven in the other world; and the latter muſt not hope to be pardoned in this, till he be diſpatcht to the other.
Let every man but conſider thoſe men as once they were.
The excellent Law for the ſecurity of the Subject enacted immediately before their comming to employment, in the contriving whereof themſelves were principall Actors.
The goodneſſe and vertue of the King they ſerved, and yet the high and publique oppreſſions that in his time they have wrought! And ſurely there is no man but will conclude with me, that as the deficience of Parliaments hath bin the Cauſa Cauſarum of all the miſchiefes and diſtempers of the preſent times; ſo the frequency of them is the ſole Catholicke Antidote that can preſerve and ſecure the future from the like danger.
Mr. Speaker, let me yet draw my Diſcourſe a little nearer to his Majeſty himſelfe, and tell you, that the frequency of Parliament is moſt eſſentially neceſſary to the power, the ſecurity, the glory of the King.
There are two wayes, Mr. Speaker, of powerfull9 Rule, eyther by Feare, 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 mooves a people principally to affection, and dearneſſe, towards their Soveraigne. He ſhall ſee that there needs no other Artifice in it, then to let them injoy unmoleſted, what belongs unto them of right: If that have beene invaded and violated in any kind, whereby affections are alienated: the next conſideration for a wiſe Prince that would be happy, is how to regaine them: To which three things are equally neceſſary.
The firſt, (God be thanked,) wee are in a good way of.
The ſecond in warme purſuit of.
But the third, as eſſentiall as all the reſt, till we be certain of a Trienniall Parliament, at the leaſt, I profeſſe I can have but cold hopes of.
I beſeech you then Gentlemen, ſince that ſecurity for the future is ſo neceſſary to that bleſſed union of affections, and this Bill ſo neceſſary to that ſecurity:
Let us not be ſo wanting to our ſelves; let us not be ſo wanting to our Soveraigne, as to forbeare to offer unto him, this powerfull, this everlaſting Philter, to Charme unto him the hearts of his people, whoſe vertue can never evaporate.
20There is no man, M. Speaker, ſo ſecure of anothers friendſhip, but will thinke frequent intercourſe and acceſſe very requiſite to the ſupport, to the confirmation of it: Eſpecially, if ill offices have beene done betweene them; if the rayſing of jealouſies hath beene attempted. There is no Friend but would be impatient to be debarred from giving his friend ſuccour and reliefe in his neceſſities.
Mr. Speaker, permit mee the compariſon of great things with little: what friendſhip, what union can there be ſo comfortable, ſo happy, as betweene a gracious Soveraigne and his people? and what greater misfortune can there bee to both, then for them to bee kept from entercourſe, from the meanes of clearing miſ underſtandings, from interchange of mutuall benefits?
The people of England, Sir, cannot open their Eares, their Hearts, their Mouthes, nor their Purſes, to his Majeſty, but in Parliament.
We can neyther heare Him, nor Complaine, nor acknowledge, nor give, but there.
This Bill, Sir, is the ſole Key that can open the way to a frequency of thoſe reciprocall indearments, which muſt make and perpetuate the happineſſe of the King and Kingdome.
Let no man object any derogation from the Kings Prerogative by it. Wee doe but preſent the Bill, '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 yeare, as in commanding a Parliament to be called this or that yeare: there21 is more of his Majeſty in ordayning primary and Vniverſall Cauſes, then in the actua•ing particularly of ſubordinate effects.
I doubt not, but that glorious King Edward the Third, when he made thoſe Lawes for the yearely Calling of Parliament, did it with a right ſence of his dignity and honour.
The truth is, Sir, the Kings of England are never in their Glory, in their Splendour, in their Majeſticke Soveraignty, but in Parliaments.
Where is the power of impoſing Taxes? Where is the power of restoring from incapacities? Where is the legiſlative Authority? Marry in the King, Mr. Speaker. But how? In the King circled in, fortified and evirtuated by his Parliament.
The King out of Parliament hath a limitted, a circumſcribed jurisdiction. But waited on by his Parliament, no Monarch of the Eaſt is ſo abſolute in diſpelling Grievances.
Mr. Speaker, in chaſing ill Miniſters, we doe but diſſipate Clouds that may gather againe, but in voting this Bill, we ſhall contribute, as much as in us lyes, to the perpetuating our Sunne, our Soveraigne, in his verticall, in his Noone day luſtre.
TWO things have fallen into debate this day.
The firſt, concerning the Londoners Petition, whether it ſhould bee committed or no.
The other, concerning the government of the Church, by Arch-biſhops, Biſhops, &c. whether it ſhould bee countenanced or no.
For the firſt, I doe not underſtand by any thing that I have yet heard, why the Londoners Petition ſhould not be committed, or countenanced.
The exceptions that are taken againſt it, are from the irregularities of the delivery of it, and from the Subject matter contained in it.
For the firſt, it is alledged that the long taile of this blazing ſtarre, is ominous, and that ſuch a number of Petitioners, and ſuch a number that brought the Petition to the Houſe, was irregular. Hereunto I anſwer, that the fault was either in the multitude of the Petitioners, or in their carriages, and demeanours: if a multitude13 finde themſelves agrieved, why it ſhould be a fault in them to expreſſe their grievances more than in one, or a few, I cannot ſee; nay, to me it ſeemes rather a reaſon that their Petitions ſhould be committed, and taken into ſerious conſideration, for thereby they may receive ſatisfaction, though all bee not granted that they deſire. But if wee ſhall throw their Petition behind the door, and refuſe to conſider it, that it may ſeeme an act of will in us. And whether an act of will in us, may not produce an act of will in the people, I leave it to your conſideration. Sure I am, acts of will are more dangerous there than here, becauſe uſually they are more tumultuous. All Lawes are made, principally for the quiet and peace of a Kingdome; and a Law may be of ſuch indifferent nature many times, that it is a good reaſon to alter it, onely, becauſe a great number deſires it, if there were nothing elſe in it, and therefore I doe not ſee that the number of Petitioners is any good reaſon, why it ſhould not bee committed, but rather the contrary.
Now for their carriage, there came indeed, three or foure hundred of the 15000, ſome of the better ſort of them, and there might bee good reaſon for it. I have heard that there was brought a Petition to ſome privie Counſellours, with a thouſand hands to it, and being brought onely with ſixe men, they were anſwered, that they ſixe might write thoſe thouſand hands; if there were a thouſand that joyned 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 onely. 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,24 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 irrationall, for that they argue from perſonall faults of Biſhops againſt the office it ſelfe of Biſhops, and in other things argue from effects that proceed from it by accident, as if they did flie out of it.
And in the laſt place, that their prayer and concluſion is bold and preſumptuous, deſiring ſo boldly an abolition of ſtanding Lawes.
To the firſt I anſwer, that ſome things may ſeeme 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 looſeneſſe and prophaneſſe (which will helpe to bring in ſuperſtition) is more ſutable to their hierarchy than the contrary, which makes them connive at ſuch things as are apt to produce looſeneſſe and lewdneſſe, and this is no contemptible effect, nor doth it proceed from a contemptible cauſe.
In the next place, for that which ſeemes irrationall in the way of their diſcovery, divers things may ſeeme to bee perſonall faults, which indeed are derived unto the perſons from the office, or from the circumſtances thereof, I meane 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 painfull Preachers, bringing in Innovations in Doctrine, and worſhip, and the like; although they may ſeeme perſonall and accidentall faults, yet if wee follow them to their laſt reſort, wee ſhall find that their worldly wealth and dignities ſtirre them up to doe this, that their ſole and arbitrary power25 over the Clergy, and in matter Eccleſiaſticall, enable them to effect it, and the ceremonies both new and old ſerve as inſtruments, and meanes, whereby they effect it.
In the laſt place, that their Prayer in the concluſion of their Petition, is bold or preſumptuous, I doe not ſee there is any reaſon ſo to eſteeme of it: for if they had taken upon them to have altered any thing upon their owne authority, or had imperiouſly required the Parliament to doe it, then it might deſerve ſuch a ſtile: but when they come as humble ſuppliants, by way of Petition, deſiring the altering of Lawes, that have been found burdenſome unto them, and that of the Parliament, where, and wherein onely old lawes may bee repealed, and new Lawes 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, &c. which alſo hath beene ſpoken unto; whereas it is deſired, that the evills, and inconveniences ſhould be ſhewed which ariſe not from the perſons, but from the office it ſelfe of Biſhops, I ſhall apply my diſcourſe particularly to that poynt. But firſt, I ſhall crave leave to ſay a word or two, in anſwer to what hath beene alledged 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 doe not pretend to have ſo much knowledge in antiquity, as to confute this out of the Fathers and Eccleſiaſticall Hiſtories; (although there are that undertake that) onely one ſentence I have often heard cited out of Saint Ierome, that in the Primitive times, Omnia26 communi Clericorum Concilio regebantur: and truely ſo farre 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 betweene a Biſhop and a Presbyter, but that they were one and the very ſame thing. In the next place, that which is alledged for the credit of Epiſcopacy, is, that our Reformers and Martyrs were many of them Biſhops, and practiſed many of thoſe things now complai•ed 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 doe not underſtand that that was any part of their Reformation, nor of their Martyrdome; I have read, that whereas Ridley and Hooper had ſome difference betweene them in their life time about theſe things, when they came both to their martyrdome, he that had formerly beene the Patron of this Hierarchy, and Ceremonies, told his brother, that therein his fooliſhneſſe had contended with his wiſedome. 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 Biſhopricks, I meane the Dignities and Revenues of Biſhops, but that they deſire Biſhops as thinking it the fitteſt and beſt Government of the Church, I cannot beleeve, for if they would have Biſhops, why doe they not make themſelves Biſhops? I know not what hindreth, why they might not have Biſhops when they would. In the laſt place, for that which is alledged in relation to the government of this Kingdome, that Biſhops are ſo neceſſary, as that the King cannot well let them goe with the ſafety of Monarchy, and that if Biſhops bee taken away, Aſſemblies, or ſomething muſt come in the roome thereof. And if Kings ſhould bee ſubject thereunto, and ſhould happen to be excommunicated thereby, that after they would bee little esteemed, or obeyed as Kings: for27 this, if it ſhall be cleared, as it is affirmed, or if any thing therein doe ſtrike at Monarchy, I ſhall never give my vote, nor conſent thereunto as long as I live. But to cleare that this is not ſo, I offer to your conſideration, that by the Law of this Land not onely all Eccleſiaſticall Juriſdiction, but alſo all ſuperiority, and preheminence over the Eccleſiaſticall ſtate, is annexed to the Imperiall Crowne of this Realme, and may bee granted by Commiſſion under the great ſeale, to ſuch perſons as his Majeſtie ſhall thinke meet: now, if the King ſhould grant it to a certaine number of Commiſſioners, equall in authority, as hee may doe, this were an abolition of Epiſcopacy, and yet not diminution of Monarchy; But the truth is, Epiſcopacy is a kind of Monarchy under a Monarchy, and is therein altogether unlike the Civill Government under his Majeſtie: for the King being a common head over the Eccleſiaſticall ſtate and the Civill, we ſhall finde that in the exerciſe of Civill Juriſdiction, in all Courts under his Majeſty, it is Ariſtocraticall, and placed in many, and not in one, as appeareth in this high Court of Parliament, in the inferiour Courts of Weſtminſter Hall, and in the Sizes, and Seſſions in the Countrey, which are held by many Commiſſioners, and not onely by one, or his Deputies, and Commiſſaries, as it is in the exerciſe of Eccleſiaſticall government. As to the point of Excommunication, ſuppoſing that it did diſſolve naturall and civill bonds of duty, as it doth not, it might indeed be as terrible to Princes, as it is repreſented. But I reaſon thus, either Princes are ſubject to Excommunication, or they are not: if they bee not, then they need as little to feare a Presbyterie or an aſſembly, as a Biſhop in that reſpect; if they bee, they have as much to feare from Biſhops, at leaſtwiſe from Biſhops in their Convocations, as from Presbyters in their Aſſemblies; and ſo much the more, becauſe they have formerly felt the thunderbolts of thoſe of26〈1 page duplicate〉27〈1 page duplicate〉28that ſtampe, but never from this latter ſort. And now Sir, I proceede to repreſent unto you the evills, and inconveniences that doe proceede from the government and Ceremonies of the Church, and truely in my opinion, the chiefe and principall cauſe of all the evills which we have ſuffered, ſince the Reformation in this Church and State, hath proceeded from that diviſion which ſo unhappily hath ſprung up amongst us, about Church government, and the Ceremonies of the Church, and from which part in that diviſion, I beleeve, it will appeare in the particulars. I know well there is a great diviſion, and that upon great matters, betweene us and the Papiſts, and I am not ignorant that there have beene great and ſore breaches made upon our Civill Liberties, and the right of our proprieties.
But yet ſtill I returne to my former poſition, that the chiefe and moſt active cauſe hath proceeded from the Government and Ceremonies of the Church, and that thoſe other cauſes have either fallen into it, and ſo acted by it, or iſſued out of it, and ſo acted from it. As for Popery, I conceive that to have beene a cauſe that hath fallen into this, and acted by it; for at the Reformation it received ſuch a deadly wound by ſo many ſharpe Lawes enacted againſt it, that had it not beene enlivened by this diviſion amongſt us, it could never have had influence upon our Church and State to have troubled them, as this day wee feele; but finding that in this diviſion amongſt us, one party had need of ſome of their principalls to maintaine their Hierarchy, together with their worldly pompe and Ceremonies, which are appurtenances thereunto; from hence they firſt conceived a ground of hope, and afterwards found meanes of ſucceſſe, towards the introducing againe of their ſuperſtition and Idolatry into this Realme; and they wrought ſo diligently upon this foundation, that they have advanced their building very farre, and how neare they were to29 ſet up the Roofe, I leave it to your conſideration. As for the evills which we have ſuffered in our civill liberty, and the right of our proprieties, J conceive they have proceeded out of this, and ſo acted from it; for if there had beene no breaches of Parliaments, there would have bin no need to have had recourſe unto thoſe broken Ciſternes, that can hold no water; but there being a ſtoppage of Parlamentary ſupplyes, that was an occaſion of letting in upon us ſuch an inundation of Monopolies, and other illegall taxes, and impoſitions, accompanyed with many other heavy and ſore breaches of our Liberties. Now there needed not to have beene any breaches of Parliaments, had there not beene ſomething diſliked in them, and what was that? it could not bee any of theſe civill matters that bred the firſt difference, for they have proceeded out of it, therefore I conceive it was this: The Prelates with their adherents (the Papiſts alſo concurring with them for their intereſt) did alwayes looke upon Parliaments with an evill eye, as no friends to their offices and functions, at leaſtwiſe to their Benefices and Dignities, and therefore (ſome of them having alwayes had the grace to bee too neare to the Princes eates) they have alwayes endeavoured to breed a diſ-affection in Kings from Parliaments, as the Preſſe and Pulpit doe abundantly witneſſe, and Ballads too, made by ſome of them upon the breaches of Parliaments. But wee have a freſh and bleeding inſtance of this in the confirmation in his Majeſties name, which they procured to be prefixed before their new Booke of Canons, wherein they have endeavoured to make this impreſſion upon his Majeſties Royall minde, that the Authors and Fomenters of the jealouſie in reſpect of the new Rites and Ceremonies lately introduced into the Church, which wee call innovations, did ſtrike at his Royall perſon, as if hee were perverted in his Religion, and did worſhip God in a ſuperstitious way, and intended to bring in ſome Innovation in30 matter of Religion. Now Sir, who are the authors of thoſe jealouſies? did they not come as complaints in the Petitions from the bodies of ſeverall Counties the laſt Parliament, and from more this preſent Parliament? and who were the fomenters of thoſe jealouſies? did not the generall ſence of the laſt Parliament concurre in it, that they were Innovations, and that they were ſuſpitions, as introductory to ſuperſtition? Nay, I appeale to all thoſe that hear me, which are drawn from al parts of the Kingdom, whether this be not the generall ſence of the greateſt and moſt conſiderable part of the whole Kingdom? I beſeech you then to conſider, what kind Offices theſe men have done between the King and the Parlament, between the King and Kingdom, I ſpeak of the greateſt and moſt conſiderable par•s, as giving denomination to the whole. And now Sir, as we have caſt our eye backwards, if wee will looke forwards, how doe the clouds thicken upon us, and what diſtractions, yea what dangers doe they threaten us withall, proceeding ſtill from the ſame root of Church Government and Ceremonies? and truely as things now ſtand, I ſee but two wayes, the one of Deſtruction, the other of Satisfaction; Destruction I meane of the oppoſite partie to the Biſhops, and the Ceremonies, and reducing of all to Canonicall obedience, by faire meanes or by foule: this way hath beene already tryed, and what effect it hath brought forth in our neighbour kingdome, wee well know, and it is like to produce no very good effect in this Kingdome, if mens ſcruples and reaſons in that behalfe ſhall bee onely anſwered with Priſons, and Pillories, and hard Cenſures, that I may ſpeake most ſoftly of them. I hold therefore, that the other way of ſatisfaction is the ſafeſt, the eaſieſt, and the onely way. And that is to take into conſideration, the ſeverall heads of the evills, which are cauſes of theſe complaints, and to finde out, and apply the proper remedies thereunto. For the furtherance whereof, I ſhall make31 bold with your patience (which I am very unwilling to tire, but muſt tire my owne Conſcience if I ſhould not diſcharge it upon this occaſion) to repreſent a briefe Modell of the ſeverall heads and ſprings from whence the evills, which are cauſes of theſe complaints, doe naturally or occaſionally ariſe. The evils complained of, doe either ariſe from perſons, or from things; thoſe faults that are perſonall are beſides the poynt that I intend to ſpeake to, there is one onely remedy for them, that is, by puniſhment and removall of ſuch perſons, and the putting of better in their roome. As for thoſe evills which proceed from things, they alſo are remedied by a removall of ſuch things as are evill, and the putting of better in their roome; the evills and inconveniences of this kinde doe principally flow, either from the Clergies Offices and functions, or from their Benefices and Dignities; thoſe that ariſe from their Offices and functions, doe ariſe naturally either from the Lawes and Conſtitutions whereby, and according to which they exerciſe their Offices and functions, or from the Government it ſelfe, wherein they exerciſe thoſe functions. The faults that I note in the Eccleſiaſticall Lawes are, that they hold too much of the Civill Law, and too much of the Ceremoniall Law: Of the Civill Law, in reſpect of all thoſe Titles concerning Wills, and Legacies, tithes, marriages, adulteries, which all belonging to the Civill juriſdiction, and are no more of ſpirituall conſideration, than rapes, thefts, fellonies, or treaſons may bee. Sir, it is good that every bird ſhould have his owne feather, and I remember when one came to our Saviour Chriſt, to deſire him that hee would cauſe his Brother to divide the inheritance with him, hee asked him; who made him a Iudge of ſuch things: and may not we aske, who made them that take themſelves to bee ſucceſſours of Chriſt and his Apoſtles, Judges of ſuch32 things? Many inconveniences ariſe from hence; Firſt that the mindes of Clergie men are inured unto Civill Dominion, and to meddle with civill matters. Secondly, the manner of their proceedings, is turned from a Spirituall way into the faſhion of Proceſſes in Temporall Courts. And laſtly, which is worſt of all, by this meanes the Spi•i•uall Sword comes to bee unſheathed about ſuch things as doe not at all fall under the ſtroake thereof. Many are excommunicated for Pigges, Apples, and Nuts, and ſuch like things. But the other fault which I noted in the Eccleſiaſticall Lawes and Conſtitutions, pincheth us more, which is, that they hold too much of the Ceremoniall 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 certaine number of Ceremonies in the judgement of ſome men unlawfull, and to bee rejected of all Churches, in the judgement of all other reformed Churches to bee rejected by them, and in the judgement of our owne 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 faithfull, 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 calamities33 and dangers, which we feele, and which wee feare, 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 Councell of Parliament, to take a view of them, and if there be a neceſsity to retaine them, let them be retained; but if not, then let us remove them, before they ruine us. As to the evills and inconveniences that ariſe out of the government it ſelfe, I ſhould have noted ſomething amiſſe, as well in the legiſlative part, as in the executive part, but in the former I am prevented, by what hath beene already voted concerning the Power of making Canons: which votes if they bee 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 truely the Church of England, nor yet in the hands of thoſe that were truely 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 Eccleſiaſticall Juriſdiction, therein I note alſo two diſorders, Confuſion, and Corruption; Confuſion of the Spirituall Sword with the Temporall; Laymen ſtrike with the Spirituall ſword, and Spirituall men with the Temporall 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 unlawfull for Clergie-men to exerciſe civill juriſdiction, becauſe I know it is a queſtion, but yet ſuch a queſtion as hath bin determined by divers Canons of generall Councels, and by ſome that were made in Synods of the Church of England, that it is unlawfull, 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 not34 poſſible for one man to diſcharge two Functions, whereof either is ſufficient to imploy the whole man, eſpecially that of the Miniſtery ſo great, that they ought not to entangle themſelves with the affaires of this world. A third ground not ſo well obſerved generally, as in one part thereof, is this, That Miniſters of the Goſpell, being ſent eſpecially to gaine the Soules of men, they are to gaine 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 bee in a way of Iuſtice, and therefore as it is well knowne, that Clergy men are not to be preſent in judicio ſanguinis; ſo the ſame reaſon extends it ſelfe to the adminiſtration of all Civill juriſdiction, and therefore we may obſerve that our Saviour Chriſt, as hee alwayes rejected all Civill judicature, ſo on the other ſide, he went up and downe healing mens bodies, and otherwiſe doing good to their outward eſtate, that his Doctrine might have a freer and fairer paſſage into their Soules. For the corruption that I ſpoke of in the exerciſe of Eccleſiaſticall juriſdiction, I doe not meane any perſonall corruption, but a deviation or aberration from the preſcript of the Divine Rule: And though it bee not eaſie to finde 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 extendes either to the Clergy onely, 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 wholy 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 doore ſhall be ſhut againſt able and painful preaching Miniſters, and a wide doore ſet open to ſuch35 as are unable, and unfit for that function: many and great and dangerous evills ariſe from hence. As firſt, that there is a conſtant bate and fewd between the Eccleſiaſticall State and the Civill, betweene Prelates and Parliaments, betweene the Canon Law and the Common Law, betweene the Clergy and the Common-wealth, ariſing from the Diſproportion and Diſſimilitude which is betweene the Civill and Eccleſiaſticall Government, however it may ſeeme to ſome to agree well enough, but the truth is, if we conſider his Majeſty as the Commonhead over the Eccleſiaſticall State, as well as the Civill, wee ſhall finde that in the exerciſe of all Civill juriſdiction, in all Courts under his Majeſty, the power is not in any one, or his Deputies and Commiſſaries, as it is in the Eccleſiaſticall Government, in the ſeverall Dioceſſes throughout this Kingdome: If wee looke firſt upon the Higheſt and greateſt Court, the High Court of Parliament, wee know that is a Councell, and a great Councell too. In like manner, in the inferiour 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 equall condition unto him, (I meane the Juries,) which are Iudges of the Fact, both in cauſes Civill and Criminall. 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 Civill Government, every man from the greateſt to the leaſt, hath ſome ſhare in the Government according to the Proportion of his Intereſt in the Common-wealth: But in the Government of the Church, all is in the hands of one Man, in the ſeverall Dioceſſes, or of his Chancellors, or Commiſſaries, and he exacts Canonicall Obedience, to his Pontificall Commands, with a totall 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 the36 Common-wealth. (Sir) untill the Eccleſiaſticall government be framed ſomething of another twiſt, and be more aſſimilated unto that of the Common-wealth, I feare the Eccleſiaſticall government will bee no good neighbour unto the Civill, 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 doe not beleeve, that I utter Propheſies, but what wee have already found and felt.
A ſecond, and that a great evill, and of dangerous conſequence, in this ſole and arbitrary power of Biſhops over their Clergy, is this, that they have by that meanes, a power to place, and diſplace the whole Clergy of their Dioceſſe 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 Dioceſſe; for if I hold the one, but at the will and pleaſure of one man, (I meane the Miniſtery under which I muſt live) I can have but little, or at leaſt no 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 Dioceſſes, according to their pleaſure, wee know what an Influence they may have by them upon the people, & that in a ſhort time they may bring them to ſuch blindneſſe, and ſo mould them alſo to their owne wills, as that they may bring in what Religion they pleaſe: nay, having put out our eyes, as the Philiſtins did Sampſons, they may afterwards make us grinde, 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 beene forward enough to doe. Now whether it be ſafe to walke upon Stilts on the top of the pinacles of the Temple, upon ſo high precipices, as are the matters of Religion and Conſcience (which may have alſo a dangerous Influence upon our civill liberties) I leave it to your conſideration: for my part I37 ſhould not thinke it ſafe, that ſuch a power ſhould bee in any one man, though you ſuppoſe him to be a very good man.
A third evill, and that of dangerous conſequence, is that the doore is ſhut againſt able and painfull Preaching Miniſters, and a wide doore ſet open to thoſe that are unable, and unfit for that function, and the Biſhops intereſt is concerned in it, that it ſhould bee ſo, Intereſt of honour, Intereſt of profit, and Intereſt of power, Intereſt of credit; for they ſee that thoſe painfull Preachers carry away all the credit from them, and they neither can nor will doe the like themſelves: they cannot by reaſon they are ſo intangled with the affaires of this world, and civill juriſdiction; they will not, their great Dignities and Honours make them ſo ſtately, that they thinke it is not Epiſcopall to preach often; and on the other ſide, they are ſo fat, and live ſo much at their eaſe, that through idleneſſe they cannot bring their mindes unto it, and ſo firſt ariſeth envy againſt thoſe that doe take paines, 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 gaine will after ceaſe, and that the people will thinke much, that ſome men ſhould take all the paines, and other goe away with all the profit.
Laſtly, their Intereſt is concerned in it, in poynt of power, for they finde that neither ſuch preaching Miniſters, nor their Auditors, are ſo plyable to yield blinde Canonicall obedience, as others are: and ſo it concernes them in poynt of power to ſtop their mouthes.
And now it muſt needes 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 concernes them in their profits, to ſet the doore very38 wide open, where there is no ſuſpition of refractorineſſe: Firſt, we know Biſhops have many times Livings 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 onely the Biſhop, and his Regiſter, but alſo his Uſher, his Chamberlaine, his Butler, and Porter, and almoſt all his meniall ſervants muſt have their fees, before the poore Clerke with his Boxe full of Orders can paſſe the Porters Lodge. I heare much of the legall 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 ſeemes to be out of poynt, for Excommunication is neither in right hands, nor exerciſed upon right grounds and matters, nor in a right forme and manner, nor to right ends, and then it is no marvell 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 bee a Church, ſounds ſtrangely in my eares. In the next place (I boſeech you Sir) conſider about what their Spirituall 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 Civill Law anſwer hereunto in this houſe, that the Excommunication was not for the thing, but for the contempt, and the leſſe the thing was, that was commanded,39 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 deepe a cenſure, as to caſt a man downe into Hell. Suppoſe a Magiſtrate ſhould command ſome triviall matter, ſome ceremony or other, under pain of treaſon, and ſhould proceed againſt the Infringers of his command as Traytors, 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 farre loſe it ſelfe, as to lay ſo great a weight upon ſo ſmall a matter, it rend reth it ſelfe contemptible, and then it is no marvaile (I had almoſt ſayd) it is no fault, if it bee contemned, having made it ſelfe contemptible. Then Sir, for the forme of proceeding, it is no whit ſpirituall, there is no faſting and prayer, no ſeeking to reclaime the ſinner, but rather it is after the faſhion of a ſummary Proceſſe in a civill Court, nay, Sir, it is accompanyed ſometimes with an intimation that no man ſhall buy or ſell with the perſon excommunicated, nor ſet him a worke, nor doe any civill or naturall offices unto him. As wee had a complaint brought in this Parliament, of a Sonne that was excommunicated onely 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 Canonicall obedience, which is the Ordinaries will and pleaſure, and I have ſometimes ſeene 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 nationall Church, and for the honour of the Chriſtian Religion, let the high and great cenſure of the Church no longer lackey after fees, let not40 Chriſtians any longer be eaſt to Sathan, in the name of Ieſus 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 dreadfull cenſure of Excommunication is thereby made contemptible, and were it not for the civill reſtraints, and penalties that follow upon it, no man would purchaſe an abſolution, though he may have it for a halfe-peny. 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 ſoules to repentance, by their Excommunications; (Sir) for abſolution, it is relative to excommunication, and ſo labours of the ſame diſeaſes: onely 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 voyd, 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, &c. hath already beene ſufficiently ſpoken unto, in the debate about the Canons, and therefore there will bee no need of ſpeaking more to that. Now Sir, I am come to my laſt head, wherein I ſhall be very briefe; and that is concerning the evills 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 over-great and monſtrous, and the lower parts pine away: and ſo it is in the Clergy, ſome are ſo poore, that they cannot attend their Miniſtery, but are faine to keepe ſchooles, nay, Ale-houſes ſome of them; and ſome others are ſo ſtately, they will not attend their Miniſtery, and ſo between them the flock ſtarves: but41 our evills have more eſpecially proceeded from the exceſſive worldly wealth, and dignities of one part of the Clergie, I meane ſuch as either are in poſſeſſion, or in hopes of Biſhopricks, for theſe great places of profit and honour, firſt, have beene the baites 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 baites of ambition, and I know not by what ſecret cauſe, but experience ſheweth 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 Goſpell, and the example of Chriſt and his Apoſtles, cannot but beare witneſſe againſt their wordly pomp and dignities, and ſo the fire of contention breaketh forth. And truely (Sir) the ſtate of the Clergy is very like to fire, which whilſt it keeps in the Chimney, it is of excellent uſe to warme thoſe that approach unto it, but if it once breake out into the houſe, and get upon the houſe top, it ſets all on fire: ſo whilſt the Clergy keepe themſelves within the pulpit, they are of great uſe to ſtirre up the zeale and devotion of Chriſtians, but if they once flye out into the houſe, if they begin to meddle with Civill places and juriſdictions, and eſpecially if they once get up to the Counſell-table, it is ſeldome ſeene, but that at length they ſet all on fire; and what is it that maketh the fire to breake out of the chimney, but too much fuell? if there be but a moderate proportion of fuell, the fire keepes it ſelfe within its bounds, but if you heape faggot upon faggot, a whole Cart load together, then it breaketh out: (So Sir) if there bee a competent maintenance for the Miniſtery, they will42 keep themſelves within their bounds, but if Living be heaped upon Living, and Temporalities added to Spiritualities, the flame will ſoone breake out, and ſet the houſe on fire. (Sir) I doe not envy the wealth or greatneſſe of the Clergy, but I am very confident, if thoſe were leſſe, they would be better, and doe more ſervice to Chriſt and his Church; and I am very clear in mine owne heart, that the livings of the Clergy being more equally diſtributed, the ſervice of God would be ſo farre from receiving any prejudice, that it would bee much advanced, and withall a good proportion of revenue might returne againe to the Crowne, from whence it was firſt derived. (Sir) Biſhopricks, Deanries, and Chapiters, are like to great waſters in a Wood, they make no proofe themſelves, they cumber the ground whereon they ſtand, and with their great Armes and Boughes ſtreiched forth on every ſide, partly by their ſhade, and partly by their ſowre droppings, they hinder all the young wood under them from growing and thriving. To ſpeake plaine Engliſh, theſe Biſhops, Deanes, and Chapiters, doe little good themſelves by preaching, or otherwiſe; and if they were felled, a great deale of good timber might be cut out of them, for the uſes of the Church, and Kingdome at this time. A freſh ſtoole of three or foure able Miniſters might ſpring up in their ſtead to very good purpoſe in theſe great Townes, which are Ordinarily the Seats of thoſe Epiſcopall, and Collegiate Churches, and the private Congregations of divers Parochiall Churches might thrive and grow better, which now have the Sunne of Gods Word, I meane the cleare and ſpirituall preaching thereof kept from them, and live in the dangerous ſhade of ignorance, by reaſon that all the meanes is taken from them, and appropriated unto Biſhops, or to Deanries, and Chaptiers, and other ſuch Collegiate Churches. Beſides, ſuch as doe begin to grow and ſtart up through the voluntary pains43 of ſome amongſt them, or ▪ by ſuch preaching as they themſelves have procured by their voluntary contributions, ſhould not ſtill bee dropped on as they are from the armes and appendances of thoſe great waſters, and kept downe continually by their bitter perſecutions. That which remaines now, is to ſhew how theſe great Revenues and Dignities, become the ſeedes of ſuperſtition, and that is this: The Clergy in the maintenance of their greatneſſe, which they are neither willing to forgoe, nor yet well able to maintaine upon the principles of the Reformed Religion, finding that the popiſh principles, whereon the Biſhop of Rome built his greatneſſe, to ſuit well unto their ends, that maketh them to ſide with that party, and that muſt needs bring in ſuperſtition: and as ambition allureth on the one ſide, ſo the principles they goe by, draw them on farther and farther, and happily at length farther than they themſelves at firſt intended. Whether a reconciliation with Rome, were imagined or no by ſome I leave it to every one to judge within himſelfe: But ſure I am, if an accommodation could have beene made in ſome faſhion or other, with the Church of Rome, the Clergy might againe be capable of forraigne preferments, and Cardinals Caps, and this is no ſmall temptation. Now Sir, I am at an end, onely I ſhall draw out three concluſions, which I conceive may clearely be collected out of what I have ſaid. Firſt, that civill juriſdiction in the perſons of Clergy-men, together with their great Revenues, and high places of dignity, is one great cauſe of the evills which we ſuffer in matter of Religion. Secondly, that the ſole and arbitrary power of Biſhops in the ordaining and detriving of Ministers, and in Excommunication, and abſolution, is another great cauſe of the evills we ſuffer in matter of Religion. Thirdly, the ſtrict urging of Subſcription, and Conformity to the Ceremonies, and Canons of the Church is another great cauſe of evill, which wee ſuffer in matter of Religion.
44And now my humble motion is, that we ſhould take a piece onely of this ſubject into our conſideration, but the whole matter, and that not onely that part of the Miniſters Remonſtrance, which hath beene read, ſhould be referred to the Committee which you are about to name, but Londons Petition alſo, and all other Petitions of the like nature, ſo ſoone as they ſhall bee read in the houſe, and that the Committee may collect out of them all ſuch heads as are fit for the conſideration of this houſe, and ſurely that is fit to bee conſidered, that happily will not be thought fit to be altered: conſideration is one thing, and alteration another: where there is a mixture of bad and good together, the whole muſt bee conſidered, that we may know how to ſever the good from the bad, and ſo retaine the one, and reject the other, which is all that I deſire. And if any thing have fallen from me more inconſiderate (as in ſo long a diſcourſe many things may have done) I humbly crave the pardon of the houſe, proteſting that I have ſpoken nothing but with a minde which is ready to ſacrifice the body it dwelleth in, to the peace and ſafety of his Majeſties Kingdomes, and the ſafety and honour of his Majeſty in the Government of them.
I AM commanded by the Houſe of Commons to preſent to your Lordſhips a Declaration and Impeachment againſt Dr. Coſſens, and others, upon the complaint of Mr. Peter Smart; which Mr. Smart was a Proto-Martyr, or, firſt Confeſſor of note in the late dayes of perſecution. The whole matter is a Tree, whereof the branches and fruit are manifeſt in the Articles of this declaration; which being read, I ſhall with your Lordſhips favour diſcover and lay open the root.
The Declaration was read, and then He proceeded thus:
I AM now to diſcover the root of Mr. Smarts Perſecution.
Your Lordſhips have heard of a great Deſigne to bring in Popery; you have heard of Armies of Souldiers, and particularly of the Popiſh Iriſh Armie, the burthen and Complaint of the Commons. But there is another Army not ſo much ſpoken of, and that is an Army of Prieſts: for ſince Altars came in (ſo they delight to be called,) it is a ſaying of Gregory the Great, that when Antichriſt comes, Preparatus est exercitus Sacerdotum: There is an Armie of Priests ready to receive him: this is fulfilled in our time; for certainty this Army of Prieſts doth many wayes advance the deſigne and plot of Popery. A firſt is by the ſubverſion of our Lawes, and Government: our Lawes and Popery cannot ſtand together; but either Popery muſt overthrow our Lawes, or our Lawes muſt over throw Popery: but to overthrow our Lawes they muſt overthrow Parliaments; and to overthrow Parliaments, they muſt overthrow property; thy muſt bring the Subjects goods to be arbitrarily diſpoſed that ſo there may bee no need of Parliament; this hath bind done by Dr. Maynwaring, (whom we finde wanting yet not in the ſeats, but in the Bar of the Lords houſe) and the like by Dr. Beale: and I think it was the intention of the late Canons.
A ſecond way, by which this Army of Prieſts advanceth the Popiſh Deſigne, is the way of Treatie. This hath bind acted both by writings & conference: Sancta Clara himſelfe ſaith, 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 meete him in that way: we have a teſtimony that the great47 Arch-Priest himſelfe hath ſaid; It were no hard matter to make a reconciliation, if a wiſe man had the handling of it. But I verily beleeve, that as the ſtate of Papacie ſtands, a farre wiſe man than bee cannot reconcile Us, without the loſſe of our Religion. For the Pope being faſtned to his Errors, even by his Chaire of Inerrability, hee ſits ſtill unmoved, and ſo wee cannot meete, except we come wholly to him. A man ſtanding in a Boat tyed to a Rocke, when he drawes the Rope, doth not draw the Rocke to the Boat, but the Boat to the Rock. And Sancta Clara doth (in this ſomewhat honeſtly) confeſſe it: for he ſaith he dealt in this way of Treatie, not to draw the Church to the Proteſtants; but the Proteſtants to the Church.
A third way is a way of violence, this violence they exerciſe partly by Secular Armes, and partly by Prieſtly Armes, which they call Spirituall: for Secular Armes we have their owne confeſſion, that the late warre was Bellum Epiſcopale; and we have the Papiſts confeſſion, that it was Bellum Papale; for in their motives, they ſay, That the warre concernes them not onely as ſubjects, but as Catholikes, for ſo they falſely call themſelves: and if it be ſo, then Bellum Epiſcopale, is alſo Bellum Papale: in the Epiſcopall Warre, the Papall cauſe is advanced: For the Spirituall Armes, thus they come to execution.
When a great Man is comming, his Sumpters, his Furniture, his Proviſions goe before: the Popes Furniture, Altars and Copes, Pictures and Images are come before; (and if wee beleeve Dr. Coſſens) the very ſubſtance of the Maſſe; a certaine ſigne that the Pope was not farre off. Now theſe fore-tunners being come, if any man reſiſt them, Fire comes out of the Brambles, and devoures the Cedars of Lebanon; the Army of the Prieſts falls upon him with their Armes of Suſpenſion, Sequeſtration, Excommunication,48 Degradation, and Deprivation. And by theſe Armes hath Mr. Smart beene oppreſſed and undone. Hee falls upon their Superſtitions, and Innovations, and they fall upon him with their Armes, they beate him down, yea they pull him up by the rootes, taking away all his meanes of maintenance and living; yet they leave him life to feele his miſeries; Ita feriunt, ut diu ſe ſentiat mori; there is no cruelty to Prieſty cruelty; theſe are they that did put our very Saviour to death: the Calling is Reverend, but the Corruption of it moſt pernicious; Corruptio optimi peſsima: I know no reaſon of this change, except it be that of the Apoſtle: Becauſe when they knew God, they did not worſhip him as God, but made a God of the World, placing the excellency of Priesthood in worldly pompe and greatneſſe, and gave the glory of the inviſible God, to Pictures, Images, and Altars: therefore God gave them up to vile affections, to be implacable, unmercifull, and without naturall affection. But whatſoever the cauſe is of their Corruption; certainly their Armes have fallen heavily upon Mr. Smart, and Prieſtly cruelty hath caſt him into a long miſery, from which he could get no releaſe by any Prieſtly mercy.
And now it is prayed, that as theſe Delinquents by the cruell oppreſsions of Mr. Smart have advanced the Cauſe of Popery, ſo they may in ſuch a degree of Iustice bee puniſhed, that in them Prieſtly cruelty, and the very cauſe of Popery may appeare to be puniſhed and ſuppreſſed, and that Mr. Smart ſuffering for the Cauſe of Proteſtancy may bee ſo repaired, that in him pious Conſtancy, and the very Cauſe of Proteſtancy may appeare to be righted and repaired.
NOW that we are about to brand theſe Canons in reſpect of the matter contained in them, it is the proper time to open the fouleneſſe thereof: and though much of this hath beene anticipated in the generall debate, yet if any thing hath beene omitted, or if any thing may bee farther cleared in that kinde, it is for the ſervice of the Houſe, that it ſhould now be done.
Sir I conceive theſe Canons doe containe ſundry matters, which are not onely contrary to the Lawes of this Land, but alſo deſtructive of the very principall and fundamentall Lawes of this Kingdome. I ſhall begin with the firſt Canon, wherein the framers of theſe Canons have aſſumed unto themſelves a Parliamentary48〈1 page duplicate〉49〈1 page duplicate〉50power, and that too in a very high degree, for they have taken upon them to define what is the power of the King, what the liberty of the Subjects, and what propriety hee hath in his goods. If this bee not proper to a Parliament, I know not what is. Nay it is the higheſt matter that can fall under the conſideration of a Parliament, and ſuch a poynt as wherein they would have walked with more tenderneſſe and circumſpection than theſe bold Divines have done. And ſurely, as this was an act of ſuch preſumption as no age can parallell: ſo is it of ſuch dangerous conſequence as nothing can be more. For they doe not onely take upon them to determine matters of this nature, but alſo under great penalties, forbid all Parſons, Vicars, Curates, Readers in Divinity, &c. to ſpeake any other wayes of them then as they had defined, by which meanes having ſeized upon all the Conduites, whereby knowledge is convayed to the people, how eaſie would it bee for them in time, to undermine the Kings Prerogative, and to ſuppreſſe the ſubjects liberty, or both.
And now (Sir) I beſeech you to conſider how they have defined this high and great poynt: they have dealt with us in matter of Divinity, as the Judges had done before in matter of Law: they firſt tooke upon them to determine a matter that belonged not to their Judicature, but onely to the Parliament, and after by their judgement they overthrew our propriety, and juſt ſo have theſe Divines dealt with us: they tell us that Kings are an Ordinance of God, of Divine Right, and founded in the prime Lawes of Nature, from whence it will follow that all other formes of government, as Ariſtocracies, and Democracies, are wicked formes of government, contrary to the Ordinance of God, and the Prime Lawes of Nature, which is ſuch new Divinitie as51 never read in any Booke, but in this new Booke of Canons.
Mr. Speaker, We all know that Kings, and States, and Iudges, and all Magiſtrates are the Ordinances of God, but (Sir) give mee leave to ſay they were the Ordinances of men, before they were the Ordinances of God. I know I am upon a great and high poynt, but I ſpeake by as great and as high a warrant, if St. Peters chaire cannot erre (as St. Peters Epiſtles cannot) thus he teacheth us, Submit your ſelfe to-every Ordinance of man for the Lords ſake, whether it bee to the King as ſupreame, or to the Governour, as to him that is ſent by him, &c.
(Sir) It is worthy noting, that they are Ordinances of men, but that they are to be ſubmitted unto for the Lords ſake, and truely their power is as juſt, and their ſubjects allegeance as due unto them, though we ſuppoſe them to bee firſt ordinances of men, and then confirmed, and eſtabliſhed by Gods Ordinance, as if wee ſuppoſe them to bee immediate Ordinances of God, and ſo received by men. But there was ſomewhat in it, that theſe Divines aimed at, I ſuppoſe it was this. If Kings were of Divine Right, as the Office of a Paſtor in the Church, or founded in the prime Lawes of Nature, as the power of a Father in a Family; then it would certainly follow, that they ſhould receive the faſhion and manner of their government, onely from the Preſcript of Gods Word, or of the Lawes of Nature, and conſequently, if there bee no Text, neither of the Old nor New Testament, nor yet any Law of Nature, that Kings may not make Lawes without Parliaments, they may make Lawes without Parliaments, and if neither in the Scripture, nor in the Law of Nature, Kings be forbidden to lay taxes or any kind of impoſitions upon their people without conſent in Parliament, they may doe it out of Parliament:52 and that this was their meaning, they expreſſe it after in plaine termes, for they ſay that Subſidies and taxes, and all manner of ayds are due unto Kings by the Law of God, and of Nature. (Sir) if they bee due by the Law of God and of Nature, they are due, though there be no act of Parliament for them: nay (Sir) if they bee due by ſuch a right, a hundred acts of Parliaments cannot take them away, or make them undue. And (Sir) that they meant it of Subſidies and aids taken without conſent in Parliament, is clearely that addition that they ſubjoyne unto it, that this doth not take away from the Subject the propriety hee hath in his goods, for had they ſpoken of Subſidies and aydes given by conſent in Parliament, this would have been a very ridiculous addition, for who ever made any queſtion, whether the giving Subſidies in Parliament did take away from the Subject the propriety hee hath in his goods, when as it doth evidently imply they have a propriety in their goods? for they could not give unleſſe they had ſomething to give: but becauſe that was alledged as a chiefe reaſon againſt Ship-mens, and other ſuch illegall payments levied upon the people, without their conſent in Parliament, that it did deprive them of their right of propriety, which they have in their goods, theſe Divines would ſeem to make ſome anſwer thereunto, but in truth their anſwer is nothing elſe but the bare aſſertion of a contradiction, and it is an eaſie thing to ſay a contradiction, but impoſſible to reconcile it; for certainely if it bee a true rule (as it is moſt true) quod meum eſt ſine conſenſu meo, non poteſt fieri alienum; to take my goods without my conſent muſt needes deſtroy my propriety. Another thing in this firſt Canon, wherein they have aſſumed unto themſelves a Parliamentarie power, is in that they take upon them to define what is Treaſon, beſides what is determined in the ſtatute of Treaſons. 53They ſay, to ſet up any coactive independent power is treaſonable both againſt God and the King, the queſtion is not whether it bee true they ſay or no, but whether they have power to ſay what is Treaſon, and what not? But now (Sir) that I am upon this point, I would gladly know what kinde of power that is, which is exerciſed by Arch-Biſhops, Biſhops, Deanes, Arch-Deacons, &c. Coactive certainely it is, all the Kingdome feeles the laſh thereof, and it muſt needs bee independant, if it be jure Divine, as they hold it, for they doe not meane by an independant power, ſuch a power as doth not depend on GOD. Beſides, if their power be dependant, of whom is it dependant? not of the King, for the Law acknowledgeth no way whereby Eccleſiaſticall juriſdiction can bee derived from his Majeſtie, but by his Commiſſion under the great-Scale, which as I am informed, they have not: I ſpeake not of the High Commiſſion, but of that juriſdiction which they exerciſe in their Archiepiſcopall, Epiſcopall, Archidaconall Courts, &c. and therefore if their owne ſentence bee juſt, wee know what they are, and what they have pronounced againſt themſelves. But (Sir) it were worth knowing what they aimed at in that independent coactive power, which they terme popular. I will not take upon me to unfold their meaning; but wee know Doctor Beale had a hand in the making of theſe Canons, and if wee apply his Paraphraſe to the Text, it may give us ſome cleareneſſe. I remember amongſt other notes of his this was one, that he did acknowledge the Kings Supremacy, but would joyne unto him an aſſiſtant (viz.) the people, meaning this Houſe, which being the repreſentative body of the COMMONS of England, and claiming, as it is ſo, a ſhare in the Legiſlative power, Doctor Beale calleth this a joyning of an aſſiſtant to the King, in whom ſoly hee placeth the power of making Lawes, and that it54 is but of grace, that he aſſumeth either the Lords, or Commons for the making of Lawes with him. Now (Sir) the Legiſlative power is the greateſt power, and therefore coactive, and it is the higheſt power, and therefore independent, and if every Eſtate for the proportion it hath therein, ſhould not have ſuch a power, it ſhould not have it of right, as founded in the Fabricke and frame of the policy and government, but of Grace, or by Commiſſion, as Dr. Beale affirmeth. I have done with the firſt Canon, onely I ſhall adde this, that conſidering the principles and poſitions that are laid downe therein, and comparing them with a clauſe towards the end of the Canon, that in no caſe imaginable it is lawfull for ſubjects to defend themſelves, we may judge how farre forth theſe Canons were to prepare mens mindes for the force that was to follow after; if the accuſation againſt my Lord of Strafford bee layed aright. For the matter it ſelfe, I hope there will never be any need to diſpute that queſtion, and I doe beleeve they had as little need, to have publiſhed that poſition, had it not beene upon deſigne. As for the ſecond Canon, therein alſo they have aſſumed to themſelves a Parliamentary power, in taking upon them, to appoynt Holidayes, whereas the ſtatute ſaith in expreſſe words, that ſuch dayes ſhall bee onely kept as Holy-dayes as are named in the Statute, and no other, and therefore though the thing may be bonum, yet it was not done bene, becauſe not ordained by Parliament, notwithſtanding what hath beene alledged to the contrary: it ſeemeth to mee to bee the appoynting of an Holy-day, to ſet a time a part for Divine ſervice, and to force menunder penalties to leave their labours, and buſineſſe, and to be preſent at it. And of the ſame nature is that other clauſe, in the ſame Canon, wherein they take upon them without Parliament, to lay a charge upon the people, enjoyning two Bookes at leaſt for that55 day, to be bought at the charge of the pariſh, for by the ſame right, that they may lay a penny on the Pariſh without Parliament, they may lay a pound or any greater ſumme.
As to the third Canon, I ſhall paſſe it over, onely the obſervation that my neighbour of the long Robe made upon it, ſeemes unto me ſo good, as that it is worth the repeating, that whereas in the Canon againſt Sectaries there is an eſpeciall proviſo, that it ſhall not derogate from any Statute, or Law made againſt them (as if their Canons had any power to diſanull an act of Parliament) there is no ſuch proviſo in this Canon againſt Papiſts, from whence it may bee probably conjectured, that they might have drawne ſome colour of exemption from the penall Lawes eſtabliſhed againſt them from this Canon, becauſe it might ſeeme hard that they ſhould be doubly puniſhed for the ſame thing, as wee know in the poynt of abſence from the Church; the Law provideth, that if any man be firſt puniſhed by the Ordinary, he ſhall not be puniſhed againe by the Iuſtices.
For the fourth Canon againſt Socinianiſme, therein alſo theſe Canon-makers have aſſumed to themſelves, a Parliament power, in determining an Hereſie not determined by Law, which is expreſſely reſerved to the determination of a Parliament. It is true, they ſay it is a complication of many hereſies, condemned in the four firſt Councells, but they doe not ſay what thoſe Hereſies are, and it is not poſsible that Socinianiſme ſhould bee formally cond•mned in theſe Councells, for it is ſprung up but of late: Therefore they have taken upon them, to determine and damne a Hereſie, and that ſo generally, as that it may bee of very dangerous conſequence, for condemning Socinianiſme for an hereſie, and not declaring what is Socinianiſme, it is left in their breaſts whom they will judge and call a Socinian. I would not56 have any thing that I have ſaid to be interpreted, as if I had ſpoken it in favour of Socinianiſme, wc (if it be ſuch as I apprehend it to be) is indeed a moſt vile and damnable hereſie, and therefore the framers of theſe Canons, are the more to blame in the next Canon againſt Sectaries, wherein beſides that in the preamble thereof, they lay it downe for a certaine ground, which the holy Synod knew full well, that other Sects (which they extend not onely to Browniſts and Separatiſts, but alſo to all perſons, that for the ſpace of a month, doe abſent themſelves without a reaſonable cauſe, from their owne pariſh Churches) doe equally endeavour the ſubverſion of the Diſcipline, and Doctrine of the Church of England with the Papiſts, although the worſt of them doe not beare any proportion, in that reſpect to the Papiſts, I ſay beſides that they make them equall in crime and puniſhment to the Papiſts, notwithſtanding the great diſproportion of their Tenents: there is another paſſage in this Canon relative to that againſt Socinianiſme, which I ſhall eſpecially offer to your conſideration, and that is this. If a Gentleman comming from beyond Seas ſhould happen to bring over with him a Booke contrary to the Diſcipline of the Church of England, or ſhould give ſuch a Booke to his friend, nay if any man ſhould abett, or maintaine an opinion contrary thereunto, though it were but in Parliament, if hee thought it fit to be altered, by this Canon he is excommunicated ipſo facto, and lyeth under the ſame conſideration, and is lyable to the ſame puniſhment; as if he had maintained an opinion againſt the Deity of Chriſt, and of the Holy Ghoſt, and of our Iuſtification by the ſatisfaction of Chriſt.
(Sir) if in things that are in their owne Nature indifferent, if in things diſputable it ſhall bee as hainous to abett or maintaine an opinion, as in the moſt horrible and monſtrous herefies, that can be imagined, what liberty is left to us as Chriſtians? What liberty is left57 to us as men? I proceed to the ſixt Canon, wherein theſe Canoniſts have aſumed to then ſelves a Parliamentary power, and that in a very high degree, in that they have taken upon them to impoſe new Oathes upon the Kings Subjects. (Sir) under favour, of what hath beene alleaged to the contrary, to impoſe an Oath, if it be not an higher power, then to make a Law, it is a power of making a Law of moſt high Nature, and of higher and farther conſequence then any other Law, and I ſhould much rather chuſe that the Convocation ſhould have a power to make Lawes, to binde my perſon and my eſtate, then that they ſhould have a power to make Oathes to binde my Conſcience: a Law bindes me no longer than till another Law bee made to alter it, but my Oath bindes mee as long as I live.
Againe, a Law bindes me either to obedience, or to undergoe the penalty inflicted by the Law, but my Oath bindes mee abſolutely to obedience. And laſtly, a Law bindes me no longer than I am in the Land, or at the fartheſt no longer than I am a member of the State; wherein and whereby the Law is made, but my Oath once being taken doth binde mee in all places, and in all conditions ſo long as I live. Thus much I thought good to ſpeake, concerning the power of impoſing new Oathes: as to the matter of this new Oath, it is wholly illegall. Jt 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 Lawes of this Kingdome; and that no obſcure Lawes, nor concerning any meane or petty matters. It is againſt the Law of the Kings Supremacy, in that it maketh Arch-biſhops, Biſhops, Deanes, Arch-Deacons, &c. to bee jure Divino, whereas the Law of this Land hath annexed to the Imperiall Crowne of this Realme, not onely all Eccleſiaſticall Iuriſdiction, but alſo all ſuperioritie over the Eccleſiaſticall State, and58 it is to bee derived from him by C•mmiſsion under the Great Seale, and conſequently it is Jure humano. Again, it is againſt the Oath of Supremacy, eſtabliſhed by Law poynt blanke, for therein I am ſworne not onely to conſent unto, but alſo to aſſiſt, and to the uttermoſt of my power, to defend all Iuriſdictions, Preheminences, &c. anne•ed to the Imperiall Crowne of this Realme, 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 Iuriſdictions, or Eccleſiaſticall Government by his Commiſsion under the great Seale directed to ſuch perſons, as he ſhall thin〈◊〉meet, ſo that if he ſhall thinke other perſons more meet, then Arch-biſhops, Biſhops, &c. I am ſworne in the Oath of Supremacy not onely to aſſent thereunto, but to aſſiſt, and to the uttermoſt of my power to defend ſuch an appoyntment 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 ſweare to anſwer (&c.) to he knowes not what. It is againſt the Law and light of Nature, that a man ſhould ſweare never to conſent, to alter a thing that in its owne nature is alterable, and may prove inconvenient, and fit to bee altered. Laſtly, it is againſt the Law of God: for whereas there are three rules preſcribed to him that will ſweare aright, that he ſweare in Iudgement, in Truth, and righteouſneſſe: hee that ſhall take this new Oath, muſt needs breake all theſe three Rules. He cannot ſweare in Iudgement, becauſe this Oath is ſo full of ambiguities, that he cannot tell what he ſweares unto; not to ſpeak of the unextricable ambiguity of the &c. There is ſcarce one word that is not ambiguous in the principall parts of the Oath, as firſt, What is meant by the Church of England, whether all the Chriſtians in England, or59 wherher the Clergie onely, or onely the Arch-Biſhop, Biſhops, Deanes, &c. Or whether the Convocation, or what? In like manner it is as doubtfull what is meant by the Diſcipline, and what by the Dotirine of the Church of England, for what ſome call Superſtitions Innovations, if others affirme to be conſonant to the Primitive, and that the pureſt Reformation in the time of Edward the 6. and in the beginning of the Reigne of Queene Elizabeth: and ſo for the Doctrine of the Church of England; if all the Poſitions that of later yeares have beene challenged by ſome of Divines to bee Arminian and Popiſh, and contrary to the Articles of our Religion, and which on the other ſide have beene 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 maintaine it in deſpight of the Puritanes, that the Doctrine of the Church of Rome, is the Doctrine of the Church of England. Truely it were very fit that wee knew, what were the Doctrine and Diſcipline of the Church of England before we ſweare to it, and then (Sir) give me leave to ſay, that I ſhould be very loath to ſweare to the Diſcipline, or to the Doctrine and Tenents 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 doubtfull what is meant, by the Doctrine and Diſcipline eſtabliſhed, and what by altering & conſenting to alter, whether that is accompted, or eſtabliſhed, which is eſtaliſhed by a Act of Parliamēt, or wether that alſo that is eſtabliſhed by Canons, Injunctions ▪ &c. 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 bee active in altering, or whether it extend to any conſent, and ſo that a man ſhall not60 ſubmit to it, nor accept of it, being altered by the State.
More ambiguities might be ſhewne, but theſe are enough to make it cleare, that hee that ſhall t•k this Oath cannot ſweare in Iudgement. Nor can he ſweare 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, Deanes, Arch-Deacons, &c. are jure Divino, as they must needs bee, if the Law-mamakers ought of right to eſtabliſh them, as they are establiſhed: for the Law-makers are not bound as of right, to frame their Lawes to any other than the Lawes of God alone. Now whether Biſh•ps be jure Divino, we know it is a diſpute among the Papiſts, and never did any Proteſtant hold it till of late yeares, but that Arch-biſhops, Deanes, Arch-Deacons, &c. ſhould be jure Divino, I doe not know that ever any Chriſtian held it before, and yet he that taketh this Oath muſt ſweare it. Laſtly, as hee that taketh this Oath cannot ſweare in Iudgement nor in Truth, ſo neither can hee ſweare in Righteouſneſſe, for it is full of unrighteouſn•ſſe, being indeed, as hath beene well opened, a Covenant in effect againſt the King and Kingdome; for if the whole State ſhould finde it neceſſary to alter the Government by Arch-Biſhops, Biſhop, &c, a great part of the Kingdome, eſpecially of the Gentry (for not onely the Clergy, but all that take Degrees in the Ʋniverſities are bound to take it) will be preingaged not to conſent to it, or admit of it. Againe it is a great wrong to thoſe that ſhall bee Parliament-men, that their freedome ſhall be taken away being bound up by an Oath, not to co•ſent to the altering of a thing, which it may befit and proper for a Parliament to alter. And ſuppoſe that for the preſent it bee no hinderance to the ſervice of God, nor yet burdenſome to the King and Kingdome, yet if it ſhould prove ſo hereafter, for61 a man to bee bound by an Oath never to conſent to alter it, may bee a great wrong to God in his ſervice, and to the King and Kingdome in their peace and welfare, and therefore this Oath cannot be taken in Righteouſneſſe. For the other Oath de parendo juri Eccliſiae, & ſtando mandatis Eccleſiae, though it make leſſe noyſe than the other, yet it is not of leſſe dangerous conſequence. If I remember well the Storie, this was the Oath that the Pope made King John to take, and when hee had ſworne ſtare mandatis Eccleſiae, the Pope commandid him to reſigne his Kingdome to him, and truely bee hee Gentle man or Nobleman, or what ever elſe, when hee hath once put his necke into this nouſe, his Ghostly Fathers may drag him whither they will, for they have the quantity and the quality of the penance in their owne breaſt, and if they ſhal enjoyne him to give any ſumme towards the building of a Church, or the adorning of a Chappell, he muſt pay it; or if they ſhould enjoyne him any ſervile or baſe action (as there are not wanting examples of that kinde in the time of Popery) they are ſworne ſtare mandatis Eccleſiae, and ſo cannot recede, but muſt performe it. Nay, I dare not warrant any man from the rods of Henry the ſecond; or of Raymond of Tholouze; what hath beene done may bee done, I am ſure the power is the ſame. And that other Oath alſo (though more uſuall in practiſe, and more confirmed by theſe new Canons) which is adminiſtred to Church-wardens, would bee looked into. For it is hardly poſſible for them that take it not to be forſworne, being they ſweare to ſo many particulars, that they cannot minde, and to ſome that they cannot underſtand, as how many Church-wardens are there in England, that underſtand what Socinianiſme is, in caſe they be ſworne, to preſent the offenders againſt that Canon, which concernes that matter. I ſhall only adde a word or two concerning two Canons more, which ſeeme to be Canons of Reformation.
62The firſt is, concerning Excommunication, to bee pronounced onely by a Divine, wherein it is alledged for the framers of theſe Canons, that if they have not more Law on their ſides, yet they may ſeeme to have more reaſon. For my part, as in all other things, I thinke 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 Lay-man did that which the grave Divine ſhould have done, and now the grave Divine muſt doe what ever the Lay-man would have done, for the cogniſance of the cauſe, and the power of Iudic•ture is wholly in the Lay-man, onely the grave Divine is to be his ſervant, to execute his ſentences, and hath ſuch a kinde of managing the ſpiritual ſword allowed onely unto him as the Papiſts in ſome caſes were wont to afford unto the civill Magistrate, in reſpect of the Temporal•ſword,•or as if the Civill ſword by an implicite Faith had been pinned to the Lawn-ſleeves, they condemned men of Hereſie, and then delivered them over to the Secular power: but what to doe? Not to have any cogniſance of the cauſe, nor to exerciſe any power of judicature, but onely to be their executioners, and to burne the Heretick whom they had condemned, and ſo they judged men excommunicate, and then the Civill 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 accompanyed with the eye of judgement, it is equity and juſtice: and ſurely where the Spirituall or Civill Governour is called upon to ſtrike, hee muſt be allowed to ſee and judge whom and wherefore he ſtrikes, otherwiſe he will be able to give but an ill accompt to God, of the managing of the ſword wherewith he is inſtructed.
The other Canon is the laſt Canon againſt vexatious Citations, wherein they ſeeme to have ſome ſence of63 the great grievances that poore people lye under; by occaſion of vexatious citations, and moleſtations in Eccleſiasticall Courts, and I verily believe, that there is not a greater oppreſſion in the whole Kingdome 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 onely, of the breach of that Law without any preſentment, or any other juſt ground, that no citations grounded onely as aforeſaid, ſhall iſſue out, except it be under the hand and Seale of the Chancellour, Commiſſarie, Arch-Deacon, or other competent Judge, ſo that (if there be any ſence 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 Seale of the Chancellour, Commiſſary, or other competent Judge, and the partie ſhall not be diſcharged without paying his fees, nor have any reliefe by this Canon. But ſuppoſe the Citation be not under the hand and Seale of any competent Iudge, and that there was neither preſentment nor any juſt ground for it, ſhall he then bee diſmiſſed without paying any fees? No, unleſſe firſt contrary to the Law of Nature, there being no preſentment, nor juſt ground of accuſation againſt him, he ſhall by his Oath purge himſelfe of pretended breaches of Law, and then too hee ſhall onely have the fees of the Court remitted, but ſhall have no ſatisfaction for his troubleſome and chargeable journey, and for the loſſe of his time, and being drawne away from his affaires ▪ Nay, leſt they ſhould ſeeme to have beene too liberall of their favour, they adde a proviſo in the cloſe of the Canon, that this grace of theirs ſhall not extend to any•rievous crime, as Schiſme, Incontinency, misbehavious in the Church, or obſtinate inconformity. And what do60〈1 page duplicate〉61〈1 page duplicate〉62〈1 page duplicate〉63〈1 page duplicate〉64they call misbehaviour in the Church? If a man doe not kneele at the Confeſſion, or have his hat on, when the Leſſons are reading. In like manner what doe they call obſtinate inconformity? If a man will not thinke what they would have him thinke, if a man will not ſay what they would have him ſay, if a man will not ſweare what they would have him ſweare, if a man will not read what they would have him read, if a man wil 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 doe what ever they would have him doe, then hee is an inconformiſt, and after that they have duely admoniſhed him, primo, ſecundo, tertio, all in one breath, then hee is contumacious, then he is an obſtinate Inconformiſt.
Now (Sir) my humble motion is, that in conſideration of all the premiſſes, and what beſides hath beene well laid open by others; wee ſhould proceed to dam theſe Canons, not onely as contrary to the Lawes of the Land, but alſo as containing ſundry matters, deſtructive of the rights of Parliaments, and of the fundamentall and other principall Lawes of this Kingdome, and otherwiſe of very dangerous conſequence.
I Know it is a tender ſubject I am to ſpeake of, wherein I beleeve ſome within theſe Walls are engaged with earneſtneſſe 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 bee pleaſed to heare mee without interruption: though ſomewhat I ſay ſhould chance to be diſpleaſing, I hope there will be ſomewhat from mee ere I conclude, that may be of Service to this Houſe.
Sir, if I thought there were no further deſigne in the deſires of ſome, that this London Petition ſhould be committed, then meerely to make uſe of it, as an Index of grievance: I ſhould winke at the faults of it, and not much oppoſe it.
There is no man within theſe wals, more ſenſible of the heavy grievance of Church government, then my Selfe; nor whoſe affections are keene to the clipping of thoſe wings of the Prelates, whereby they have mounted to ſuch inſolencies, nor whoſe zeale is more ardent to the ſearing them, as that they may never ſpring againe.
But having reaſon to beleeve that ſome aime at a totall extirpation of Biſhops, which is againſt my heart, and that the committing of this Petition, may give countenance to that Deſigne, I cannot reſtraine my ſelfe from labouring66 to divert it, or at least to ſet ſuch notes upon it, as may make it ineffectuall to that end.
Truely, 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 aff••es, both Eccleſiasticall and Civill, to bee a thing of the higheſt Conſequence that any Age hath preſented to a Parliament; and the ſame thoughts I have of it ſtill.
I profeſſe, I looked upon it then with terrour, as upon a Comet or blazing ſtarre, rayſed and kindled out of the ſtench, out of the poyſonous exhalation of a corrupted Hierarchy: Mee thought the Commet had a terrible Tayle with it, Sir, and poynted to the North, the ſame feares dwell with mee ſtill concerning it, (and I beſeech God they may not prove Propheticall:) I feare all the Prudence, all the Fore-cast, all the Vertue of this Houſe, how unitedly ſoever collected, how vigorouſly applyed, will have a hard worke 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 bee, 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 ſuppreſſe a ſingle No, that my heart dictated, though I knew the venting of it might caſt prejudices upon mee: had my Fortune plac•d mee neere a King, I could not have flattered a King; and I doe not intend 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 looke not upon this Petition, as a Petition from the City of London, but from I know not what, 15000. 67Londoners, all that could be got to ſubſcribe.
When this Petition was firſt preſented, there might bee more reaſon for the Commitment of it, as being then the moſt comprehenſive Catalogue wee had of Church grievance, but now that the Miniſters by their Remonstrance, have given us ſo faire and full an Index of them without thoſe mixtures of things contemptible, irrationall, and preſumptuous, wherewith this Petition abounds; I do not know I profeſſe to what good end it can be committed, being full of contemptible things, but firſt let me recall to your minde the manner of its delivery: And I am confident, there is no man of judgement, that will thinke 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 knowes the danger, when eyther true or pretended ſtimulation of conſcience hath once given a multitude agitation.
Contemptible things (Sir) ſwarme in the 8.13.14.15, 16.17. Articles of this Petition. Did ever any body thinke that the gaites of Ovid, or Tom. Caryes muſe, ſhould by 15000. have beene preſented to a Parliament, as a motive for the extirpation of Biſhops, the ſcandall of the Rochet, the Lawne-ſleeves, the foure corner Cap, the Cope, the Surpleſſe, the Tippet, the Hood, the Canonicall Coat, &c. may paſſe with arguments of the ſune weight; onely thus much let me obſerve upon it (Mr. Speaker) that one would ſweare 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 inferre the extirpation of Biſhops from ſuch weake Arguments, or to attribute as they doe to Church government all the civill grievance; not a Patent, not a Monopoly, not the price of a commodity68 moditie rayſed, but theſe men make Biſhops the cauſe of it.
For the irrationall part (Mr. Speaker) firſt they Petition us in a Method only allowable with thoſe, whoſe Iudgement or Iuſtice is ſuſpected, that is Iniquum petere, ut aequum feras: There is no Logick, no reaſoning in their demands: It were want of Logick in mee to expect it from a multitude, but I conſider the multitude in this is led by implicite faith, to that which hath beene digeſted, and contrived but by a few, and in them truely I cannot but wonder at the want of Reconciliation here.
A Petition, Mr. Speaker, ought in this to bee a kinde of Syllogiſme, that the Concluſion, the Prayer ought to hold proportion with the premiſſes, that is, with the Allegations, and Complaints, and to beeaſonably deduc't 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 aboliſht for the abuſes ſake: As if they ſhould ſay, that becauſe Drunkenneſſe and Adultery are growne ſo epidemicall, as is alledged in the Petition; Let there be no more uſe of Wine nor of Women in the Land.
Chriſts Diſcipline hath beene 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 Drunkenneſſe, and withall 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 moveable ills-ſake,69 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 onely to preſcribe to a Parliament, what, and how it ſhall doe; but for a multitude to teach a Parliament, what, and what is not the government according to Gods 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 ſeverall formes of Divine ſervice, ratified by the ſame Authority?
'Tis true, Mr. Speaker, the Parliament may mend, may alter, may repeale Lawes, may make new, and I hope, in due ſeaſon wee ſhall doe ſo in poynt of Church-government: but in the meane time let me tell you, Sir, I cannot but eſteeme it an irreverence, an high preſumption in any, to petition point blank againſt a Law, or Government in force.
Repreſentment of Inconvenience may bee made, (as the Miniſters have done) ſuch as may endure the wiſedome of a Parliament, to adviſe Lawes, to rectifie, to repeale them; but it imports the very eſſence of Parliaments, to keepe up the honour of its former Acts, and not to ſuffer them to bee further blaſted from abroad.
Beleeve me, Mr. Speaker, all the reverence and authority, which we expect from future times to our owne 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 intend to reverſe.
Mr. Speaker, you ſee in what plaine language I have ſet forth unto you the faults of this Petition, notwithſtanding70 as great as they are, ſo they may not obtaine any ſeeming countenance from us; I find my ſelfe willing to have them paſt by, eſpecially when I conſider how naturally prone all mankinde is, when it findes it ſelfe oppreſt beyond patience, to flye unto extreames for eaſe. And indeed, I doe not think, that any people hath beene evermore provoked, then the generality of England, of late yeares, by the inſolencies, and exorbitances of the Prelates.
I proteſt ſincerely, Mr. Speaker, I cannot caſt mine eye upon this Peti•ion, nor my thoughts on the practiſes of the Church-men, that have governed it of late; but they appear'd to me as a ſcourge imployed by God upon us for the ſinnes of the Nation; I cannot thinke of that paſſage in the Booke of Kings, He that eſcapes the Sword of Hazael, ſhal Jehu ſlay; and he that eſcapes Iehu, ſhall Eliſha ſlay.
Mee thinkes the vengeance of the Prelates hath bin ſo laid, as if 'twere meant, no generation, no degree, no complexion of mankinde ſhould eſcape it.
Was there a man of a nice and tender Conſcience? him have they afflicted with ſcandall in Adiaphoris, impoſing on him thoſe things, as neceſſary, which hee thinks unlawfull, and they themſelves knew to bee but indifferent.
Was there a man of a legall conſcience, that made the eſtabliſhments by Law, the meaſure of his religion? him have they netled 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 Countrey? their incepdi••riſhip hath plagued him.
71Was there a man faithfully addicted to the right of the Crowne, loyally affected to the Kings Supremacy? how hath he beene 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 blanch for a little? their pernicious Oath hath made him ſenſible, and wounded, or I feare prepared him for the Devill.
Was there a man that durſt mutter againſt their Inſolencies? hee may inquire for his Lugges, they have beene within the Biſhops viſitation; as if they would not onely derive their Brandiſhment of the ſpirituall ſword from St. Peter, but of the materiall one too, and the right to cut off Eares.
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 heares me but is brim-full of indignation.
For my part, I profeſſe I am ſo enflamed with the ſence of them, that I finde my ſelfe ready to cry out with the loudeſt of the 15000, downe with them, downe with them, even to the ground.
But M. Speaker, when I caſt mine eye round upon this great and wiſe Aſſembly, and find my ſelfe a part too, (though the moſt unworthy and inconſiderable) of that Senate, from whoſe diſpaſſionate and equall Conſtitutions, preſent and future times muſt expect their happines or infelicity:
It obliges mee to the utmoſt of my power to diveſt my ſelfe and others of all thoſe diſturbances of Judgement which ariſe ever from great Provocations, and to ſettle my thoughts in that temper, which I thinke neceſſary to all thoſe that72 would judge clearely of ſuch things as have incenſt them.
I beſeech you Gentlemen, let us not bee led on by paſſion to popular and vulgar Errors, it is naturall (as I told you before) to the multitude to flie into extreames; that ſeemes ever the beſt to them, that is moſt oppoſite to the preſenteſt object of their hate.
Wiſe Councells (Mr. Speaker) muſt ſquare their Reſolutions by another meaſure, by that's moſt juſt, moſt honourable, moſt convenient: Beleeve mee, Sir, great alterations of Government are rarely accompanyed 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 Roote, to attempt a totall Alteration, before ever I can give my vote unto that, three things muſt be made manifeſt unto me.
Firſt, that the miſchiefes which we have felt under Epiſcopall Government flow from the nature of the function, not from the abuſes of it onely, that is, that no Rules, no Boundaries can be ſet to Biſhops able to reſtraine them from ſuch Exorbitances.
Secondly, ſuch a frame of Government muſt be laid before us, as no time, no Corruption can make lyable to proportionable inconveniences with that which we aboliſh.
And thirdly, it muſt be made to appeare that this Vtopia is practicable.
For the firſt, Sir, that Epiſcopacy a function deduced through all ages of Chriſts 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 Martyrdomes in the Primitive times,73 and ſome ſince our owne 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 yeares) this Church hath ſo flouriſhed, ſo fructified, that ſuch a government, ſuch a function, ſhould at the fagge end of 1640. yeares bee found to have ſuch a cloſe Devill in it, as no power can Exerciſe, no Law Reſtraine, appeares (Sir) to mee a thing very improbable: I profeſſe, I am deceived Sir, if Trienniall Parliaments will not be a Circle able to keep many a worſe Devill in order.
For the ſecond, I know not the ſtrength of other mens fancies, but I will confeſſe unto you ingenuouſly the weakneſſe of my faith in the poynt, that I doe not beleeve there can any other government bee propoſed, but will in time bee ſubject to as great or greater inconveniences than Epiſcopacy, I meane Epiſcopacy ſo ordered, reduced, and limitted, as I ſuppoſe it may bee by firme and ſolid Boundaries.
Tis true Sir, we cannot ſo well judge before-hand of future inconveniences, for the knowledge of the faults and miſchiefes of Epiſcopall government, reſulting from freſh and bleeding experience.
And the inſight into dangers of any new way that ſhall be propoſed being to riſe onely from ſpeculation, the apprehenſion of the one is likely to be much more operative than of the other, though perh•ps in juſt reaſon it ought to bee the weaker with us, it is hard in ſuch caſes for us to preſerve an equall 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 wee hearken to thoſe that would quite extirpate Epiſcopacy; I am confident that in ſtead of every74 Biſhops wee put downe in a Dioceſſe, wee ſhall ſet up a Pope in every Pari•h.
Laſtly, Mr. Speaker, whether the ſubverſion of Epiſcopacy, and the introducing of another kinde 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 Kings Speech to us the other day, or who have looked into reaſon of ſtate.
For my part (though no Stateſman) I will ſpeake my minde freely in this. I doe not thinke a King can put downe Biſhops totally with ſafety to Monarchy; not that there is any ſuch allyance as men talk of 'twixt the Myter and the Crowne, but from this reaſon; that upon the putting downe of Biſhops, the Government of Aſſemblies is likely to ſucceed it, That (to bee effectuall) muſt draw to it ſelfe the ſupremacy of Eccleſiaſticall 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 Sathan, 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 fundamentall, ſuch unaccompliſhed Alterations: and all thought of countenancing thoſe thoughts in others; let us all reſolve upon that courſe wherein (with union) wee may probably promiſe our ſelves ſucceſſe, happineſſe, and ſecurity, that is in a through Reformation.
To that, no mans vote ſhall be given with more zeale, with more heartineſſe than mine. Let us not deſtroy Biſhops, but make Biſhops ſuch as they were in the Primitive times.
Doe their large Terriories, their large Revenues offend? let them be retrencht, the good Biſhops of Hippo had but a narrow Dioceſſe.
75Doe their Courts and ſubordinates offend? let them be brought to governe as in the Primitive times, by Aſſemblies of their Clergy.
Doth their intermedling in ſecular affaires offend? exclude them from the capacity, it is no more than what Reaſon, and all Antiquity hath interdicted them.
That all this may bee the better effected, M. Speaker my mottion is, that; Firſt, we may appoynt a Committee to collect all grievances ſpringing from the miſgovernment of the Church (to which the Miniſters head of Government will bee ſufficient without countenancing this Petition by a Commitment) and to repreſent it to this houſe in a Body.
And in the next place that wee may (if it ſtand with the order of Parliaments) deſire that there may bee 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 Common-wealths Men.
IMprimis, That the ſaid Iohn Lord Finch, Baron of Fordwich, Lord Keeper, &c. hath traiterouſly, and wickedly, endeavoured to ſubvert the fundamentall Lawes, and eſtabliſhed Government of the Realme of England, and in ſtead thereof to introduce an arbitrary tyrann•call government againſt Law, which hee hath declared by trayterous and wicked words, counſells, opinions, judgements, practices, and actions.
II. That in purſuance of thoſe his trayterous and wicked purpoſes, hee did in the third and fourth yeare of his Majeſties reigne, or one of them, being then Speaker of the Commons Houſe of Parliament, contrary to the commands of the Houſe then aſſembled, and ſitting,77 denyed and hindred the reading of ſome things which the ſaid Houſe of Commons required to bee read for the ſafety of the King and Kingdome, & preſervation of the Religion of this Realme; and did forbid all the members of the houſe to ſpeake, and ſaid, that if any did offer to ſpeake, he would riſe and goe away, and ſaid nothing ſhould bee then done in the houſe, and did offer to riſe and goe 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 Majeſties Councell at the Iuſtice ſeate held for the County of Eſſex, in the moneth of October, in the tenth yeare of his now Majeſties reigne, at Strafford Langton in the ſame County being then of his Majeſties Councell, in that Service did practiſe by unlawfull meanes, to enlarge the Forreſt of that County, many Miles beyond the knowne bounds thereof, as they had beene enjoyed neere 300 yeares, 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 returnes to be made of Iurors, and great numbers of other perſons who were unſworne, to be joyned to them of the Iury, and threatned and awed the ſayd Iurors to give a Verdict for the King, and by unlawfull means did ſurpriſe the County, that they might not make Defence, and did uſe ſeverall menacing wicked Speeches and Actions, to the Iury and others, for obtayning his unjuſt purpoſe aforeſaid, and after a Verdict obtained for the King in the Moneth of April following (at which time the ſayd Iuſtice Seate was called by adjournment)78 the ſayd Iohn Lord Finch then Lord Chiefe Iuſtice of his Majeſties Court of Common Pleas, and was one of the Iudges aſſiſtants for them; he continued by further unlawfull and unjuſt practices, to maintaine and confirme the ſaid verdict, and did then and there being aſſiſtant to the Iuſtice in Eyre, adviſe the refuſal of the traverſe offered by the County, and all their evidences, but onely what they ſhould verbally deliver, which was refuſed accordingly.
IV. That hee, about the Moneth of November, 1635. hee being then Lord Chiefe Iuſtice of the Common Pleas, and having taken an oath for the due adminiſtration of Iuſtice to his Majeſties Liege people, according to the Lawes and ſtatutes of the Realme, contrived in opinion in haec verba, (when the good and ſafety, &c.) and did ſubſcribe his name to that opinion, and by perſwaſions, threats, and falſe ſuggeſtions, did ſolicite, and procure Sir Iohn Bramſtone Knight, then and now Lord Chiefe Iuſtice of England, Sir Humfrey Davenport Knight, Lord chiefe Baron of his Majeſties Court of Exchequer, Sir Richard Hutton Knight, late one of the Iuſtices of his Majeſties Court of Common Pleas, Sir Iohn Denham Knight, late one of the Barons of his Majeſties Court of Exchequer, Sir William lones Knight, late one of the Iuſtices of the ſaid Court of Kings Bench, Sir George Crock, then and now one of the Iudges of the ſaid Court of Kings Bench, Sir Thomas Trevor Knight, then and now one of the Barons of the Exchequer, Sir George Vernon Knight, late one of the Iuſtices of the ſaid Court of Common Pleas: Sir Robert Barkley Knight, then and now one of the Iuſtices of the ſaid Court of Kings Bench, Sir Francis Crawly Knight, then and now one of the Juſtices79 of the ſaid Court of Common Pleas, Sir Richard Weston Knight, then and now one of the Barons of the ſaid Court of Exchequer, ſome or one of them to ſubſcribe, with their names the ſaid opinion preſently, and enjoyned them ſeverally ſome or one of them ſecreſ•upon their allegeance.
V. That he the fifth day of Iune, then being Lord Chiefe Iuſtice of the ſaid Court of Common Pleas, ſubſcribed an extrajudiciall opinion in anſwer to queſtions in a letter from his Majeſty, in haec verba, &c.
And that he contrived the ſaid queſtions, and procured the ſaid Letter from his Majeſty; and whereas the ſaid Iuſtice Hutton and Iuſtice Crook declared to him their opinions to the contrary; yet hee required and preſſed them to ſubſcribe, upon his promiſe that hee would let his Majeſty know the truth of their opinions; notwithſtanding ſuch ſubſcriptions, which nevertheleſſe he did not make knowne to his Majeſtie, but delivered the ſame to his Majeſty, as the opinion of all the Iudges.
VI. That hee being Lord Chiefe Iuſtice of the ſaid Court of Common Pleas, delivered his opinion in the Chequer Chamber againſt Maſter Hampden in the caſe of Ship-money; that hee the ſaid Maſter Hampd•n upon the matter and ſubſtance of the caſe was chargeable with the money then in queſtion: a Coppy of which proceedings the Commons will deliver to your Lordſhips, and did ſolicite and threaten the ſaid ſudges ſome or one of them to deliver their opinions in like manner againſt Maſter Hampden: and after the ſaid Baron Denham had delivered his opinion80 for Maſter Hampden, the ſaid Lord Finch repaired purpoſely to the ſaid Baron Denhams Chamber in Serjeants Inne in Fleetſtreet, and after the ſaid Maſter Baron Denham had declared and expreſſed his opinion, urged him to retract the ſaid opinion, which hee refuſing, was threatned by the ſaid Lord Finch, becauſe hee refuſed.
VII. That hee then being Lord chiefe Juſtice of the Court of Common Pleas, declared and publiſhed in the Exchequer Chamber, and weſterne circuit where he went Judge, that the Kings right to Ship-money, as aforeſaid, was ſo inherent a right to the Crowne, as an Act of Parliament could not take it away; and with divers malicious ſpeeches inveighed againſt, and threatned all ſuch as refuſed to pay Ship-money; all which opinions contained in the foure, five, & ſixth Articles, are againſt the Law of the Realme, the Subjects right of property, and contrary to former reſolutions in Parliament, and to the petition of right: which ſaid reſolutions and petition of right, were well knowne to him, and reſolved and enacted in Parliament, when he was Speaker of the Commons houſe of Parliament.
VIII. That hee being Lord chiefe Juſtice of the Court of Common Pleas, did take the generall practice of that Court to his private Chamber; and that hee ſent warrants into all or many ſhires of England to ſeverall men, as to Francis Giles of the County of Devon, Rebert Renſon of the County of Yorke, Attorneys of that Court, and to divers others, to releaſe all perſons arreſted on any utlawry about 40. ſhillings fees, whereas none by Law ſo arreſted, can be bailed or releaſed without Superſedeas under ſeale or reverſall.
81IX. That hee being Lord Chiefe Iuſtice of the Court of Common pleas, upon a pretended ſuit begun in Michaelmas Terme, in the 11. yeare of his Majeſties Reigne, although there was no plaint or Declaration againſt him, did notoriouſly and contrary to all Law and Iuſtice, by threats, menaces, and impriſonment, compell Thomas Laurence, an Executor, to pay 19 pound 12 ſhillings, and likewiſe cauſed Richard Bernard, being onely over-ſeer of the laſt Will of that Teſtator, to bee arreſted for the payment of the ſaid Money, contrary to the advice of the reſt of the Iudges of that Court, and againſt th•kn•wne and ordinary courſe of Iuſtice, and his ſaid Oath and knowledge, and denyed his Majeſties Subjects the common and ordinary Iuſtice of this Realme, as to Mr. Li••rick, and others, and for his private benefit endammaged and ruined the eſtates of very many of his Majeſties Subjects, contrary to his oath and knowledge.
X. That hee being Lord Keeper of the great Seale of England, and ſworne one of his Majeſties Privie Counſell, did by falſe and malicious ſlanders labour to incenſe his Majeſtie againſt Parliaments, and did frame and adviſe the publiſhing the Declaration after the diſſolution of the laſt Parliament.
All which Treaſons and miſdemeanors above mentioned, were done and committed by the ſaid Iohn Lord Finch Baron of Fordwich, Lord Keeper of the great Seale of England, and thereby he the aforeſaid Finch hath trayterouſly, and contrary to his allegiance laboured to lay Imputations and Scandalls upon82 his Majeſties government, and to alienate the hearts of his Majeſties liege people from his Majeſtie, and to ſet a diviſion betweene them, and to ruine and deſtroy his Majeſties Realme of England, for which they doe impeach him the ſaid Lord Finch, Baron of Fordwich, Lord Keeper of the Great Seale of England, of high Treaſon againſt our Soveraigne Lord the King, his Crowne and Dignity, of the miſdemeanours above mentioned. And the ſaid Commons by Proteſtation, ſaving to themſelves the libertie of exhibiting at any time hereafter, any other accuſation or impeachmens against the ſaid Lord Finch, and alſo of replying to the anſwer, that the ſaid Iohn Lord Finch ſhall make unto the ſaid Articles or to any of them, and of affering proofe of the premiſſes, or any of their impeachments or accuſations that ſhall be exhibited by them, as the caſe ſhall according to the courſe of Parliaments require, doe pray, that the ſaid Iohn Lord Finch, Baron of Ford wich, Lord Keeper of the Great Seale of England, may be put to anſwer to all and every of the premiſſes, and ſuch proceedings, examinations, tryalls, and judgements, as may be upon every of them, bad and uſed, as is agreeable to Law and Iustice.
THeſe Articles againſt my Lord Finch being read, I may bee 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 appeares to have beene, by the choyce 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 meane 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 ſeverall condition, (being a ſilent Speaker, an unjuſt Iudge, and an unconſcionable Keeper.) That his life appeares a perpetuall Warfare, (by Mines, and by Battery, by Batteil, and84 by Stratagem) againſt our fundamentall Lawes (which by his own confeſſion) ſeverall Conquests had left untoucht, againſt the excellent conſtitution of this Kingdome, which hath made it appeare unto ſtrangers rather an Idea, than a reall Common-wealth, and produced the honour and happineſſe of this to be a wonder of every other Nation, and this wi•h unfortunate ſucceſſe, that as he alwayes intended to make our Ruines a ground of his advancement; ſo his advancement the meanes of our further ruine.
After that, contrary to the further end of his place, and the end of that meeting in which he held his place, hee had as it were gagg'd the Common-Wealth, taking away, (to his power) all power of Speech from that body, of which he ought to have beene the Mouth, and which alone can perfectly repreſent the condition of the people, whom that onely 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 redreſſe of the grievances they then ſuffered, and prevented thoſe which we have ſince endured, according to the ancient Maxime of Odiſſe quos laeferis: he purſued this offence towards the Parliament, by inveighing againſt the Members by ſcandalizing their proceedings 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 uſeleſſe and odious to his Majeſty, and purſued his hatred to this fountain of Iuſtice by corrupting the ſtreames of it, the Lawes; and perverting the Conduit Pipes, the Iudges:
He practiced the annibilating of Ancient, and Notorious perambulations of particular Forreſts, the better to prepare himſelfe to annihilate the Ancient, and Notorious perambulation of the whole Kingdome, the meeres85 and bounders betweene the liberties of the Subject and Soveraigne power; he endeauoured to have all tenures in durante bene placito, to bring all Law from his Majeſties Courts, into his Majeſties breſt he gave our goods to the King our lands to the Deere, our liberties to his Sheriffes; ſo that there was no way by which wee had not beene oppreſt, and deſtroyed, if the power of this perſon had beene equall with his will: Or that the will of his Majeſtie had beene equall to his power.
He not onely by this meanes made us lyable 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 lyable to the terribleſt of all Invaſions, that of want and poverty. So that if what hee plotted had taken Root (and he made it, as ſure as his Declaration could make it (what himſelfe was not) Parliament proofe) in this wealthy and happy Kingdome, there could have beene left, no aboundance 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 deſigne reſembles that diſeaſe, in the ruine, deſtruction, and deſolation, it would have wrought ſo it ſeemes no leſſe like it in this effect: he having ſo laboured to make others ſhare in that guilt, that his ſolicitation, was not onely his action, but his workes, making uſe both of his Authority, his Intereſt, and Importunity, to perſwade; and in his Majeſties Name (whoſe Piety is knowne to give that Excellent prerogative to his perſon, that the Law gives to his place, not to be able to doe wrong) to threaten the reſt of the Iudges, to ſigne opinions contrary to Law, to aſſigne anſwers contrary to their opinions, to give Iudgement which they ought not to have given, and to recant Iudgement, when they had given as they ought, ſo that86 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 judgment found the true mother of the Child, diſcover him not onely to have beene the Foſterer but the Father of this moſt pernicious and envious deſigne.
I ſhall not need to obſerve, that this was plotted and purſued by an Engliſh man againſt England, (which encreaſeth the Crime in no leſſe degree than parricide is beyond Murther) that this was done in the greateſt matter joyned to the greateſt Bond, being againſt the generall liberty, and publike propriety, by a ſworne Iudge (and if that ſalt it ſelfe, becauſe unſavory, the Goſpell it ſelfe hath deſign'd whither it muſt be caſt) that he poyſoned our very Antidotes, and turned our Guard into a deſtruction, making Law the ground of illegalitie: that he uſed this Law not onely againſt us, but againſt it ſelfe, 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 ruine of it ſelfe.
I ſhall not need to ſay, that either this (or more can be) of the higheſt kinde, and in the higheſt degree of Parliamentary Treaſon, a Treaſon which need not a computation of many ſeverall 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 miſdemeanor, a Treaſon as well againſt the King, as againſt the Kingdome, for whatſoever is againſt the whole, is undoubtedly againſt the head, which takes from his Majeſty the ground of his Rule, the Lawes, (for if foundations bee deſtroyed, the Pinnacles are moſt endangered) which takes from his Majeſty the principal honour of his Rule, the Ruling over Free-men, a power as much Nobler then over villaines, as that is that's over beaſts) which endevoured to take from his Majeſty the principall87 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 Kingdome) and by begetting a mutuall diſtruſt, and by that a mutuall diſaffection between them, to hazard the danger even of the deſtruction of both.
My Lords,
I ſhall the leſſe need to preſſe this, becauſe as it were unreaſonable in any caſe to ſuſpect your Iuſtice, ſo here eſpecially, where your intereſt ſo nearly unites you, your great ſhare in poſſeſſions, giving you an equall concernment in propriety, the care and paines uſed by your Noble Anceſtors in the founding and aſſerting of our conmon Liberties, rendring the juſt defence of them, your moſt proper and peculiar inheritance, and both exciting to oppoſe and extirpate all ſuch deſignes as did introduce, and would have ſet led an Arbitrary, that is, an intollerable forme 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 doe; and his abſence accuſeth no leſſe than his Crime. Neither will I excuſe the length of what I have ſaid, becauſe I cannot adde to an Excuſe, without adding to the Fault, or my owne imperfections, either in the matter or manner of it, which I know must appeare the greater, by being compared with that learned Gentlemans great abilitie, who hath precoded me at this time: I will onely deſire by the Command, and in the behalfe of the Houſe of Commons, that theſe proceedings againſt the Lord Finch, may be put in ſo ſpeedy away of diſpatch, as in ſuch caſes the courſe of Parliament will allow.
YEſterday, the affaires of this Houſe did borrow all the time allotted to the great Committee of Religion; I am ſorry that (having but halfe a day in a whole week) we have loſt that.
Mr. Speaker, The ſufferings that wee have undergone, are reduceable to two heads: The firſt concerning the Church: The ſecond belonging to the Common-wealth. The firſt of theſe muſt have the firſt fruites of the Parliament, as being the firſt in weight and worth, and more immediately to the honour of God, and his Glory, every dramme whereof, is worth the whole weight of a Kingdome. The Common-wealth (it is true) is ful of apparent dangers, the Sword is come home unto us, and two Twinned Nations, united together under one regall Head, Brethren together in the Bowels and Boſome of the ſame Iſland, and which is above all, is imbanded together in the ſame Religion, (I ſay in the ſame Religion) by a divelliſh Machination, like to be fatally imbrewed in each others blood, ready to digge each others Graves, Quantillum abfuit.
For other grievances alſo, the poore diſ-hearted Suject ſadly grieves, not able to diſtinguiſh betweene Power and Law, and with a weeping heart (no queſtion)89 hath long prayed for this houre in hope to be relieved; and to know hereafter whether any thing hee hath (beſid•s his poore part and portion of the common Aire hee breatheth) may be truly called his owne.
Theſe Mr. Speaker, and many other, doe deſerve, and muſt ſhortly have our deepe 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 wil be unproſperous, if wee put any determination before that of Religion. For my part, let the Sword reach from the North to the South, and a generall perdition of all our remaining rights threaten us in an open view, it ſhall bee ſo farre from making mee to decline the firſt ſetling 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 Soules.
If then, Mr. Speaker, it may paſſe 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 Eccleſiaſticall perſons; Then of Eccleſiaſticall 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 Kingdomes, nay this is God and the two Kingdomes cauſe.
And therefore, Mr. Speaker, my humble motion is, that wee may all of us, ſeriouſly, ſpeedily, and heartily enter upon this, the beſt and the greateſt, and the moſt important cauſe wee can treate on.
Now, Mr. Speaker, in purſuite of mine owne motion, and to make a little entrance into theſe great86 Affaires, I will preſent unto you the Petition of a poore diſtreſſed Miniſter in the Cou•ty of Kent, a man conformable in his practice, Orthodoxe in his Doctrine, laborious in his Miniſtery, as any wee have or I doe know, He is now a ſufferer (as all good men are) under the generall obloquy of a Puritan, as with other things was admirably delivered by that ſilver Trumpet at the Bar, the Purſevant watched his doore, and divides him and his Cure aſunder to both their griefes; for it is not with him as perhaps with ſome, that ſet the Purſevant at worke, 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 moove that great Biſhop (too great indeede) to take this danger from off this Miniſter and recall the Purſevant: And withall did undertake for Mr. Wilſon (for ſo is your Petitioner called) that hee ſhould anſwere his Accuſers in any of the Kings Courts a•Weſtminſter: The Biſhop made me this anſwere in His verbis, I am ſure that hee will not abſent from his Cure a Twelve-moneth together, and then I doubt not but once in a yeare wee ſhall have him. This was all that I could obtaine, but I hope (by the helpe of this Houſe) before this yeare of threats-be runne out, his Grace will eyther have more Grace, or no Grace at all. For our griefes are manifold, and doe fill a mighty and vaſt Circumference, yet ſo that from every part, our lines of ſorrow doe lead unto him, and point at him, as the Center from whence our miſeries doe grow.
Let the Petition be read, and let us enter upon the worke.
YOu have many private particular Petitions, give me leave by word of mouth to interpoſe one more generall, 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 meane the Papists for the one part, and our Prelating Faction for the other; between theſe two in their ſeverall progreſſe, I obſerve the concurrence of ſome few parallells, fit as I conceive to bee 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 & ins are Iudges in their owne caſe: yet herein their Inquiſitors are better than our High Commiſtio•ers, they (for ought I ever heard) doe not (Savir•in ſuos) puniſh for delinquents and offenders, ſuch as profeſſe and practice Religion, according as it is eſtabliſhed by the Lawes of the Land where they live.
But with us, how many poore diſtreſſed Miniſters?92 nay how many ſcores of them in a few yeares paſt, have beene ſuſpended, degraded, and excommunicated? not guil•y of the breach of any eſtabliſhed Lawes: The Petitions of many are here with us, more are comming, all their prayers are in Heaven for redreſſe: Downe therefore with theſe Money-changers; They doe confeſſe Commutation of Penance, and I may therefore moſt juſtly call them ſo.
Secondly, with the Papiſts there is a Myſterious Artifice, I meane their Index Expurgatorius, whereby they clip the tongues of ſuch witneſſes whoſe evidence they doe not like: To theſe I parallel our late Imprimators, Licenſers for the Preſſe, ſo handled, that truth is ſuppreſt and popiſh Pamphlets flie abroad Cum privilegio, witneſſe the audacious Libells againſt true Religion, written by Coſſens, D we, Heylin, Pocklington, Mead, Shelford, Swan, Roberts, and many more, I name no Biſhops, but I adde, &c.
Nay, they are already growne ſo bold in this new trade, that the moſt learned Labourers of our ancient and beſt divines, muſt bee new corrected, and defaced with a Delineatur, by the ſupercilious penne of my Lords young Chaplaine, fit perhaps for the Technicall Arts, but unfit to hold the Chaire for Divinity.
But herein the Roman Index is better than our Engliſh Licences, they thereby doe prove the current of their owne eſtabliſhed Doctrines, a point of wiſedome; but with us our Innovators by this Artifice do alter our ſetled Doctrines, nay they doe ſubinduce poynts repugnant and contrary: and this I doe affirme upon my ſelfe to prove.
One parallell 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 appeale: I confeſſe Mr. Speaker, I cannot93 altogether match a Pope with a Pope, yet one of the ancient Titles of our Engliſh Primate, was Alterius orbis Papa, but thus farre I can goe (ex ore ſuo) it i•in Print; hee pleads faire for a Patriarchall, and for ſuch a one whoſe Iudgement (he before hand profeſſeth) ought to be finall, and then I am ſure it ought to bee unerring; put theſe two together, and you ſhall finde that the finall 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 feare the end and top of his Patriarchall plea, may be as that of Cardinall Poole, his Predeceſſour, who would have two heads, one Caput Regale, the other Caput Sacerdotale, a proud parallell to ſet up the Myter above the Crowne.
But herein I ſhall bee free and cleare, if one there muſt be, be it a Pope, be it a Patriarch, this I reſolve upon for mine own choyce, Procul a love, procul a fulmine, I had rather ſerve one as far as Tyber, then to have him come to mee ſo neare as the Thames, a Pope at Rome will doe mee leſſe hurt, than a Patriarch may doe at Lambeth.
I have done, and for this third parallell, I ſubmit it to the wiſedome and conſideration of this grave Committee for Religion: In the meane time I doe ground my Motion upon the former two, and it is this in briefe.
That you would be pleaſed to ſelect a ſub-Committee of 4.6.8.9. or 10. at the moſt, and to impower them for the diſcovery of the great numbers of oppreſſed Miniſters, under the Biſhops tyranny for theſe ten yeares laſt paſt, we have the complaints of ſome, but more are ſilent, ſome are patient and will not complaine, others are fearefull and dare not, many dead, and many beyond the Seas, and cannot complaine.
92And in the ſecond place, that the ſub-Committee may examine the Printers, what Bookes by bad licence have beene corruptly iſſued forth. And what good Bookes have beene (like good Miniſters) ſilenced, clipped, or cropped.
The worke I conceive, will not be difficult, but will quickly returne into your hands full of weight.
And this is my Motion.
THis Morning is deſigned for the conſideration of the late Canons, and the former; and of that which the Clergy have miſ-called a benevolence; I ſhall for the preſent, onely touch the firſt of them, and that is the Roman Velites, wht did uſe to beginne the Battaile: ſo ſhall I but valitande, and skirmiſh, whilſt the maine Battaile is ſetting forwards.
The Pope as they ſay, hath a triple Crown, anſwerable thereunto, and to ſupport it, hee pretendeth to have a threefold Law.
Iuſt ſo our Prelates from the pretended Divinity of their Epiſcopacy, and from the temporall 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 doe you call the meeting wherein they were made?
Mr. Speaker, who can frame an argument aright, unleſſe he can tell againſt what he is to argue?
Would you confute the Convocation-houſe? they were a holy Synod; they were Commiſſioners? will you diſpute their Commiſſion? they will mingle all power together, and perhaps anſwer, they were ſomething elſe, that we neither knew nor imagined; unleſſe they would unriddle themſelves, and owne what they were, wee may proſecute non-concludent Arguments.
Mr. Speaker, I have conferred with ſome of the Founders of thoſe Canons, but I profeſſe here, that I could never meet with any one of that aſſembly, who could well anſwer to that firſt queſtion of the Catechiſme, What is your name? Alas, they were parted before they knew what they were, when they were together.
96The ſumme of all the ſeverall anſwers that I have received, do all together amount unto this: They were a Convocationall, Synodicall Aſſembly of Commiſſioners; Indeed a threefold Chaemera, a Monſter to our Lawes, a Cerberus to our Religion. A ſtrange Commiſſion, where no Commiſſioners name is to be found ▪ A ſtrange Convocation that lived when the Parliament was dead. A ſtrange holy Synod, when the one part never ſaw nor conferred with the other.
But indeed, there needed no conference, if it be true of theſe Cannons which I read of the former, Quis neſcit, Canones Lambethae formari priuſquam in Synode ventilentur?
Well Mr. Speaker, they have Innovated upon us; wee may ſay, it is Lex talionis to Innovate upon them, and ſo I hope we ſhortly ſhall doe.
In the meane time, my humble motion is, that every member of that aſſembly, who voted their Cannons, may come ſeverally to the Barre of this Houſe, with a Book of Cannons in his hand and there unleſſe he can anſwer that Catechiſme queſtion, as I called it, better then I expect he can, conceptis verbis, in ſuch expreſſe termes as this honourable houſe ſhall then think fit, he ſhall abjure his owne Iſſue, and be commanded to give fire to his owne Canons.
And this motion I take to be just.
YEſterday we did regulate the moſt important buſineſſe before us: and gave them motion, ſo that our great and weighty affaires, are now on their feet in their progreſſe, journying on towards their ſeveral periods, where ſome I hope will finde their lateſt home.
Yet among all theſe I obſerve one, a very maine one, to ſleepe ſine die: give me leave to awaken it; it is a buſineſſe of an immenſe weight, and worth; ſuch as deſerves our beſt care, and moſt ſevere circumſpection. I meane the Grand Petition long ſince given in by many thouſand Citizens againſt the domineering Clergy.
Wherein (for my part) although I cannot approve of all that is preſented unto you, yet I do clearely profeſſe, that a great part of it, nay the greateſt part thereof, is ſo well grounded, that my heart goes cheerefully along therewith.
It ſeemes that my Countrey (for which I have the honour to ſerve) is of the ſame minde, and leaſt you ſhould thinke that all faults are included within the walls of Troy, they will ſhew you,
98Iliacos intra muros peccatur, & extrae.
The ſame grievances which the City groanes under, are provinciall unto us, and I much feare they are Nationall among us all.
The pride, the avarice the ambition, and oppreſſion, by our ruling Clergie is Epidemicall, it hath infected them all. There is not any, or ſcarce any of them, who is not practicall in their own great cauſe in hand, which they impiouſly doe miſ call, the Piety of the times, but in truth ſo wrong a Piety, that I am bold to ſay,
In facinus juraſſe putes. —
Here in this Petition is the diſeaſe repreſented, here is the cure intreated.
The number of your Petitioners is conſiderable, being above five and twenty hundred names, and would have been foure times as many, if that were thought materiall.
The matter in the Petition is of high import: but your Petitioners themſelves are all of them quiet and ſilent at their owne houſes, humbly expecting and praying the reſolution of this great Senate, upon theſe their earneſt and thrice hearty deſires.
Here is no noyſe, no numbers at your doore: they will be neither your trouble nor your jealouſie; for I doe not know of any one of them this day in the towne: ſo much they doe affie in the juſtice of their Petition, and in the goodneſſe of this houſe.
If now you want any of them here to make avowance of their Petition, I am their ſervant. I doe appeare for them, and for my ſelfe, and am ready to avow this Petition in their names, and in my owne.
Nothing doubting, but fully confident that I may juſtly ſay of the preſent uſage of the Hierarchy in the99 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.
I Was yeſterday and the time before, for the retaining of the London Petition and am in the ſame minde ſtill; and therefore doe now riſe up againſt the propoſall of that queſtion which is now called for; Whether Epiſcopacy it ſelfe be to be taken into conſideration by the Committee: wherein I doe diſtinguiſh of a twofold Epiſcopacy the firſt, in Statu puro, as it was in the Primitive times: the ſecond, in Statu corrupto, as it is at this day, and is ſo intended and meant in the London Petition. Now I hold that Epiſtopacy in this latter ſence is to be taken into conſideration as a thing that trencheth not onely upon the right and liberties of the Subject; of which I ſhall have occaſion to ſpeake hereafter. But as it is now, it trencheth upon the Crowne of England in theſe foure particulars, wherein100 in I know, this Houſe will willingly heare me,
Firſt, it is maintained by the Biſhop of Exeter in a Booke which he hath writ to this purpoſe, that Epiſcopacy it ſelfe both in the office and in the juriſdiction is de Iure Divino, of Divine right; which poſition is directly contrary to the Lawes of England, of which I will cite but two or three in ſtead of many more. The Statute of Carliſle 35. Ed. 1. mentioned in Caudries caſe; in the fifth Report, ſaith, that the Church of England is founded in the ſtate of Prelacie by the Kings of England and their Progenitors. Which likewiſe appeares by the firſt Chapter in Magna Charta, in theſe words, Conceſſimus Deo & Eccleſiae Anglicanae omnes libertates, &c. and in the twentie fifth yeare of Edward the third, in the French Roll which I have ſeene, there the Archbiſhop and Clergie petition the King for their liberties, in theſe words, thus Engliſhed, That for the reverence of God and holy Church, and of his grace and bounty, he will confirme all thoſe liberties, priviledges, and rights, granted and given by him and his noble Progenitors, to the Church by their Charters: which plainly ſheweth, that they have their Epiſcopall Juriſdiction from the Kings of England, and not Iure divino, by divine right: and this likewiſe is acknowledged by themſelves in the Statute of 37. H. 8. cap. 17. that they have their Epiſcopall juriſdiction, and all other Eccleſiaſticall juriſdiction whatſoever ſolely and onely, by, from, and under the King.
The ſecond thing that is trenching upon the Crowne, is this, that it is holden at this day, that Epiſcopacy is inſeparable to the Crowne of England; and therefore it is commonly now ſaid, No Biſhop, no King: no Miter, no Scepter: which I utterly deny; for it is plaine and apparant, that the Kings of England were long before Biſhops, and have a ſubſiſtance without them, and have done, and may ſtill depoſe them.
101The third is likewiſe conſiderable, as trenching upon the Crowne, which is that was ſaid under the Gallery, that Epiſcopacy was a third eſtate in Parliament, and therefore the King and Parliament could not be without them. This I utterly deny, for there are three eſtates without them, as namely, the King, who is the firſt eſtate; the Lords Temporall the ſecond, and the Commons the third; and I know no fourth eſtate. Beſides, the Kings of England have had many Parliaments, wherein there have beene no Biſhops at all: as for example, Ed. 1.24 of his reigne held his Parliament at Edmundbury, excluſo Clero; and in the Parliament 7. R. 2. c. 3. & 7. R. 2. c. 12. it doth appeare, that they were enacted by the King, with the aſſent and agreement of the Lords Temporall, and Commons, where the eſtates of Parliamen are mentioned, and not the Clergie. Divers other ſtatutes might likewiſe be named to this purpoſe, which I omit.
The fourth and laſt thing is of the Biſhops holding of the Eccleſiaſticall Courts in their owne names, and not in the name of the King, nor by Commiſſion from him, contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Biſhop Ridley, Coverdale, and Ponnet, who tooke Commiſſions from the KING for holding their Eccleſiaſticall Courts, as may be ſeene at this day in the Rolles.
And although it will be objected, that by a late Proclamation, in the yeare of our Lord God, 1637. wherein the opinion of the Iudges mentioned, it is declared upon their opinion, that the act of 1 Edw. 6. was repealed, and that Biſhops may now keep Courts in their owne names, and ſend proceſſe under their owne Seales; yet it is well knowne, that the Statute of 1 Q. Mary, which repealed the Statute of 1 Ed. 6. was it ſelfe repealed by the Statute of 1 Iac. cap 25. Whereupon it was holden upon102 a full debate of this poynt in Parliament, 7 Iac. which I have ſeene that upon conſideration of the Statutes of 1 Iac. and 1. Eliz. cap 1. and 8 Eliz. cap. 1. that the Statute of 1 Ed. 6. was revived ▪ and that Biſhops ought not to keepe Courts in their owne names: So that for theſe reaſons ſo nearely concerning the right of the Crowne of England in the poynt of Epiſcopacy, I am againſt the propoſall of that queſtion, and am for the retaining of the London Petition, and for a thorow Reformation of all abuſes, and grievances of Epiſcopacy mentioned in the Miniſters Remonſtrance, which Reformation may perhaps ſerve the turne without alteration of the Government of England, into a forme of Presbytery, as it is in other Kingdomes of Scotland, France, Gen•va, and the Low Countries, which for mine owne part, had I lived in theſe Kingdomes, I ſhould have bin of the opinion of the Proteſtant party in point of Presbytery, becauſe thoſe Kingdomes are governed by the Civill Law, which maintaines the juriſdiction of the Pope and Papall Epiſcopacy, which the ancient Lawes of England condemne, being likewiſe in themſelves oppoſite to the Civill and Canon Lawes. And if notwithſtanding all the Reformation that can be made by the Lawes of this Land, a better forme of government may evidently appeare to us, concerning which there is no forme now before us; it is to be taken by us into conſideration, according to that imperiall Conſtitution in theſe words, In rebus nobis conſtituendis evidens utilitas eſſe debet, ut ab eo jure recedatur quod diu aequum viſum eſt.
And ſo Mr. Speaker, I ſhortly conclude, that for theſe Reaſons, omitting divers more, the London Petition is to be retained.
WEe are here aſſembled to doe Gods buſineſſe and the Kings, in which our owne is included, as wee are Chriſtians, as wee are Subjects. Let us firſt feare GOD ▪ then ſhall wee honour the King the more: for I am afrayd wee have beene the leſſe proſperous in Parliaments, becauſe wee have preferred other matters before Him. Let Religion be our Primum Quarite, for all things elſe, are but Etcaetera's to it; yet we may have them too, ſooner and ſurer, if wee give God his precedence.
We well know what diſturbance hath been brought upon the Church, for vain petty trifles. How the whole Church, the whole Kingdome hath beene troubled, where to place a Metaphor, an Altar. Wee have ſeene Miniſters, their Wives, Children, and Families undone, againſt Law, againſt Conſcience, againſt all Bowells of Compaſſion, about not dancing upon Sundayes. What doe theſe ſort of men think will become of themſelves, when the Maſter of the houſe ſhall come, and finde102〈1 page duplicate〉103〈1 page duplicate〉104them thus beating their fellow ſervants? Theſe Inventions were but Sives made of purpoſe to winnow the beſt men, and that's the Devills occupation. They have a minde to worry preaching, for I never yet heard of any, but diligent preachers that were vext with theſe and the like devices. They deſpiſe propheſie, and as one ſaid, They would faine be at ſomething were like the Maſſe, that will not bite. A muzzl'd Religion. They would evaporate and diſ-ſpirit the power and vigour of Religion, by drawing it out into ſolemne, ſpecious formalities, into obſolete, antiquated Ceremonies, new furbiſh'd up. And this (belike) is the good worke in hand, which Dr. Heylin hath ſo often celebrated in his bold Pamphlets. All their Acts, and actions are ſo full of mixtures, involutions and complications, as nothing is cleare, nothing ſincere in any of their proceedings: Let them not ſay, that theſe are the perverſe ſuſpitious malicious interpretations of ſome few factious Spirits amongſt us, when a Romaniſt hath bragged, and congratulated in print, That the face of our Church begins to alter, the Language of our Religion to change. And Sancta Clara hath publiſhed, That if a Synod were held, Non intermixtis Puritanis, ſetting Puritanes aſide, our Articles and their Religion would ſoone be agreed. They have ſo brought it to paſſe, that under the name of Puritans, all our Religion is branded, and under a few hard words againſt Ieſuites, all popery is countenanc'd.
Whoſoever ſquares his actions by any rule, either Divine or Humane, hee is a Puritan. Whoſoever would be governed by the Kings Lawes, he is a Puritan. Hee that will not doe whatſoever other men would have him doe, he is a Puritan. Their great worke, their Maſter-piece now is, To make all thoſe of the Religion, to be the ſuſpected party of the Kingdome.
105Let us further reflect upon the ill effect theſe Courts have wrought, what by a defection from us, on the one ſide, a ſeparation on the other; Some imagining whither we are tending, made haſte to turne, or declare themſelves Papiſts before hand, thereby hoping to render themſelves the more gracious, the more acceptable. A great multitude of the Kings Subjects, ſtriving to hold communion with us; but ſeeing how far we were gone, and ſearing how much further we wou•d goe, were forc'd to flye the Land, ſome into other inhabited Countries, very many into Savago wilderneſſes, becauſe the Land would not bear them. Do not they that cauſe theſe things caſt a reproach upon the government?
Mr. Speaker, let it be our principall care that theſe wayes neither continue, nor returne upon us. If wee ſecure our Religion, wee ſhall cut off and defeat many Plots that are now on foot by Them and Others. Beleeve it Sir, Religion hath beene for a long time, and ſtill is the great deſigne upon this Kingdome. It is a knowne and practic'd principle, That they who would introduce another Religion into the Church, muſt firſt trouble and diſorder the government of the State, that ſo they may worke their ends, in a confuſion which now lyes at the doore.
I come next Mr. Speaker, to the Kings buſineſſe more particularly; which indeed is the Kingdomes, for one hath no exiſtence ▪ no being without the other, their relation is ſo neere; yet ſome have ſtrongly and ſubtilly laboured a divorce, which hath beene the very band both of King and Kingdome.
When foundations are ſhaken, it is high time to looke to the building. He hath no Heart, no Head, no Soule, that is not moved in his whole man, to look upon the diſtreſſes, the miſeries of the Common-wealth, that is not forward in all that he is, and hath, to redreſſe them in a right way.
106The King likewiſe is reduced to great ſtraights, wherein it were undutifulneſſe beyond inhumanity, to take advantage for him: let us rather make it an advantage for him, to doe him beſt ſervice when he hath moſt need. Not to ſeeke our owne good, but in Him, and with Him, elſe wee ſhall commit the ſame crimes our ſelves, which wee muſt condemne in others.
His Majeſty hath clearely and freely put himſelfe into the hands of this Parliament, and I preſume, there is not a Man in this Houſe, but feeles himſelfe advanc't in this high truſt; but if Hee proſper no better in our hands than he hath done in theirs, who have hitherto had the handling of his affaires, wee ſhall for ever make our ſelves unworthy of ſo gracious a confidence.
I have often thought and ſaid, that it muſt bee ſome great extremity, that would recover and certifie this ſtate, and when th•t extremity did come, Jt would be a great hazzard whether it might prove a remedy, or ruine. We are now Mr. Speaker upon that verticall turning poynt, and therefore it is no time to palliate, to foment our owne undoing.
Let us ſet upon the remedy, wee muſt firſt know the Diſeaſe: But to diſcover the deſeaſes of the State, is (according to ſome) to traduce the Government; yet others are of opinion, that this is the halfe way to the Cure.
His Majeſty is wiſer than they that have adviſed him, and therefore hee cannot but ſee and feele their ſubverting deſtructive Counſells, which ſpeake lowder than I can ſpeak of them: for they ring a dolefull deadly knell over the whole Kingdome. His Majeſty beſt knowes who they are: for us, let the Matters bolt out the men; their actions diſcover them.
They are men that talke largely of the Kings107 ſervice, have done none but their owne, and that's too evident.
They ſpeake highly of the Kings power, but they have made it a miſerable power, that produceth nothing but weakneſſe, both to the King and Kingdome.
They have exhauſted the Kings revenew to the bottome, nay through the bottome, and beyond.
They have ſpent vaſt ſummes of money waſtefully, fruitleſly, dangerouſly: So that more money without other Counſells will be but a ſwift undoing.
They have alwayes peremptorily purſued one obſtinate pernicious courſe. Firſt, they bring things to an extremitie, then they make that extremity of their owne making, the reaſon of their next action, ſeven times worſe than the former, and there wee are at this inſtant.
They have almoſt ſpoyled the beſt inſtituted Government in the world, for Soveraignty in a King, liberty to the Subject; the proportionable temper of both which, makes the happieſt ſtate for power, for riches, for duration.
They have unmannerly and ſlubbringly caſt all their Projects, all their Machinations upon the King: which no wiſe or good Miniſter of State ever did, but would ſtill take all harſh, diſtaſteful things upon themſelves, to cleare, to ſweeten their Maſter.
They have not ſuffered his Majeſtie to appeare unto his people, in his owne native goodneſſe.
They have eclipſed him by their interpoſition: althogh groſſe condenſe bodies may obſcure, and hinder the Sun from ſhining out, yet is hee ſtill the ſame in his owne ſplendor. And when they are removed, all Creatures under him are directed by his light, comforted by his beames: But they have framed a ſuperſtitious ſeeming Maxime of State for their owne turne; That if a King will ſuffer men to be torne from him, hee ſhall never have108 any good ſervice done him. When the plaine truth is, that this is the ſureſt way to preſerve a King from having ill ſervants ab•ut him. And the Divine Truth likewiſe is, Take away the wicked from the King, and his Throne ſhall be eſtabliſhed.
Mr. Speaker, Now wee ſee what the ſores are in generall: and when more particulars ſhall appeare; let us be very carefull to draw out the Cores of them; not to skin them over with a ſlight ſuppurating, f•ſtring Cure, leſt they breake out againe into a greater m ſchiefe; conſider of it, conſult and ſpeake your min es.
It hath heretofore beene boaſted, That the King ſhould never call a Parliament till he had no need of his people; Theſe were words of Diviſion, and malignitie. The King muſt alwaies according to his occaſions, have uſe of his peoples Power, Hearts, Hands, Purſes. The People will alwayes have need of the Kings Clemencie, Iuſtice, Protection. And this Reciprocation is the ſtrongest, the ſweeteſt union.
It hath bin ſaid too of late; That a Parliament will take away more from the King, then they will give him. It may well be ſaid, That thoſe things which will fall away of themſelves, will enable the Subject to give him more than can be taken any way elſe. Projects and Monopolies are but leaking Conduit-pipes; The Exchequer it ſelfe at the full ſt, is but a Cuſtome; and now a broken one; frequent Parliaments onely are the Fountaine: And I doe not doubt but in this Parliament, as wee ſhall bee free in our adviſes, ſo ſhall wee be the more free of our purſes, that his Majeſtie may experimentally finde the reall difference of b•tter Counſells, the true ſolid grounds of raiſing and eſtabliſhing his Greatneſſe, never to be brought againe (by Gods bleſſing•) to ſuch dangerous, ſuch deſperate perplexities.
109Mr. Speaker, I confeſſe I have now gone in a way much againſt my Nature, and ſomewhat againſt my Cuſtome heretof•re uſed in this place. But the deplorable, diſmall condition both of Church and State have ſo far wrought upon my judgement, as it hath convinced my diſpoſition, yet am I not Vir Sanguinum; I love no mans ruine; I thanke God, I neither hate any mans perſon, nor envie any mans fortune, onely I am zealous of a thorow Reformation in a time that exacts, that extorts it. Which I humbly beſe•ch this Houſe may bee done with as much lenity, as much moderation, as the publick ſafety of the King and Kingdome can poſſibly admit.
IT will become us thankfully to acknowledge the prudent and painfull endeavours of my Lords, the Peeres, Commiſſioners intreating with the Scots, in mediating with the King: whereby (God aſſisting) wee are now probably drawing neare to a bleſſed peace.
His Majeſty in his Wiſedome and Goodneſſe, is graciouſly pleaſed to give his royall aſſent to their Acts of Parliament, wherein the Articles of their Aſſembly are likewiſe included: Inſomuch as their Religion, their Lawes, their Liberties are ratified and eſtabliſhed: Beſides, their Grievances reliev'd, and redreſs'd; For which Wee uſe to give the King Money, and are ſtill ready to doe it. This (although it be a large) yet it is not received as a full ſatisfaction.
Beſides, when They came into England, they publiſhed in a Remonſtrance, That they would take nothing of the Engliſh, but what they would pay for, or give ſecurity. We have defrayed them hitherto, and are provided to doe it longer.
They did well remember, that we aſſiſted them in the111 time of their Reformation: And it is not to be forgotten; that we did beare our owne charges.
Concerning mutuall Restitution of Ships, and Goods, My Lords the Commiſſioners have very fairely and diſcreetly accommodated that particular already.
As for inferentiall conſequentiall dammages, ſuch a Repreſentation would but miniſter unacceptable matter of Difference and Conteſtation, which amongſt friends ought to be warily and wiſely avoyded.
We could alleadge and truely too, That Northumberland, New-Caſtle, and the Biſhoprick, will not recover their former ſtate theſe twenty yeares. Wee have heard it ſpoken here in this houſe, by an underſtanding knowing member in the particular, that the Coale-Mines of New-Caſtle will not bee ſet right againe for out hundred thouſand pounds; beſides the over-price of Co•les which all the while it hath, and will caſt this City, and〈◊〉parts of the Kingdome. A great••ale more of this nature might be rehearſed; but I delight not to preſſe ſuch renter ſtretched Arguments. Let us on both ſides rather thanke God, by proceeding in the way he hath•••d before us, and not wry his way to ours. Time and his Bleſsing will repaire all our implicit Dammages, with many proſperous explicite advantages.
They ſay that they doe not make any formall demand; But they doe make a ſumme to appeare; five hundred and foureteene thouſand pounds, more than〈◊〉gave the King at once. Aportentous Apparition! which ſhewes it ſelfe in a very dry time, when the Kings revenue is totally exhauſted, his Debts exceſſively multiplied, the Kingdom generally impoveriſhed, by grievous burthens, and diſordered Courſes: All this ſupply is to be drawne out of us onely, without the leaſt helpe from any of his Majesties other Dominions: which to my ſeeming will be an utter draining of the people; unleſſe England bee Puteus inexhauſtus as the Popes were wont to call it.
112Notwithſtanding Sir, now that I have in part opened the ſtate we are in though nothing ſo exactly as they have done theirs: I ſhall moſt willingly and heartily affoord the Scots whatſoever is juſt, Equitable and Honourable, even to a convenient, conſiderable round ſumme of Money, towards their loſſes and expences, That we may goe off with a friendly and handſome loos. If they reject it, we ſhall improve our Cauſe.
It was never yet thought Mr. Speaker, any great wiſedome over-much to trust a ſucceſſeful Sword. A man that walkes upon a riſing ground, the further he goes, the larger is his Proſpect. Succeſſe inlarges mens deſires, extends their ambition, it breeds thoughts in them they never thought before; This is naturall and uſuall.
But the Scots being truely touched with Religion, according to their profeſsion, that onely is able to make them keep their word: for Religion is ſtronger and wiſer than Reaſon, or Reaſon of State.
Beyond all this, Mr. Speaker, the remarkable Traces of Gods wonderfull Providence in this ſtrange worke, are ſo many, ſo apparant, as I cannot but hope almoſt to beliefe: That the ſame all-governing mercifull hand, will conduct and lead us to a happy Concluſion, will contract a cloſe•firmer union between the two Nations, than any meere humane Policy could ever have effected: which inestimable Ben fits to both, in advancing the truth of Religion, in exalting the greatneſſe of the King, in ſecuring the peace of his Kingdomes, against all Malicious, Envious, Ambitious oppoſites, to Religion, to the King, to his Kingdomes; wherein I preſume, all our deſires and prayers doe meet.
J Doe verily believe, that there are many of the Clergie in our Church, who doe think the ſimplicity of the Goſpell, too mean a vocation for them to ſerve in: They muſt have a ſpecious, pompous, ſumptuous Religion, with additionalls of Temporall greatneſſe, Authority, Negotiation: Notwithſtanding, they all know better than I, what Fathers, Schoolemen, Councells are againſt their mixing themſelves in ſecular affaires.
This Roman Ambition will at length bring in the Roman Religion, and at laſt a haughty inſolence even againſt ſupreame power it ſelfe, if it bee not timely and wiſely pre••nted.
They have amongſt them an Apothegm of their owne making, which is, No Miter, no Scepter, when wee know by deare experience, that if the Mitre be once in danger, they care not to throw the Scepter after, to confound the whole Kingdome for their intereſt.
And Hiſtories will tell us, that whenſoever the Clergie went high, Monarchy ſtill went lower: If they could114 not make the Monarch the head of their owne Faction, they would be ſure to make him leſſe: witneſſe one example for all, The Popes working the Emperour out of Italy.
Some of ours, as ſoone as they are Biſhops adepto fine, ceſſant Motus, They will preach no longer, their office then is to governe. But in my opinion they governe worſe than they Preach, though they preach not at all; for wee ſee to what paſſe their government hath brought us.
In conformity to themſelves, They ſilence others alſo, though Hierom in one of his Epiſtles ſaith, that even a Biſhop, let him be of never ſo blameleſſe a life, yet he doth more hurt by by his licence, then he can doe good by his example.
Mr. Speaker, It now behooves us, to reſtraine the Biſhops to the duties of their Function, as they may never more hanker after heterogeneous extravagant employments: Not be ſo abſolute, ſo ſingle and ſolitary in actions of Moment, as Excommunication, Abſolution, Ordination, and the like: but to joyne ſome of the Miniſtry with them, and further to regulate them according to the uſage of Ancient Churches, in the beſt times, that by a well-temper'd Government, they may not have power hereafter, to corrupt the Church, to undoe the Kingdome.
When they are thus circumſcribed, and the publique ſecur'd from their Eruptions, then ſhall not I grudge them a liberall plentifull ſubſiſtence: elſe I am ſure they can nev••be given to Hoſpitality.
Although the calling of the Clergie be all glorious within, yet if they have not a large, conſiderable, outward ſupport, they cannot be freed from vulgar Contempt.
It will alwaies be fit, that the flouriſhing of the Church ſhould hold proportion with the flouriſhing of the Common-wealth, wherein it is. If we dwell in houſes of Ceaar, why ſhould they dwell in skins? And I hope, I ſhall never ſee a good Biſhop left worſe than a Parſon without a Gleab.
115Certainly Sir, this ſuperintendencie of eminent men, Biſhops over divers Churches, is the moſt Primitive, the most ſpreading, the moſt laſting Government of the Church. Wherefore whileſt we are earneſt to take away Innovations, let us beware wee bring not in the greateſt Innovation that ever was in England.
I doe very well know, what very many doe very ſervently deſire. But let us well bethinke our ſelves, whether a popular Democraticall Government of the Church (though fit for other places) will be either ſutable or acceptable to a Regall, Monarchicall Government of the State.
Every man can ſay, (It is ſo common and knowne a Truth) that ſuddaine and great changes both in naturall and Politick bodies have dangerous opperations: and give mee leave to ſay, that we cannot preſently ſee to the end of ſuch a conſequence, eſpecially in ſo great a Kingdome as this, and where Epiſcopacie is ſo wrap'd and involv'd in the Lawes of it.
Wherefore Mr. Speaker, my humble Motion is, that we may puniſh the preſent offenders, reduce and preſerve the Calling for better men hereafter. Let us remember with freſh thankfulneſſe to God, thoſe glorious Martyr-Biſhops who were burn'd for our Religion in the times of Popery, who by their learning, zeale, and conſtancy, upheld and convey'd it downe to us.
We have ſome good Biſhops ſtill, who doe Preach every Lords Day, and are therefore worthy of double honour; they have ſuffered enough already in the Diſeaſe: I ſhall bee ſorry we ſhould make them ſuffer more in the Remedy.
THe Knights, Citizens, and Burgeſſes, now aſſembled for the Commons in Parliament, have received information of divers traiterous deſignes and practices of a great Peere of this Houſe; and by vertue of a command from them, I doe here, in the name of the Commons now aſſembled in Parliament, and in the name of all the Commons of England, accuſe Thomas Earle of Strafford, Lo. Lieutenant of Ireland, of high Treaſon: and they have commanded me further, to deſire your Lordſhips that he may be ſequeſtred from Parliament, and forthwith committed to priſon. They have further commanded mee, to let you know that they will within a very few dayes reſort to your Lordſhips, with the particular Articles and grounds of this accuſation. And they doe further deſire, that your Lordſhips will thinke upon ſome convenient and fit way, that the paſſage betwixt England and Ireland, for his Majesties ſubjects of both Kingdomes, may be free, notwithſtanding any restraint to the contrarie.
The Lord Lieutenant being required to withdraw, and after a debate thereof called in, kneeled at the Bar, and after ſtanding up, the L. Keeper ſpake as followeth.
My Lord of Strafford:
THe Houſe of Commons in their owne name, and in the name of the whole Commons of England, have117 this day accuſed your Lordſhip to the Lords of the Higher Houſe of Parliament of high treaſon. The articles they will within a very few dayes produce: In the meane time they have deſired of my Lords, and may Lords have accordingly reſolved, that your Lordſhip ſhall be committed to ſafe cuſtody to the Gentleman Ʋſher, and be ſequeſtred from the Houſe, till your Lordſhip ſhall cleare your ſelfe of the accuſations that ſhall be laid againſt you.
1. THat he the ſaid Thomas, Earle of Strafford, hath traiterouſly endevoured to ſubvert the fundamentall Lawes and government of the Realmes of England and Ireland, and in ſtead thereof to introduce on Arbitrary and Tyrannicall Government againſt Law, which hee hath declared by traiterous words, counſels, and actions, and by giving his Majeſtie advice, by force of Armes to compell his loyall Subjects to ſubmit thereunto.
2. That hee hath traiterouſly aſſumed to himſelfe Regall power over the lives, liberties, perſons, lands, and goods of his Majeſties Subject•in England and Ireland, and hath exerciſed the ſame tyrannically, to the ſubverſion118 and undoing of many, both of Peeres and others of his Majeſties Liege people.
3. That the better to enrich and enable himſelfe to goe thorow with his traiterous deſignes, hee hath detained a great part of his Majeſties revenue, without giving legall account; and hath taken great ſummes out of the Exchequer, converting them to his owne uſe, when his Majeſtie was neceſſitated for his owne urgent occaſions, and his Army had beene a long time unpaid.
4. That he hath traiterouſly abuſed the power and authoritie of his government, to the encreaſing, countenancing, and encouraging of Papiſts, that ſo hee might ſettle a mutuall dependance and confidence betwixt himſelfe and that partie, and by their help proſecute, and accompliſh his malicious and tyrannicall deſignes.
5. That hee hath maliciouſly endevoured to ſtir up enmitie and hoſtilitie between his Majesties ſubjects of England, and thoſe of Scotland.
6. That he hath traiterouſly broken the great truſt repoſed in him by his Majeſtie, of Lieutenant Generall of his Army, by wilfully betraying divers of his Majeſties Subjects to death, his Army to a diſhonourable defeat by the Scots at Newborn, and the Towne of New-Caſtle into their hands, to the end, that by the effuſion of bloud, by diſhonour, and ſo great a loſſe of New-Caſtle, his Majeſties Realme of England might be engaged in a Nationall and irreconciliable quarrell with the Scots.
7. That to preſerve himſelfe from being queſtioned for thoſe and other his traiterous courſes, hee laboured to ſubvert the right of Parliaments, and the ancient courſe of Parliamentarie proceedings, and by falſe and malicious ſlanders to incenſe his Majeſtie against Parliaments. By which words, counſels, and actions, hee hath traiterouſly, and contrary to his allegiance, laboured to alienate the hearts of the Kings Liege people from his Majestie, to ſet a diviſion betweene them, and to ruine and deſtroy his119 Majeſties Kingdomes, for which they impeach him of high Treaſon againſt our Soveraigne Lord the King, his Crown and dignitie.
8. And he the ſaid Earle of Strafford was Lord Deputie of Ireland, and Lieutenant Generall of the Army there, viz. His moſt excellent Majeſtie, for his Kingdomes both of England and Ireland, and the L. Preſident of the North, during the time that all and everie the crimes and offences before ſet forth were done and committed, and hee the ſaid Earle was Lieutenant Generall of all his Majeſties army in the North parts of England, during the time that the crimes and offences in the fifth and ſixth articles ſet forth were done and committed.
9. And the ſaid Commons by protestations, ſaving to themſelves the libertie of exhibiting at any time here after any other accuſation or impeachment againſt the ſaid Earle, and alſo of replying to the anſwers that hee the ſaid Earle ſhall make unto the ſaid articles, or to any of them, and of offering proves alſo of the premiſſes, or any of them, or any other impeachment or accuſation that ſhall be exhibited by them, as the cauſe ſhall according to the courſe of Parliaments require, doe pray that the ſaid Earle may be put to anſwer for all and every the premiſſes, that ſuch proceedings, examinations, trials, and judgements may be upon everie of them had and uſed, as is agreeable to Law and Iuſtice.
WHereas the ſaid Commons have already exhibited Articles againſt the ſaid Earle formerly expreſſed &c. Now the ſaid Commons doe further impeach the ſaid Earle as followeth, &c.
1. That he the ſaid Earle of Strafford the 21. day of March, in the 8. yeare of his now Majeſties Reigne, was preſident of the Kings Counſell in the Northerne parts of England.
That the ſaid Earle being preſident of the ſaid Counſell on the 21. day of March a Commiſſion under the great Seal of England, with certaine Schedules of inſtructions thereunto annexed, was directed to the ſaid Earle, or others the Commiſſioners therein named, wherby amongſt other things power and authority is limited to the ſaid Earle, and others the Commiſſioners therein named, to heare and determine all offences, and miſdemeanors, ſuits, debates, controverſies and demaunds, cauſes, things and matters, whatſoever therein contained, and within certaine precincts in the ſaid Northerne parts therein ſpecified, and in ſuch manner as by the ſaid Schedule is limited and appointed.
That amongſt other things in the ſaid inſtructions, it is directed that the ſaid Preſident and others therein appointed, ſhall heare and determine according to the courſe of proceedings in the Court of Starchamber, divers offences, deceits, and falſities therein mentioned, whether the ſame be provided for by the Acts of Parliament, or not, ſo that the Fines impoſed be not leſſe then by Act or Acts121 of Parliament provided for by thoſe offences is appointed
That alſo amongſt other things in the ſaid instructions, it is di•ected that the ſaid preſident and others therein appointed, have power to examine, heare, and determine, according to the courſe of proceedings in the Court of Chancery, al manner of complaints for any matter within the ſaid precincts, as well concerning lands, tenements, and hereditaments, either free-hold, cuſtomary, or coppy-holde, as Leaſes, and oter things therein mentioned, and to ſtay proceedings in the Court of Common Law by Injunction, or otherwiſe, by all wayes and meanes, as is uſed in the Court of Chancery.
And although the former Preſidents of the ſaid Counſell had never put in practiſe ſuch Inſtructions, nor ha•they any ſuch Inſtructions, yet the ſaid Earle in the moreth of May in the ſaid 8. yeare, and divers years following, did put in practiſe, exerciſe, and uſe, and cauſed to be uſed and put in practiſe the ſaid Commiſſion and Inſtructions, and did direct and exerciſe an exorbitant and unlawfull power and juriſdiction on the perſons and eſtates of his Majeſties ſubjects in thoſe parts, and did diſin-herit divers of his Majeſties ſubjects in thoſe parts of their inheritances, ſequeſtred their poſſeſſions, and did fine, ranſome puniſh and impriſon them, and cauſed them to be fined, ranſomed, puniſhed and impriſoned, to their ruine and deſtruction and namely. Sir Conier Darcy, Sir Iohn Bourcher and divers others againſt the Lawes, and in ſubverſion of the ſame. And the ſaid Commiſſion and Inſtructions were procured and iſſued by the advice of the ſaid Earle.
And he the ſaid Earle, to the intent that ſuch illegall & unjuſt power might be exerciſed with the greater licence and will did adviſe, Counſell, & procure further directions, in and by the ſaid inſtructions to be given, tha n•prohibition he granted at all, but in caſes where the ſaid Counſell ſhall exceed the limits of the ſaid inſtructions: And that if any Writ of Habeas Corpus be granted, the party be not diſcharged till the party performe the Decree and Order of the ſaid Counſell.
122And the ſaid Earle in the 13. yeare of his now Majeſties Reigne, did procure a new Commiſſion to himſelfe and others therein appointed, with the ſaid Inſtructions, and other unlawfull additions.
That the ſaid Commiſſion and Inſtructions were procured by the ſolicitation and advice of the ſaid Earle of Strafford.
2. That ſhortly after the obtaining of the ſaid Commiſſion dated the 21 of March, in the 8 yeare of his now Majeſties Reigne (to wit) the laſt day of Auguſt then next following, he the ſaid Earle (to bring his Majeſties liege people into a diſlike of his Majeſtie and of his Governement, and to terrifie the Iuſtices of the Peace from executing of the Lawes: He the ſaid Earle, beeing then Preſident, as aforeſaid, and a Iuſtice of Peace) did publiquely at the Aſſiſes held for the County of Yorke, in the City of Yorke, in and upon the ſaid laſt day of August, declare and publiſh before the people there attending for the adminiſtration of Iuſtice according to the Law, & (in the preſence of the Iuſtices ſitting; That ſome of the Juſtices were all for Law, but they ſhould finde that the Kings little finger ſhould be heavier then the loynes of the Law.
3. That the Realme of Ireland having been time out of minde anne xed to the Imperiall Crowne of England, and governed by the ſame Lawes: The ſaid Earle being Lord Deputy of that Realme, to bring his Majeſties liege people of that Kingdome likewiſe into diſtike of his Majeſties government, and intending the ſubverſion of the fundamental Lawes and ſetled governement of that Realme, and the diſtraction of his Majeſties liege people there, did upon the 30. day of September, in the ninth yeare of his now Majeſties Reigne, in the Citie of Dublin (the chiefe Citie of that Kingdome, where his Majeſties privie Counſell, and Courts of Iuſtice doe ordinarily reſide, and whither the Nobility and Gentry of that Realme doe uſually reſort for Iuſtice,) in a publik•Speech before divers of the N•bility123 and Gentry, and before the Major, Aldermen and Recorder, and many Citizens of Dublin, and other his Majeſties Liege people, declare and publiſh ▪ that Ireland was a conquered Nation, and that the King might doe with them what he pleaſed ▪ and ſpeaking of the Charters of the former Kings of England made to that Citie, he further ſaid that their Charters were nothing worth, and did binde the King no further then hee pleaſed.
4. That Richard Earle of Corke, having ſued out proceſſe in courſe of Law for recovery of his poſſeſſions, from which he was put by colour of an order made by the ſaid Earle of Strafford, and the Counſell Table of the ſaid Realme of Ireland. The ſaid Earle of Strafford, upon a paper petition without legall proceeding, did the 20 day of February, in the 11. yeare of his n•w Majeſties Reigne, threaten the ſaid Earle of Corke (beeing then a Peere of the ſaid Realme) to impriſon him, unleſſe he would ſurceaſe his ſuit, and ſaid, That he would have neither Law nor Lawyers diſpute or queſtion any of his orders. And the 20. d•y of March in the ſaid 11. year of the ſaid Earle of Strafford, ſpeaking of an order of the ſaid Counſell Table of that Realme, in the time of King James, which concerned a Leaſe which the ſaid Earle of Corke claimed in certaine rectories or tithes which the ſaid Earle of Cork alleaged to be of no force, ſaid, That he would make the ſaid Earle, and all Ireland know, ſo long as hee had the government there, any Act of State, there made or to bee made, ſhould bee as binding to the Subjects of that Kingdome, as an Act of Parliament; And did queſtion the ſaid Earle of Corke in the Caſtle Chamber, upon pretence of the breach of the ſaid order of Counſell Table, and did ſundry other times, and upon ſundry other occaſions, by his words and ſpeeches arrogate to himſelfe a power above the fundementall Lawes, and eſtabliſhed Government of that Kingdome, and ſcorned the ſaid Lawes and eſtabliſhed government.
1245 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 Realme of Ireland, ex•ending ſuch his power, to the goods, free holds, inheritances, liberties, and lives of his Majeſties Subjects in the ſaid Realme. viz. The ſaid Earle of Sir•fford the twelfth day of December, Anno Domini 1635. in the time of full peace, did in the ſaid Realme of Ireland, give and procure to bee given againſt the Lord Mount Norris (then and yet a Peere of Ireland, and then Vice-Treaſurer and receiver generall of the Realme of Ireland, and one of the principall Secretaries of State, and Keeper of the privy Signet of the ſaid Kingdome, a ſentence of death by a Councell of warre called together by the ſaid Earle of Strafford, without any warrant or authority of Law, or offence deſerving any ſuch puniſhment. And hee the ſaid Earle did alſo at Dublin, within the ſaid Realm of Ireland, in the Month of March, in the fourteenth yeare of his Majeſties Reigne without any legall or due proceedings or tryall, give, or cauſe to bee given, a ſentence of death againſt one other of his Majeſties Subjects, whoſe name is yet unknowne, and cauſed him to be put to death in execution of the ſaid ſentence.
6 That the ſaid Earle of Strafford, without any legall proceedings, and upon a paper Petition of Richard Ralſtone, did cauſe the ſaid Lord Mount-Norris to be diſſeized and put out of poſſeſſion of his free-hold and inheritance of his Mannor and Tymore in the Countrey of Armagh, in the Kingdome of Ireland, the ſaid Lord Mount-Norris having beene two yeares before in quiet poſſeſſion thereof.
7 That the ſaid Earle of Strafford, in the Term•of holy Trinity, in the thirteenth yeare of his now Majeſties Reigne, did cauſe a caſe, commonly called the caſe of125 Tenures upon defective Titles, to be made and drawne up without any ju•y or tryall, or other legall proceſſe, and without the conſent of parties, and did then procure the ludges of the ſaid Realme of Ireland to deliver their opinions and reſolutions to that caſe, and by colour of ſuch opinion, did without any legal proceeding cauſe Th•mas Lord Dillon, a Pee•e of the ſaid Realme of Ireland, to be put out of poſſeſſion of divers Lands, and Tenements, being his free-hold in the Countrey of Mago and Roſecomen, in the ſaid Kingdome, and divers other of his Majeſties Subjects to be alſo put out of poſſeſſion, & diſſeized of their free hold by colour of the ſame reſolution, without legall proceedings, whereby many hundreds of his Majeſties ſubjects were undone, and their families utterly ruinated.
8 That the ſaid Earle of Strafford upon a Petition of Sir Iohn Gifford Knight, the firſt day of February, in the ſaid thirteenth yeare of his Majesties reigne, without any regall Proceſſe, made a Decree or Order againſt Adam Viſcount Lofts of Elie, a Peere of the ſaid Realme of Ireland, and L Chancellor of Ireland, & did cauſe the ſaid Viſcount to bee impriſoned and kept cloſe priſoner, on pretence of diſobedience to the ſaid Decree or order.
And the ſaid Earle without any authority, and contrary to his Commiſſion, required and commanded the ſaid Lord Viſcount to yeeld unto him the great Seale of the Realme of Ireland, which was then in his cuſtody, by his Majeſties command, and impriſoned the ſaid Chancellour for not obeying ſuch his command.
And without any legall proceedings, did in the ſame thirteenth yeare impriſon George Earle of Kildare, a Peere of Ireland, againſt Law, thereby to enforce him to ſubmit his Title to the Mannor and Lordſhip of Caſtle Leigh in the Queens County, (being of great yearely value) to the ſaid Earle of Straffords will and pleaſure, and kept him a yeare priſoner for the ſaid126 cauſe, two moneths whereof hee kept him cloſe priſoſoner, and refuſed to enlarge him, notwithſtanding his Majeſties Letters for his enlargement to the ſaid Earle of Strafford directed.
And upon a Petition exhibited in October, 1635. by Thomas Hibbots, againſt dame Mary Hibbots widdow, to him the ſaid Earle of Strafford, the ſaid Earle of Strafford recommended the ſaid Petition to the Counſell Table of Ireland, where the moſt part of the Counſell gave their vote and opinion for the ſaid Ladie, but the ſaid Earle finding fault herewith, cauſed an order to be entred againſt the ſaid Lady and threatned her that if ſhee refuſed to ſubmit thereunto, hee would impriſon her, and fine her five hundred pounds, that if the continued obſtinate, hee would continue her impriſonment, and dou•le her fine every moneth by moneth, whereof ſhee was enforced to relinquiſh her eſtate in the land queſtioned in the ſaid Petition, which ſhortly was conveyed to Sir Robert Meredith, to the uſe of the ſaid Earle of Strafford.
And the ſaid Earle in like manner did impriſon divers others of his Majeſties Subjects upon pretence of diſobedience to his orders and decrees, and other illegall command by him made for pretended debts, titles of Lands, and other cauſes in an arbitrary and extrajudiciall courſe upon Paper Petitions to him preferred, and no other cauſe legally depending.
9 That the ſaid Earle of Strafford the ſixteenth day of February, in the twelfth yeare of his now Majeſties Reigne, aſſuming to himſelfe a power above and againſt Law, tooke upon him by a generall Warrant under his hand, to give power to the Lord Biſhop of Down, and Connor his Chancellour, or Chancellors, to their ſeverall Offices thereto to bee appoynted, to attach and arreſt the Bodies of all ſuch of the meaner and poorer ſort, who after Citation ſhould either refuſe to127 appeare before them, or appearing ſhould omit, or denie to performe, or undergoe all lawfull Decrees, Sentences, and orders, iſſued, impoſed, or given out againſt them, & them to commit and keep in the next Goal, untill they ſhould either performe ſuch ſentences, or put in ſufficient Baile to ſhew ſome reaſon before the Counſell Table, of ſuch their contempt and neglect; and the ſaid Earle, the day and yeare laſt mentioned, ſigned and iſſued a Warrant to that effect, and made the like Warrant to ſend to all other Biſhops and their Chanc•llours in the ſaid Realme of Ireland to the ſame effect.
10 That the ſaid Earle of Strafford being Lord Lieutenant, or Deputy of Ireland, procured the Cuſtomes of the Merchandize exported out, and imported into that Realme to be firmed to his owne uſe.
And in the ninth yeare of his now Majeſties Reigne, hee having then intereſt in the ſaid Cuſtomes (to advance his owne gaine and lucre) did cauſe and procure the native commodities of Ireland, to bee rated in the booke of Rates for the Cuſtomes (according to which the Cuſtomes were uſually gathered) at farre greater values and prices than in truth they were worth (that is to ſay) every Hide at twenty ſhillings, which in truth was worth but five ſhillings, every ſtone of Wooll at thirteene ſhillings four-pence, though the ſame ordinarily were worth but five ſhillings, at the utmoſt but nine ſhillings; by which meanes the Cuſtome, which before was but a twentieth part of the true value of the commoditie, was inhanſed ſometimes to a ſift part, and ſometimes to a fourth, and ſometimes to a third part of the true value, to the great oppreſſion of the Subjects, and decay of Merchandize.
11 That the ſaid Earle, in the ninth yeare of his now Majesties reigne, did by his owne will and pleaſure, and for his owne lucre reſtraine the exportation of the128 commodities of that Kingdome without his licence, as namely Pipe-ſtaves, and other commodities, and then raiſed great ſummes of money for licenſing of exportation of thoſe Commo ities, and diſpenſation of the ſaid reſtraints impoſe on them, by which meanes the Pipe-ſtaves were raiſed from foure pound ten ſhillings; or five pound per thouſand to ten poun•, and ſometimes eleven pound per thouſand; and other commodities were inhanced in the like proportion, and by the ſame meanes by him the ſaid Earle.
12 That the ſaid Earle being Lord Deputy of Ireland, on the ninth day of Ianuary in the thirteenth yeare of his Majeſties Reigne,•id then under colour to Regulate the Importation of Tobacco into the ſaid Realme of Ireland iſſue a Proclamation in his Majeſties Name, prohi iting the importati•n of Tobacco w•h•ut lice•ce of h m and the Counſell, there from an•after the firſt day of May, Anno Dom. 1638. after which reſtraint the ſaid Earle, notwithſtan ing the ſaid reſtraint, cauſed divers great q•antitie•of Tobacco to bee imported to his owne uſe, and fraughted divers ſhips with Tobacco, which he•mported to hi own uſe: and that if any ſhip brought To acco int•any Port there, the ſaid Earle and his Agents uſed to buy the ſame to his owne uſe, at their ow•e price. And•f that the owners refuſed to let him have the ſame at under-values then they were not permitted to vent the ſame: by which un ue meanes, the Earle having gotten the whole Trade of Tobacco into his owne hands, he ſold it at great and exceſſive prizes, ſuch as he l•ſt to impoſe for hi owne profit.
And the more to aſſure the ſaid Monopoly of Tobacco, he the ſaid Earle on the th ee and twentieth day of February, in the thirteenth yeare aforeſaid, did iſſue another Proclamation, commanding that none ſhould put to ſale any To acco by whole-ſale, from and after the laſt day of May, then next following, but what ſhould be made129 up into Rolls, and the ſame Sealed with two Seales by himſelfe appoynted, one at each end of the Roll. And ſuch was not ſealed to be ſeized, appoynting ſixe pence the pound for a reward to ſuch perſons as ſhould ſeize the ſame: and the perſons in whoſe cuſtody the unſealed Tobacco ſhould bee found, to bee committed to Goale, which laſt Proclamation was covered by a pretence for the reſtraining of the ſeale of unwholſome Tobacco, but it was truely to advance the ſaid Monopoly.
Which Proclamation, the ſaid Earle did rigorcuſly put in execution, by ſeizing the goods, fining, impriſoning, whipping, and putting the offenders againſt the ſame Proclamation on the Pillory, as namely Barnaby Hubbard, Edward Covena, Iohn Tumen, and divers others: and made the Officers of State, and Iuſtices of Peace, and other Officers to ſerve him in compaſſing and executing theſe unjuſt and undue courſes, by which Cruelties and unjuſt Monopolies, the ſaid Earl raiſed 100000 li. per annum gain to himſelf. And yet the ſaid Earle though he inhanced the Cuſtomes, where it concerned the Merchants in general, yet drew down the impoſt formerly taken on Tobacco from ſixe pence the pound to three pence the pound, it being for his owne profit ſo to doe.
And the ſaid Earle, by the ſame, and other rigorous and undue meanes, raiſed ſeverall other Monopolies and unlawfull exactions for his owne gaine, viz. on Starch, Iron-pots, Glaſſes, Tobacco-pipes, and ſeverall other commodities.
13 That flaxe being one of the principall and native Commodities of that Kingdome of Ireland, the ſaid Earle having gotten great quantities thereof into his hands, and growing on his owne Lands, did iſſue out ſeverall Proclamations, viz. one dated the one and twentieth day of May, in the eleventh of his Majeſties raigne, and the other dated the one and thirtieth day130 of January, in the ſame yeare, thereby preſcribing and injoyning the working of Flaxe into Yearne and Thread, and the ordering of the ſame in ſuch wayes wherein the Natives of that Kingdome were unpractiſed and unskilfull: which Proclamations ſo iſſued, were by his Commands and Warrants to his Majeſties Juſtices of Peace, and other officers, and by other rigorous meanes put in execution, and the Flaxe 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 Earle endeavoured to gaine, and did gaine in effect the ſole ſale of that native commodity.
15 That the ſaid Earle of Strafford, by Proclamation dated the ſixteenth of October, in the fourteenth yeare of his Majeſties Raigne, did impoſe upon the Owners, Maſters, Purſers, and Boat-ſwaines of every ſhip, a new and unlawfull Oath, viz. that they (two or more of them) immediately after the arrivall of any ſhip within any Port or Creek in the ſaid Kingdom of Ireland, ſhould give in a true in-voyce of the outward bulke of Wares and Merchandiſes and number of goods, and the qualities and condition of the ſaid goods, as farre as to them ſhould bee knowne, the names of the ſeverall Merchants 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 unlawfull Oath.
15 That the ſaid Earle of Strafford trayterouſly and wickedly deviſed and contrived by force of Armes in a warlike manner to ſubdue the ſubjects of the ſaid Realme of Ireland, to bring them under his tyrannicall power and will, and in purſuance of his wicked and trayterous purpoſes aforeſaid, the ſaid Earle of Strafford in the eighth yeare of his Majeſties reigne, did by his owne•uthority, without any warrant or colour of Law, taxe131 and impoſe great ſummes of money upon the Townes of Baltemore, Bandenbridge, Talowe, and divers other Townes and places in the ſaid Realme of Ireland, and did cauſe the ſame to bee leavied upon the inhabitants of thoſe Townes by troopes of Souldiers, with force and armes, in a warlike manner. And on the ninth day of March, in the twelfth yeare of his now Majeſties Reigne, trayterouſly did give authority unto Robert Savile, a Sarjeant at Armes, and to the Captains of the Companies of ſouldiers, in ſeverall parts of that Realm, to ſend ſuch numbers of ſouldiers to lye on the lands and houſes of ſuch as would not conforme to his orders untill they ſhould render obedience to his ſaid orders and warrants, and after ſuch ſubmiſſion (and not before) the ſaid Souldiers to returne to their Garriſons. And did alſo iſſue the like Warrants unto divers others, which Warrants were in warlike manner, with force and armes put in execution accordingly, and by ſuch warlike meanes did force divers of his Majeſties Subjects of that Realme, to ſubmit themſelves to his unlawfull commands.
And in the ſaid twelfth yeare of his Majeſties reigne, the ſaid Earle of Strafford did trayterouſly cauſe certaine troops of Horſe and Foot, armed in warlike manner, and in warlike aray, with force and Armes to expell Richard Butler from the poſſeſſion of Caſtle Cumber, in the Territory of Idough, in the ſaid Realme of Jreland, and did likewiſe and in like warlike manner, expell divers of his Majeſties 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 carryed them priſoners to Dublin, and there detained them untill they did yield up, ſurrender, or releaſe their reſpective eſtates and rights.
132And the ſaid Earle in like warlike manner, hath during his government of the ſaid Kingdome of Ireland, ſubdued divers others of his Majeſties Subjects eaſily to his will, and thereby, and by the meanes aforeſaid, hath levied warre within the ſaid Realm againſt his Majeſty, and his liege people of that Kingdome.
16 That the ſaid Earle of Strafford, the two and twentieth of February, in the ſeventh yeare of his now Majeſties Reigne, intending to oppreſſe the ſaid ſubjects of Ireland, did make a propoſition, and obtained from his Majeſtie an allowance, that no complaint of injustice or oppreſsion done in Ireland, ſhould be received in England againſt any, unleſſe it firſt appeared, that the party made first his addreſſe to him the ſaid Earle: and the ſaid Earle having by ſuch uſurped, tyrannicall, and ex•rbitant power, expreſſed in the former Articles, deſtroyed the Peeres and other Subjects of that Kingdome of Ireland, in their Lives, Conſciences, Land, Liberties, and Eſtates, the ſaid Earle to the intent the better to maintaine and ſtrengthen his power, and to bring the people into a diſaffection of his Majeſtie, as aforeſaid, did uſe his Majeſties name in the execution of his ſaid power.
And to prevent the Subjects of that Realme of all meanes of complaints to his Majeſty, and of redreſſe againſt him and his agents, did iſſue a Proclamation, bearing date the ſeventeenth day of Septmber, in the eleventh yeare of his Majesties Reigne, thereby commanding all the Nobility, undertakers, and others who held eſtates and offices in the ſaid Kingdome, (except ſuch as were imployed in his Majeſties ſervice, or attending in England by his ſpeciall command) to make their perſonall reſidence in the ſaid Kingdome of Ireland, and not to depart thence without licence of himſelfe.
And the ſaid Earle hath ſince iſſued other Proclamations to the ſame purpoſe, by meanes whereof the Subjects of the ſaid Realme are reſtrained from ſeeking reliefe againſt the133 oppreſſions of the ſaid Earle, without his licence: which Proclamation the ſaid Earle hath by ſeverall rigorous wayes, as by fine, impriſonment, and otherwiſe, put in execution on his Majeſties Subjects, as namely, one — Parry and others, who came over onely to complain of the exorbitances and oppreſſions of the ſaid Earle.
17 That the ſaid Earle having by ſuch meanes as afore-ſaid, ſubverted the Government and Lawes of the Kingdome of Ireland, did in March in the ſixteenth yeare of his Majeſties Reigne, in ſcandall of his Majeſty, of all his Kingdomes, 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 patterne for all his three Kingdomes.
18 That the ſaid Earle of Strafford, for the better effecting of his traiterous deſignes, and wicked purpoſes, did indevour to draw dependency upon himſelfe of the Papiſts in both Kingdomes of England and Ireland, and to that end during the time of government in Ireland, he reſtored divers Frieries, and Maſſe-houſes, (which had beene formerly ſuppreſſed by precedent Deputies of that Kingdome, two of which houſes were in the City of Dublin, and had beene aſsigned to the uſe of the Vniverſity there) to the pretended owners thereof, who have ſince imployed the ſame to the exerciſe of the Popiſh Religion.
And in the Moneth of May and Iune laſt, the ſaid Earle did raiſe an Armie in the ſaid Realme of England conſiſting of eight thouſand foot, all of which, except one thouſand, or thereabouts, were Papiſts, and the ſaid one thouſand were drawne out of the old Army there, conſiſting of two thouſand foote, and in their places there were a thouſand Papiſts, or thereabouts put into the ſaid old Army by the ſaid Earle.
134And the more to ingage and tye the new Army of Papiſts to himſelfe, and to incourage them, and to diſcourage and weare out the old Armie, the ſaid Earle did ſo provide; That the ſaid new Army of Papiſts were 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 yeare and upwards unpaid.
And that the ſaid Earle being appoynted a Commiſsioner with eleven ſeverall Counties in the Northern parts of England, for compounding with Recuſants for their forfeitures due to his Majeſty; which Commiſſion beareth date the eighth day of Iuly, in the fifth yeare of his Majeſties Reigne that now is, and being alſo Receiver of the Compoſition Money thereby ariſing, and of other debts, Duties, and penalties for his Majeſties uſe, by Letters Patents dated the 9. day of the ſaid Iuly: he, to engage the ſaid Recuſants to him, did compound with with them at low and under rates, and provided, that they ſhould bee diſcharged of all proceedings againſt them, in all his Majeſties Courts, both temporall and Eccleſiaſticall, in manifeſt breach of, and contrary to the Lawes and Statutes of this Realme, in that behalfe eſtabliſhed.
19 That the ſaid Earle having taxed and levied the ſaid impoſitions, and raiſed the ſaid Monopolies, and committed the ſaid oppreſſions in his Majeſties name, and as by his Majeſties Royall command, he the ſaid Earle in May the 15 yeare of his Majesties Reigne, did of his owne authority contrive and frame a new and unuſuall oath, by the purport whereof among many other things, the party taking the ſaid oath, was to ſweare that he ſhould not proteſt againſt any of his Majeſties royall commands, but ſubmit themſelves in all obedience thereunto. Which oath he ſo contrived to enforce the ſame on the ſubjects of the Scottiſh Nation, inhabiting in Ireland, and out of a hatred to the ſaid Nation,135 and to put them to a diſcontent with his Majeſty, & his government there, and compelled divers of his Majeſties ſaid ſubjects there to take the ſaid oath, ſome he grievouſly fined and impriſoned, and others he deſtroyed and exiled, and namely the 10 of October, Anno Dom. 1639. He fined Henry Steward and his wife, who refuſed to take the ſaid oath, 5000. pounds a piece, and their 2. daughters and Iames Gray, 3000. pounds a piece, and impriſoned them for not paying the ſaid fines. The ſaid Henry Stewards wife and daughters, and Iames Gray, being the Kings liege people of the Scottiſh Nation, and divers others he uſed in like manner, and the ſaid Earle upon that occaſion did declare, that the ſaid oath did not onely oblige them in point of allegiance to his Majeſty, and acknowledgement of his Supremacie only, but to the Ceremonies and governement of the Church eſtabliſhed; or to be eſtabliſhed by his Majeſties Royall authoritie; and ſaid, that the refuſers to obey, he would proſecute to the blood.
20 That the ſaid Earle in the 15. and 16. yeares of his Majeſties Reigne, and divers yeares paſt, laboured, and endevoured to beget in his Majeſtie an ill opinion of his ſubjects, namely, thoſe of the Scottiſh Nation, and diverſe and ſundry times, and eſpecially ſince the Pacification made by his Majeſtie with his ſaid Subjects of Scotland in Summer, in the 15 yeare of his Majeſties Reigne; he, the ſaid Earle did labour and endeavour to perſwade, incite, and provoke his Majeſtie to an offenſive warre againſt his ſaid Subjects of the Scottiſh Nation: And the ſaid Earle, by his counſell, actions, and endeavours, hath beene and is a principall and chiefe incend•ary of the warre and diſcord betweene his Majeſtie and his Subjects of England, and the ſaid Subjects of Scotland, and hath declared and adviſed his Majeſty, that the demand made by the Scots in this Parliament were a ſufficient cauſe of warre againſt them
The ſaid Earle having formerly expreſſed the height &136 rancor of his minde towards his Subjects of the Scottiſh Nation, viz. the tenth day of October, in the 15. yeare of his Majeſties Re•gne, he ſaid that the Nation of the Scots were••b••s, and traytors, and hee beeing then about to come to England, he then further ſaid, that if it pleaſed his Master (meaning his Majeſty) to ſend him backe againe, hee would root cut of the ſaid Kingdome (meaning the Kingdom of Ireland) the Scottiſh Nation both root and branch.
Some Lords and others, who had taken the ſaid oath in the precedent Article onely excepted: and the ſayd Earle hath cauſed divers of the ſaid ſhips and goods of the Scots to bee ſtayed, ſeized, and moleſted, to the intent to ſet on the ſaid warre.
21. That the ſaid Earle of Strafford, ſhortly after his ſpeeches mentioned in the laſt precedent Article, to wit, in the fifteenth yeare of his Majeſties Reigne, came into this Realme of England, and was made Lord Lieutenant of Ireland, and continued his government of that Kingdome by a Deputy: At his arrivall here, finding that his Majeſtie with much wiſedome and goodneſſe had compoſed the troubles in the North, and had made a Pacification with his Subjects of Scotland; he laboured by all meanes to procure his Majeſty to breake that Pacification, incenſing his Majesty againſt his Subjects of that Kingdome, and the proceedings of the Parliament there.
And having incenſed his Majeſtie to an offenſive war againſt his ſaid Subjects of Scotland, by Sea and by Land, and by pretext thereof, to raiſe Forces for the maintenance of that war, he counſelled his Majeſty to call a Parlament in England, yet the ſaid Earle intended, if the ſaid proceedings of that Parliament ſhould not be ſuch as would ſtand with the ſaid Earle of Straffords miſchievous deſignes he would then procure his Majeſtie to breake the ſame; and by wayes of force and power, to raiſe monies upon the ſaid ſubjects of this Kingdome.
And for the incouragement of his Majeſtie to hearken137 to his advice, he did before his Majeſty and his privie Counſell, then ſitting in Counſell, make a large Declaration, that he would ſerve his Majeſty in any other way, incaſe the Parliament ſhould not ſupply him.
22 That in the moneth of March, before the beginning of the laſt Parliament, the ſaid Earle of Stafford went into Ireland, and procured the Parliament of that Kingdome to declare their aſſiſtance in a war againſt the Scots. And gave directions for the raiſing of an Army conſiſting of 8000. foot, and 1000. horſe, being for the moſt part Papiſts, as aforeſaid. And confederating with one Sir George R•dcliffe, did together with him the ſaid Sir George, trayterouſly conſpire to employ the ſaid Army for the ruine and deſtruction of the Kingdome of England, and of his Majesties Subjects, and of altering and ſubverting of the fundamentall Laws of this Kingdome.
And ſhortly after, the ſaid Earle of Strafford returned into England, and to ſundry perſons declared his opinion to be, that his Majeſty ſhould firſt try the Parliament here, and if that did not ſupply him according to his occaſions, he might uſe then his Prerogative as he pleaſed, to levie what he needed, and that he ſhould bee acquitted both of God and man, hee tooke ſome other courſes to ſupply himſelfe, though it were againſt the will of his Subjects.
23. That upon the thirteenth day of Aprill laſt, the Parliament of England met, and the Commons houſe (then being the repreſentative Body of all the Commons in the Kingdome) did according to the truſt repoſed in them, enter into debate and conſideration of the great grievances of of this Kingdome, both in reſpect of Religion, and the publike libertie of the Kingdome, and his Majeſtie referring chiefly to the Earle of Strafford, and the Archbiſhop of Canterbury, the ordering and diſpoſing of all matters concerning the Parliament: He the ſaid Earle of Strafford, with138 the aſiſtance of the ſaid Archbiſhop, did procure his Majeſty by ſundry ſpeeches and meſſages, to urge the ſaid Commons houſe to enter into ſome reſolution for his Majeſties ſupply, for maintenance of his warre againſt his Subjects of Scotla•d, before any courſe was taken for the reliefe of the great and preſſing grievances, wherewith this Kingdome was then afflicted. Whereupon, a demand was then made from his Majeſty, of 12. Subſidies, for the releaſe of ſhip-money onely; and while the ſaid Commons then aſſembled (with expreſſions of great affection to his Majeſtie and his ſervice) were in debate and conſideration of ſome ſupply, before reſolution by them made, he the ſaid Earle of Strafford, with the helpe and aſſiſtance of the ſaid Archbiſhop, did procure his Majesty to diſſolve the laſt Parliament, upon the 5. day of May laſt: and upon the ſame day the ſaid Earle of Strafford did treacherouſly, falſely, and maliciouſly endeavour to incenſe his Majeſty againſt his loving & faithfull Subjects, who had been members of the ſaid houſe of Commons, by telling his Majesty, they had denyed to ſupply him. And afterward upon the ſame, did treacherouſly and wickedly counſell and adviſe his Majeſty to this effects, viz. that having tryed the affections of his people, he was looſe and abſolved from all rules of government, and was to doe every thing that power would admit, and that his Majeſty had tryed all ways and was refuſed, and ſhould be acquitted both of God and man; & that he had an Army in Ireland (meaning the Army above mentioned, conſiſting of Papiſts, his dependants as is aforeſaid) which he might imploy to reduce this Kingdome to obedience.
24 That in the ſame month of May, he the ſaid Earl of Strafford, falſly, treacherouſly, and maliciouſly, publiſhed and declared before others of his Majeſties Privie Counſell, that the Parliament of England had forſaken the King, and that in denying to ſupply the King, they had given him the advantage to ſupply himſelfe by other wayes:139 and divers other times he did maliciouſly, wickedly, and falſely publiſh and declare, that ſeeing the Parliament had refuſed to ſupply his Majesty in the ordinary and uſuall way, the King might provide for the Kingdome in ſuch waies, as he ſhould hold fit, and that he was not to ſuffer himſelfe to be maſtered by the frowardneſſe of the people.
And having ſo maliciouſly ſlandered the ſaid houſe of Commons, he did with the helpe and advice of the ſaid Archbiſhop of Canterbury and the Lord Finch, late Lord Keeper of the great Seal of England: cauſe to be printed, and publiſhed in his Majeſties name, a falſe and ſcandalous book entituled, his Majeſties Declaration of the cauſes that mooved him to diſſolve the last Parliament, full of bitter and malicious invectives, and falſe, and ſcandalous aſperſions againſt the ſaid houſe of Commons.
25 That not long after the diſſolution of the ſaid laſt Parliament, (viz. In the moneths of May and Iune) he the Earle of Strafford, did adviſe the King to goe on rigorouſly in leavying the Ship-money, and did procure the Sheriffes of ſeverall Countries to be ſent for for not leavying the Ship-money, divers of which were threatned by him to be ſued in the Starre-Chamber, and afterwards by his advice were ſued in the Star-chamber, for not leavying the ſame, and divers of his Majeſties loving Subjects were ſent for and impriſoned by his advice, about that and other illegall payments.
And a great loane of a hundred thouſand pounds was demanded of the City of London, and the Lord Major, and the Aldermen and the Sheriffes of the ſaid City, were often ſent for by his advice to the Councell Table, to give an account of their proceedings in raiſing of Ship-money, and furthering of that loane, and were required to certifie the names of ſuch Inhabitants of the ſaid City as were fit to lend, which they with much humility refuſing to doe, he the140 ſaid Earle of Strafford did uſe theſe or the like ſpeeches: viz. That they deſerved to be put to Fine and Ranſom, and that no good would be done with them, till an example were made of them, and they were laid by the heeles, and ſome of the Aldermen hanged up.
26 That the ſaid Earle of Strafford by his wicked Counſell having brought his Majeſty into exceſſive charges without any juſt cauſe, he did in the month of Iuly laſt (for the ſupport of the ſaid great charges) counſell and approve two dangerous and wicked Projects: viz.
To ſeize upon the Bullion, and the money in the Mint.
And to imbaſe his Majeſties Coyne with the mixtures of Braſſe.
And accordingly we procured one hundred and thirty thouſand pounds which was then in the Mint, and belonging to divers Merchants, Strangers, and others, to bee ſeized on, and ſtayed to his Majeſties uſe. And when divert Merchans of London, owners of the ſaid Bullion, came to his houſe to let him underſtand the great miſchiefe, that courſe would produce here, and in other parts, what prejudice it would bee to the Kingdome, by diſcrediting the Mint, and hindring the importation of Ballion: hee the ſaid Earle told them, that the City of London dealt undutifully and unthankfully with his Majeſty; and that they were more ready to helpe the Rebell than to helpe his Majeſty: and that if any hurt came to them, they may thank themſelves: and that it was the courſe of other Princes to make uſe of ſuch monies to ſerve their occaſions.
And when in the ſame Moneth of Iuly, the Officers of his Majeſties Mint came to him and gave him divers reaſons againſt the imbaſing the ſaid money, hee told them that the French King did uſe to ſend Commiſſaries of Horſe with Commiſſion to ſearch into mens eſtates, and to peruſe their accounts, ſo that they may know what to levie141 of them by force, which they did accordingly leavie: and turning to the Lord Conttington, then preſent, ſaid; That this was a poynt worthy his Lordſhips conſideration.
27 That in or about the Moneth of Auguſt laſt he was made Lieutenant Generall of all his Majeſties Forces in the Northerne parts againſt the Scots, and being at York, did in the Moneth of September by his owne authority, and without any lawfull warrant, impoſe a Taxe on his Majesties Subjects in the County of Yorke of eight pence per•iem, for maintenance of every Souldier of the Trayned bands of that County, which Summes of money hee cauſed to bee leavied by force. And to the end to compell his Majesties Subjects out of feare and terrour to yeeld to the payment of the ſame, He did declare that hee would commit them that refuſed the payment thereof, and the Souldiers ſhould be ſatisfied out of their eſtates; and they that refuſed it, were in very little better condition than of High Treaſon.
28 That in the Moneth of September and October laſt, he the ſaid Earle of Strafford, being certeſild of the Scottiſh Army comming into the Kingdome, and hee the ſaid Earle of Strafford being Lieutenant Generall of his Majeſties Armie, did not provide to the defence of the Towne of New-Caſtle, as he ought to have done but ſuffred the ſame to be loſt, that ſo hee might the more incence the Engliſh againſt the Scots.
And for the ſame wicked purpoſe, and out of a malicious deſire to ingage the Kings kingdoms of England and Scotland in a Nationall and bloody Warre, he did write to the Lord Conway the Generall of the Horſe, and under the ſaid Earles command, that hee ſhould fight with the Scottiſh Army at the paſſage over the Tyne, whatſoever ſhould follow; notwithſtanding that the ſaid Lord Conway had formerly by Letters informed him the ſaid Earle, that his Majeſties Armie then under his command, was not of force ſufficient to encounter the Scots, by which advice142 of his, hee did contrary to the duty of his place betray his Majeſties Armie then under his command, to apparent danger and loſſe.
All and every which Words, Counſells and Actions of the ſaid Earle of Strafford traiterouſly and contrary to his allegeance to our Soveraigne Lord the King, and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majeſty, and to ſet a diviſion betweene them, and to ruine and deſtroy his Majeſties ſaid Kingdomes. For which they doe further impeach him the ſaid Thomas, Earle of Strafford of High Treaſon against our Soveraigne Lord the King, his Crowne and Dignity.
MAY this dayes Reſolution be as happy as the Propoſition (which now moves me to riſe) ſeaſonable and neceſſary: for whether wee ſhall looke upon the King or the people, it did never more behoove us, the great Phyſitian the Parliament, to effect a true conſent towards all parts, than now: This debate carries with it a double aſpect, towards the Soveraigne, and towards the Subject; though both innocent, both injured, both to be cured.
In the repreſentation of Injuries, I ſhall crave your attention: In the Cures, I ſhall beſeech your equall cares, and better Iudgements: ſurely in the greateſt humility I ſpeake it, their illegall wayes are works and puniſhments of indignation.
The raiſing of Leavies, ſtrengthened by Commiſſion, with un-heard of inſtructions, the billiting of Souldiers, and by Lieutenants, and their Deputies, without leave have beene as if they would have perſwaded Princes (nay worlds) the right of Empire had beene had to take away what they pleaſe by ſtrong hands; and they have endeavoured as farre as it was poſsible for them to doe it.
This hath not beene done by the King under the pleaſing ſhade of whoſe Crowne I hope we ſhall ever gather the fruits of Iuſtice, but the Projectors have extended the Prerogative of the King beyond the limits, which mars that ſweete harmony.
143They have rent from us the light of our eyes, enforced Companies of gueſts upon us, worſe than the Ordinary of France, vitiated of wives and daughters before our faces, brought the Crowne to greater want, than ever it was by anticipating the Revenue: And can the ſhepheard be thus ſmitten, and the ſheepe not ſcattered?
They have introduced a Privie Councell, raviſhing at once the ſpheares of all ancient government, impriſoning without Bayle or Bond. They have taken from us: what ſhall I ſay? indeed what have they left us? All meanes of ſupplying the King, and ingratiating our ſelves with him, taking the rootes of all propriety; which if it be ſeaſonably ſet into the ground by his owne hand, we ſhall have inſtead of beauty baldneſſe.
To the making of them whole, I ſhall apply my ſelfe, and propound a remedy to all theſe diſeaſis by one and the ſame thing: Hath King and People beene hurt, and by one and the ſame thing muſt they be cured; to vindicate what? new things? no our ancient ſober vitall libertie, by reinforming our ancient Lawes, made by our Anceſtors, by ſetting ſuch a Charter upon them as no licentious ſpirits ſhould dare hereafter to enter upon them: And ſhall wee thinke that a way to breake a Parliament? no, our deſires are modeſt and just; I ſpeake truely both for the intereſt of the King and people; if we enjoy not this, it will bee impoſſible to relieve him: Therefore let us feare they ſhall not bee accepted by his goodneſſe.
Therefore I ſhall diſcend unto my motions, which conſiſts of foure parts, two of which have relation to the perſons, two to the properties of goods. For the perſons, the freedome of them from impriſonment and from imployment abroad, contrary to the ancient cuſtomes: for our goods, that no leavies be made but in Parliament.
Secondly, no billiting of Souldiers.
145It 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.
I Shall repeat little of that which hath beene ſaid, onely this; That whereas my Lord of Strafford did anſwer to many particulars; yet hee did not anſwer to that which was particularly objected againſt him; that is, that you were to heare the complaints of the whole Kingdome: now the particular of our aime, is to take off the vizard, which my Lord hath put on; wherein the truth and honour which is due to his Majeſtie, he would attribute to himſelfe.
My Lords, there is one thing which I deſire your Lordſhips to remember, it being the maine of our complaints.
146The alteration of the face of government, and tradacing of his owne Lawes; and this is the burthen upon all the Lords and Commons of Ireland. Concerning the breach of Parliament, he would put it on Sir George Ratcliffe; but i•me ſure, he cannot put off himſelfe: for Sir George Ratcliffe was not the man alone, but others joyned with him in that Aſſembly, and I am ſure my Lord of Strafford moved it for the breach of Parliament.
I ſhall addreſſe myſelfe to the body of his anſwere: Now give me leave my Lords, that I may open the nature of this great offence.
My Lords, it is a charge of Treaſon, which is a Treaſon not ended, or expired by one ſingle Act; but a trade enured by this Lord of Strafford, ever ſince the Kings favor hath been bestowed upon him.
My Lords, it hath two parts: to deprive us that which was good. And ſecondly, to bring in a Tyrannicall government, it takes away the Lawes of the Land, and it hath an arbitrary government, bounded by no law, but what my Lord of Strafford pleaſeth.
It is the law, my Lords, which we reverence, and cheerefully render to our gracious Soveraigne: The Law as it is the ground of our libertie, ſo it is the diſtribution of Iuſtice.
My Lords, in all this, my Lord of Strafford hath endeavoured to make them uncapable of any benefit: it is true my Lords; that Treaſon againſt the perſon of a Prince is high Treaſon, and the higheſt Treaſon that can be to man; but it falls ſhort of this Treaſon against the State.
When bleſſed King Iames was taken to heaven, he commended the lawes to his ſonne, our gracious Soveraigne. But my Lords, if ſuch a deſign as this ſhould take effect, that the law of Iustice ſhouldbe taken from the Throne, we are without hope of ever ſeeing happy dayes: power is not ſo eaſily laid downe, unleſſe it be by ſo good and juſt a Prince as we have.
My Lord of Straffords accuſation is conveyed into twenty147 eight Articles, and I ſhall but touch the heads, that wee ſhall inſiſt upon, and I thinke the beſt way to this, is to conſider what he did before he went into Ireland, what then, and what ſince.
He hath encroached juriſdiction where none was, taking upon him a power to repell the lawes, and to make new lawes, and in domineering over the lives and goods, and what ever elſe was the ſubjects.
My Lords, this he hath not done onely upon the meaner ſort, but upon the Peeres and auncient Nobilitie, and what may your Lordſhips expect, but the ſame meaſure at his hands here, as they have found there when he committed any to priſon: if a Habeas Corpus were granted; the Officers muſt not obey, and if any Fine were put upon the Officer, for refuſing them, there was a command that he ſhould bee diſcharged: ſo that he did not onely take power to himſelfe, but the Scepter of Iuſtice out of the Kings hand.
When he was a member of the houſe of Commons, it was his owne motion, all Miniſters of ſtate ſhould ſerve the King, according to the lawes which he hath broken himſelfe.
He doth as much as ſay, that Fines ſhall not be payed by Officers, if in this they fulfill his commands, but thoſe that releaſe a priſoner upon a Habeas Corpus ſhall finde his diſpleaſure.
My Lords, if this had been a ſingle Act, we ſhould not have accuſed him of high Treaſon, but this hath beene his common courſe, and this we preſent to your Lordſhips conſideration.
The next thing is, that in the North the people attending for Iuſtice, you ſhall ſee what a diſhonour he flung upon the ſacred Majeſtie of the King, that did advance him: ſome of the Iuſtices (ſaith he) are all for Law, but they ſhall finde that the Kings little fingers is heavier then the Loynes of the Law.
My Lords, what a ſad ſpeech was this, and what ſad Accidents148 happened upon it, you all know, and he ſaid in a ſolemne ſpeech; That Ireland was a conquered Nation, and that the King might do with them what he would, their Charters were nothing worth, they did binde the King no longer then he pleaſed. Surely you may ſee what hee would do if he had power, but we hope never ſuch counſell ſhall have acceptation in ſo gracious an Eare as our Soveraignes, and he doth not ſtay in words, but proceeds to Actions, when a Peere of the Kingdome was expelled the Kingdome for ſuing at Law for recovering of his Right, he ſaith, he would have Ireland know that neither Law nor Lawyers ſhould queſtion any thing that he ordered.
My Lords, he goes higher, for when there was an occaſion to ſpeake of an Act of State, he ſaid it ſhould bee as binding as an Act of Parliament.
My Lords, he cannot goe higher then this, hee tells them in Parliament; they were a Conquered Nation, and they muſt expect the uſage of a Conquered Nation.
The Lord Mountnorris for a few words that fell from his mouth ſpoken privately at his Table, had a Counſell of warre called againſt him and was judged to death.
My Lords, it is no marvaile that he ſaie; That the Kings little finger ſhould be ſo heavie, when his little too was ſo heavie to tread downe a Peere under his foote.
My Lords, he makes Lawes of himſelfe, and hee makes a difference in matters of Iuſtice betweene the poore and the rich, but when he hath executed his power upon the poore, he will fall upon the rich.
My Lords, he hath made that which was worth but five ſhillings to the value of twenty, and my Lords, by this he doth in effect take away what ere this commoditie is worth, he ſaith he doth it for the Kings gaine, but we ſhall make it appeare, that the Crowne hath loſt, and he hath gained.
And for the Commodity of Flax my Lords, it is but a194 Womans Commodity, but yet it is the ſtaple Commodity of Ireland.
Now my Lords, this Commondity he hath gotten wholly into his owne hands, for he made ſuch a Proclamation, that it ſhould be uſed in ſuch wayes as the Women could not doe it, and if it were not uſed in ſuch ways, that it ſhould bee ſeiſed upon, no he doth not onely put impoſitions upon the Subject, but take away the goods too, and thus he hath levyed warre againſt the Kings Subjects, and this is his courſe, that if a Decree were made by him and not obeyed, there iſſued a warrant to Souldiers, that they ſhould make Garriſon, and that they ſhould goe to the houſes of thoſe that were pretended to be diſobedient.
My Lords they have killed their ſheep and their Oxen, and bound their horſes and took them Captives till they have rendered obedience, which is expreſſely contrary to Law, for it ſaith; If any man ſet horſe or foot upon the Kings Subject, in a Military way, it is high Treaſon.
My Lords, it doth not onely oppreſſe them in their eſtates, but provoke and incite his Majeſty to lay downe his mercy and goodneſſe, and to fall into an offenſive war againſt his Subjects, and to ſay they are Rebels and Traytors.
He tels his Counſell that the Parliament having forſaken the King, and the King having tryed the Parliament, hee might uſe other wayes to procure money to ſupply his neceſſities.
My Lords, the ſame day that the Parliament was broken, he tels the King, he had 8000, foot and 1000 ▪ horſe to reduce this Kingdome to obedience.
My Lords, conſider in what a ſad time this man tooke to infuſe this ſad Counſell into the Kings eare.
My Lords, he doth adviſe the King that he was abſolved from all rules of government, but if no rule of government, what rule of obedience; Surely he meant to reduce us to a chaos and confuſion, &c. would have us without all rule of government or obedience.
150My Lords, thoſe that he would have brought to reduce us were Papiſts, Enemies of our Religion. This ſtrikes us neer my Lords, and is the griefe of our hearts; that an Iriſh army ſhould be brought into England to reduce us.
My Lords, I hope we were nere ſo far gone, as to need an army to reduce us to obedience.
My Lords, he had raiſed this Army, and if ſuch Counſell had taken effect in his Majeſties eare, he, like proud Haman, would have thought to have been Generall of the Army.
And thus my Lords, you ſee this Lord of Strafford falls upon a Counſell, which might make an irreconcileable difference to ſubdue us by his power.
OUr Anceſtors were accuſtomed to heare propoſitions in an other manner.
We repreſent unto you a very diſtreſſed eſtate, ſad tidings and diſhonourable to our Nation.
That we ſhould ſuffer our Countrey to relieve an Army that is come againſt us.
This may ſeeme to withdraw from the greatnes and honor of this Nation, but I am ſorry it ſhould be thought a Nationall diſhonour as the caſe now ſtandeth.
But I wiſh it may light upon thoſe that have been the ill inſtruments, by their imprudent Counſells to bring this Kingdome into ſuch an unhappy buſineſſe, that hath produced miſerable effects and Calamities.
But let us labour to build the honour of this Nation, and if ill and wicked men have brought this great diſhonour, great let the honour be when a ſtate is ſo diſtreſſed, by wiſdom151 and prudence to relieve it.
I doe remember when the Common-wealth of Rome was in great diſtreſſe, after the great Battayle of Cannae, they gave thankes that the Counſell did not deſpaire of the ſafety of the Common-wealth, and me thinkes there is no cauſe to deſpair, If thoſe ill Counſels and ill ways have brought us to this Calamity, ſhall hereafter bee turned to wiſe, prudent and ſetled wayes, if God may ſo bleſſe us that we again prove happy, for this Nation, the ſtrength and Scituation of it would hardly be brought to this condition, were it not for want of Vnity, and for diſcord among our ſelves.
When a happie Vnitie among our ſelves, I doubt not to ſee the honour of this Nation ſet vp againe by the wiſedome of his Majeſty and prudent endeavour of this aſſembly, this whole Monarchy once reunited, I meane the 3. Kingdomes, will render us very conſiderable abroad.
His Majeſty hath granted our brethren in Scotland their demands in matter of Religion and liberty, and doubt not but with humility and duty may likewiſe obtaine what wee ſhall deſire concerning religion and libertie graciouſly from his Majeſties hands.
And I am moſt confident his Majeſtie may expect from us all that duty, affection and aſſiſtance as he hath juſt cauſe to expect from good people.
If God ſhall bleſſe us and this whole Monarchy with unity, love and concord, certainly theſe great Armies that do now trouble us, and are ready to offend one an other, may ſhew a capability with united mindes and well deſigned to effect great matters, and may by unity of Counſell raiſe us up againe in the world to a good eſtimation, and as great an honour as ever. I hope God will bleſſe us with good Counſells, and that the King as a gracious good and prudent Prince, and all his Subjects joyning in this way no doubt but God will bring us againe to a convenient condition of conſiſtancie, yea ſince our armies are vnited under one King and Nation, and in one Iland from a ſtate gaſping it will bee eaſie thence to bring us to a condition of proſperity: therefore let us procure and152 maintaine a good correſpondency amongſt our ſelves, and for the propoſition, it much ſtarted us at firſt, but I muſt ſay thus much.
That where wars have fallen between Nations, it is not unlawfull nor great diſhonour to let men part upon reaſonble conditions, though with good conſideration our Kings paſſed many times into France, and returned with recompence, but this a friendly demonſtration, of one Nation to another there is great difference in point of honour, if we conſider the ſtate wherein wee now are, two Armies in the field, and conſider it was not through our default, nor the fault of the Kingdome, that we are brought into theſe calamities.
The Inſtruments will bee made an example, and the diſhonour will light upon them, and then certainly we doe conceive a wiſe and prudent Senate, to apply themſelves to ſome things by neceſſity is no diſhonour.
A State lying gaſping and bleeding to reſtore it is an eſſentiall part of honour ▪
This is that I had in command to ſay unto you.
HAving taken into my ſerious conſideration the late Remonſtrance made unto mee by the Houſe of Parliament, I give you this anſwer,
That I take in good part your care of the true Religion eſtabliſhed in this Kingdome, from which I will never depart, as alſo for the tenderneſſe of my ſafety, and ſecurity of this State and Government: It is againſt my minde, that Popery or Superſtition ſhould any way encreaſe within this Kingdome, and will reſtraine the ſame by cauſing the Laws to be put in execution.
I am reſolved to provide againſt the Jeſuites and Papiſts, by ſetting forth a Proclamation with all ſpeed, commanding them to depart the Kingdome within one Moneth, which if they faile, or ſhall returne, then they ſhall be proceeded againſt according to the Lawes.
Concerning Reſettie, I give you to underſtand, that the Queene hath alwayes aſſured me, that to her knowledge hee hath no Commiſſion, but onely to entertaine a perſonall correſpondence betweene her and the Pope, in things requiſite for the Exerciſe of her Religion, which is warranted to her by the Articles of Marriage, which give her a full Liberty•f Conſcience; yet I have perſwaded her, that ſince the miſunderſtanding of the Perſons condition gives offence, ſhee160 will within a convenient time remove him.
Moreover, I will take a ſpeciall care to reſtraine my Subjects from reſorting to Maſſe at Denmark houſe, St, James, and the Chappell of Ambaſſadors.
Laſtly, concerning John Goodman the Prieſt, I will let you know the reaſon why I reprived him, that as I am enformed, neither Queene Elizabeth, nor my Father did ever avow, that any Prieſt in their times was executed meerely for Religion, which to me ſeemes to be this particular caſe, yet ſeeing that I am preſſed by both Houſes, to give way to his, becauſe I will avoid the inconveniencie of giving ſo great diſcontent to my people, as I conceive this Mercy may produce, therefore I doe 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 ſeeme to other States to be a ſeverity, which ſurpriſe having thus repreſented, I think my ſelfe diſcharged from all ill conſequence that may enſue upon the execution of this perſon.
THat wheras the government of Archbiſhops, and Lord-Biſhops, Deanes, and Archdeacons, &c. with their Courts and miniſtrations in them hath proved prejudiciall and very dangerous both to the Church and Common-wealth, 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 unlawfulneſſe that they have claymed their calling immediatly from the Lord JESVS CHRIST, which is againſt the Lawes of this Kingdome, and Derogatory to his Majeſtie and his State Royall. And whereas the ſaid government is found, by wofull experience, to be a maine cauſe and occaſion of many foule evils, preſſures, and grievance of a very high nature unto his Majeſties Subjects, in their owne Conſciences, liberties, and•ſt tes; as in a Shedule of particulars hereunto annexed may in part appeare.
We therefore moſt humbly pray and beſeech this Honourable162 Aſſembly, the premiſſes conſidered, that the ſaid government with all its depend•nces, roots and branches may be aboliſhed, and all lawes in their behalfe made voyd, and the government, according to Gods word, may be rightly placed among us, and we your humble Supplyants, as in duty we are bound, will daily pray for his Majeſties long and happy raigne over us, and for the proſperous ſucceſſe of this High and Honourable Court of Parliament, &c.
I. FIrſt, the ſubjecting and enclining all Miniſters under them and their Authority, and ſo by degrees exempting of them from the Temporall power, whence followes:
II. The faint-heartedneſſe of Miniſters to preach the truth of God, leſt they ſhould diſpleaſe the Prelates, as namely the Doctrine of Predeſtination, of Free-grace, of Perſeverance, of Originall ſinne remaining after Baptiſme, of the Sabbath, the Doctrine againſt univerſall Grace, Election for Faith fore-ſeene, Free-will, againſt Antichriſt, non-Reſidents, humane Inventions of Gods worſhip, all which are generally with-held from the peoples knowledge, becauſe not reliſhing to the Biſhops.
163III. The encouragement of Miniſters to deſpiſe the temporall Magiſtracie, the Nobles, and Gentry of the Land, to abuſe the Subjects, & live contentiouſly with their neighbours, knowing that they being the Biſhops creatures, they ſhall be ſupported.
IV. The reſtraint of many godly and able men from the Miniſtry, and thruſting out of many Congregations, their faithfull, diligent, and powerfull Miniſters, who lived peaceably with them and did them good, onely becauſe they cannot in Conſcience ſubmit unto, and maintaine the Biſhops needleſſe devices; nay ſometimes, for no other cauſe but for their zeale in Preaching, or great Auditories.
V. The ſuppreſſing of that godly Deſigne ſet on foot by certaine Sects, and ſugred 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 Schooles; which the Prelates could not endure, leſt it ſhould darken their glories, and draw the Miniſters from their dependance upon them.
VI. The great encreaſe of idle, lewd and diſſolute, ignorant and erroneous men in the Miniſtry, which ſwarme like the Locuſts of Egypt over the whole Kingdome, and will they but weare a Canonicall Coat, a Surpliſſe, a Hood, bow at the name of JESVS, and be zealous of Superſtitious Ceremonies, they may live as they liſt, confront whom they pleaſe, preach and vent what errours they will, and neglect preaching at their pleaſures, without controule.
VII. The diſcouragement of many from bringing up their Children in learning, the many Schiſmes, errors, and ſtrange opinions164 which are in the Church, great Corruptions, which are in the Univerſities; the groſſe 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 generall defection to all manner of prophaneneſſe.
VIII. The ſwarming of laſcivious, idle, and unprofitable Books and Pamphlets, Play-books, and Ballads, as namely Ovids fits of Love; the Parliament of Women came out at the diſſolving of the laſt Parliament, Barnes Poems, Parkers Ballads in diſgrace of Religion, to the encreaſe of all vice, and withdrawing of people from reading, ſtudying, and hearing the word of God, and other good Books.
IX. The hindring of godly Books to be Printed, the blotting out, or perverting thoſe which they ſuffer, all or moſt of that which ſtrikes either at Poperie or Arminianiſme, 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 hee pleaſeth, that all is the Kings, and that he is bound by no Law, and many other, from the former whereof hath ſprang,
XI. The growth of Popery and encreaſe of Papiſts, Prieſts and Jeſuits in ſundry places ▪ but eſpecially about London ſince the Reformation, the frequent venting of Crucifixes and Pop ſh165 Pictures, both engraven and printed, and the placing of ſuch in Bibles.
XII. The multitude of Monopolies and Pattents, drawing with them innumerable Perjuries, the large encreaſe of Cuſtomes and Impoſitions upon Commodities, the Ship-monies, and many other great burthens upon the Common-wealth, under which all groane.
XIII. Moreover, the Offices and Juriſdictions of Arch-biſhop•, Lord-Biſhops, Deanes, Arch-Deacons, being the ſame way of Church Government which is in the Romiſh Church, and which was in England in the time of Poperie, little change thereof being made (except onely the head from whence it was derived) the ſame Arguments ſupporting the Pope, which doe uphold the Prelates, and overthrowing the Prelates, which doe pull downe 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 maintaine, that the Pope is not Antichrist, and that the Church of Rome is a true Church, hath not erred in Fundamentall points, and that Salvation is attainable in that Religion, and therefore have reſtrained to pray for the Converſion of our Soveraigne Lady the Queene. Hence alſo hath come,
XIV. The great Conformity and likeneſſe both continued and encreaſed of our Church to the Church of Rome, in Veſtures, Poſtures, Ceremonies, and Adminiſtrations, namely as the Biſhops Rochets, and the Lawne ſleeves, the foure-cornerd Cap, the Cope and Surpriſſe, the Tippet, the Hood, and the Canonicall Coat, the Pulpits clothed, eſpecially now of late, with the Jeſuites Badge upon them every way.
XV. The ſtanding up at Gloria Patri, and at the reading the166 Goſpell, praying towards the Eaſt, the bowing at the name of JESVS, the bowing to the Altar towards the Eaſt, Croſſe in Baptiſme, the Kneeling at the Communion.
XVI. The turning of the Communion Tables Altar-wiſe, ſetting Images, Crucifixes, and Conceits over them, and Tapers and Books upon them, and bowing, and adoring to or before them, the reading of the ſecond Service at the Altar, and forcing people to come up thither to receive, or elſe denying the Sacrament to them, tearming the Altar to be the mercie-ſeat, or the place of God Almighty in the Church, which is a plaine device to uſher in the Maſſe.
XVII. The Chriſtning and Conſecrating of Churches and Chappells, the Conſecrating Fonts, Pulpits, Tables, Chalices, Churchyards, and many other things, and putting holineſſe in them; yea, reconſecrating upon pretended pollution, as though every thing were uncleane without their Conſecrating, and for want of this ſundry Churches have beene interdicted and kept from uſe as polluted.
XVIII. The Liturgie for the moſt part's framed out of the Romiſh Breviary Ritualium Maſſe-book, alſo the book of Ordination, for Archbiſhops and Miniſters, framed out of the Roman Pontificall.
XIX. The multitude of Canons formerly made, wherein among other things, Excommunication, ipſo facto is denounced for ſpeaking of a word againſt the deviſes above ſaid, or ſubſcription thereunto, though no Law enjoyned a reſtraint from the Miniſtry without ſuch ſubſcription, and Appeale is den•ed to any that ſhould refuſe ſubſcription or unlawfull conformity,167 though he be never ſo much wronged by the inferiour Judge: alſo the Canons made in the late ſacred Synod, as they call it, wherein are many ſtrange and dangerous Devices to undermine the Goſpel, and the Subjects liberties, to propagate Popery, to ſpoyle Gods people, inſnare Miniſters and other Students, and ſo to draw all into an abſolute ſubjection and thral dome to them and their government, ſpoyling both the King and the Parliament of their power.
XX. The countenancing plurality of Benefices, prohibiting of Marriages without their Lycence at certaine times, almoſt halfe the yeare, and lycenſing of Marriages without Banes asking.
XXI. Prophanation of the Lords day, pleading for it, and enjoyning Miniſters to read a Declaration, ſet forth, as 'tis thought, by their procurement for tolerating of ſports upon that day, ſuſpending and depriving many godly Miniſters, for not reading the ſame onely out of Conſcience, it was agaiſt the Law of God ſo to doe, and no Law of the Land to enjoyne it.
XXII. The preſſing of the ſtrict obſervation of Saints Dayes, whereby great ſummes of Moneyes are drawne out of Mens purſes for working on them, a very high burthen on moſt people, who getting their living by their dayly imployments, muſt either omit them and be idle, or part with their money, whereby many poore families are undone, or brought behindhand, yea many Church-wardens are ſued, or threatned to be ſued by their troubleſome Miniſters, as perſured perſons, for not preſenting their Pariſhioners, who ſay•ed in obſerving Holy-dayes.
XXIII. The great encreaſe and frequencie of Whoredomes and168 Adulteries, occaſioned by the Prelates corrupt adminiſtration of Juſtice, in ſuch Caſes, who taking upon them the puniſhment of it, doe turne all into moneyes for the filling of their purſes, and leſt their Officers ſhould defraud them of their gaine, they have in their late Canon, in ſtead of remedying their vices, decreed that the Commutation of Pennance ſhall not be without the Biſhops privity.
XXIV. The generall abuſe of that great ordinance of Excommunication, which God hath left in his Church to be uſed as the laſt and greateſt puniſhment the Church can inflict upon obſtinate and great Offenders, and that the Prelates and their Officers, who of right, have nothing to doe with it, doe daily excommunicate men either for doing that which is lawfull, or for vaine, idle, and triviall matters, as working or opening a ſhop on a Holiday, for not appearing at every beck upon their ſummons, not paying a fee or the like; yea, they have made it, as they doe all other things, a hook or inſtrument wherewith to empty mens purſes, and to advance their owne greatneſſe, and ſo that ſacred ordinance of God, by their preventing of it, becomes contemptible to all men, and ſeldome or never uſed againſt notorious offenders, who, for the moſt part, are their favourites.
XXV. Yea further, the pride and ambition of the Prelates being boundleſſe, unwilling to be ſubject to either man or Lawes, they claime their Office and Juriſdiction to be Iure divino, exerciſe Eccleſiaſticall authority in their owne names and Rights, and under their owne Seales, and take upon them Temporall dignities, Places and Offices in the Common-wealth, that they may ſway both ſwords.
XXVI. Whence followes the taking Commiſſions in their owne169 Courts and Conſiſtories, and where elſe they ſit in matters determinable of Right at Common Law, the putting of Miniſters upon Pariſhes, without the Patrons & peoples conſent.
XXVII. The impoſing of Oathes of various and triviall Articles yearely upon Church-wardens, and Side-men, which without perjury, unleſſe they fall at jarres continually with their Miniſters and Neighbours, and wholly neglect their owne calling.
XXVIII. The exerciſing of the Oath Ex Officio, and other proceedings by way of Inquiſition reaching even to mens thoughts, the apprehending, and detaining of men by Purſivants, the frequent ſuſpending and depriving of Miniſters, fining and impriſoning of all ſorts of people, breaking up of mens Houſes and Studies, taking away mens Books, Letters, and other writings, ſeizing upon their Eſtates, removing them from their callings, ſeperating betweene them and their wives againſt both their wills, the rejecting of prohibitions with threatnings, and the doing of many other out-rages, to the utter infringing the Lawes of the Realme, and the Subjects liberties, and arraigning of them and their Families, and of latter time, the Judges of the Land are ſo awed with the power and greatneſſe of the Prelates, and other wayes promoted, that neither prohibition, Habeas Corpus, or any other lawfull remedy can be had, or take place, for the diſtreſſed Subjects in moſt Caſes, onely Papiſts, Ieſuits, Prieſts, and ſuch others as propagate Popery or Arminianiſme, are countenanced, ſpared, and have much liberty, and from hence followed amongſt others theſe dangerous Conſequences.
I. FIrſt, the generall hope and expectation of the Romiſh part, that their ſuperſtitious Religion will ere long be fully planted in this Kingdome againe, and ſo they are encouraged to perſiſt170 therein, and to practice the ſame openly in divers places, to the high diſhonour of God, and contrary to the Lawes of the Realme.
II. Secondly, the diſcouragement and deſtruction of all good Subjects, of whom all Multitudes both Ciothiers, Marchants, and others, being deprived of their Miniſters, and overburthen'd with theſe preſſures, have departed the Kingdome to Holland, and other parts, and have drawn with them a great part of manufacture of Cloth and Trading out of the Land into other places, where they reſide, whereby Wooll, the great ſtaple of the Kingdome, is become of ſmall value and vends not, Trading is decayed, many poore people want work, Sea-men loſe imployment, and the whole Land much impoveriſhed, to the great diſhonour of this Kingdome, and blemiſhment to the government thereof.
III. The preſent warres and Commotions happened betweene his Majeſty and his Subjects of Scotland, wherein his Majeſty and all his Kingdome are indangered, and ſuffer greatly, and are like to become a prey to the common Enemy, in caſe the warres goe on, which we exceedingly feare, will not onely goe on, but alſo encreaſe to an utter Ruine of all, unleſſe the Prelates with their dependancies be removed out of England, and alſo they and their practices, who, as we, under your Honours favour, doe verily beleeve and conceive, have occaſioned the Quarrell.
All which wee humbly referre to the conſideration of this Honourable Aſſembly, deſiring the Lord of Heaven to direct you in the right way to redreſſe all theſe evills.
THis Houſe thinks fit that a friendly Aſſiſtance and reliefe be given towards ſupply of the loſſes and neceſſities of the Scots, and in due time this Houſe wil take conſideration both of the manner and meaſure of it.
AS wee doe with all thankfulneſſe receive the friendly and kindly reſolution of the Parliament concerning our Demands, wee doe therein acknowledge your Lordſhips noble dealing, for which we may aſſure that the whole Kingdome of Scotland will at all occaſions expreſſe themſelves on all reſpect and kindneſſe; ſo doe we entreat your Lordſhips to preſent unto the Parliament, our earneſt deſire, that they may be pleaſed, howſoever their conveniencie may ſerve to conſider of the proportion, wiſhing ſtill that as wee expect from our friends the teſtimonies of their kindneſſe & friendly Aſſiſtance, ſo the Juſtice of the Parliament may be declared in making the burthen more ſenſible to the Prelates and172 Papiſts our Enemies, and Authors of all our evills, then to others, who never have wronged us, which will not onely give unto us, and the whole Kingdome of Scotland the greater ſatisfaction, but will alſo (as wee can conceive) conduce much to the honour of the Kings Majeſtie, and Parliament. Wee doe alſo expect that your Lordſhips will be pleaſed to report unto us the Anſwer of the Parliament, that wee may in this as in the former Articles give Account to thoſe who ſent us.
VVEe deſire to underſtand ſince (as we conceive) the particulars are like to require much time, whether we may not from you let the Parliament know, that whileſt they are debating of the proportion, and the wayes how they finde aſſiſtance may be raiſed, you will proceed to the agreeing to the Articles of a firme and durable peace, that thereby both time may be ſaved, and both ſides proceed mutually with the more cheerefulneſſe and alacrity.
AS wee deſire a firme Peace, ſo is it our deſire that this Peace may be with all mutuall Alacrity ſpeedily concluded; and therefore let's entreat you all to ſhew the Parliament from us, that how ſoon they ſhall be pleaſed to make the proportion knowne to us, that wee may ſatisfie the expectation of thoſe who have inſtructed us, which wee doe173 conceive may be done in a ſhort time, ſince they are already acquainted with all the particulars of our Demands, wee ſhall ſtay no longer upon the manner and wayes of raiſing the aſſiſtance, which may require a longer time, and yet we truſt it will be with ſuch conveniencie as may ſerve for our two moneths reliefe, but remitting the manner and wayes to the oportunity of the Parliament, ſhall moſt willingly proceed to the conſiderations of the following Articles, eſpecially to that which wee moſt of all deſire, a firme and ſetled Peace.
26. Ian. 1640.
INprimis, Seventy foure Letters of grace to Recuſants, within this foure yeares, ſigned with Secretary Windebankes owne hand.
2 Sixty foure Prieſts in the Gate-houſe, within this foure yeares diſcharged, for the moſt part, by Secretary Windebanke.
3 Twenty nine diſcharged by a verball warrant of Secretarie Windebanke.
4 A warrant to protect one Muffon, a condemned Prieſt, and all the houſes he frequented.
5 One committed by the Kings owne hand, and diſcharged by Secretarie Windebanke, without ſignification of the Kings pleaſure therein.
6 A Petition of Saint Giles in the Fields, neere London, to the King, of the encreaſe of Popery in their Pariſh, wherein twenty one perſons were ſeduced and turned by two Prieſts, the which Priests were both diſcharged by Secretary Windebanke.
I Do firſt preſent my moſt humble thanks to this Honourable Aſſembly, for this favour vouchſafed me, in granting me admittance to their preſence, and doe humbly beſeech them to beleeve it is no deſire to preſerve my ſelfe or my fortune, but to deſerve the good opinions of thoſe that have drawne mee hither.
I do profeſſe in the preſence of him that knoweth all hearts, that I had rather go from dore to dore, and crave Da obulum Belizario, &c. with the good opinion of this Aſſembly, then live and enjoy all the honours and fortunes I am capable of.
I doe not come hither with an intention to juſtifie my words, my actions, or my opinions; but to make a plaine and cleare narration for my ſelfe, and then humbly to ſubmit to the wiſedome and juſtice of this Houſe my ſelfe, and all that concernes me.
I doe well underſtand (Maſter Speaker) with what diſadvantage any man can ſpeake in his owne cauſe, and if I could have told how to have tranſmitted my thoughts and actions by a clearer repreſentation of another (I doe ſo much170 defie my owne judgement in working, and my wayes in expreſſing) that I ſhould have beene a moſt humble ſuiter, another might have done it. But this Houſe wil not take words, but with cleare and ingennous dealing, and therefore I ſhall beſeech them to think I come not hither with a ſet or ſtudied Speech, I come to ſpeake my heart, and to ſpeake it clearely and plainely, and then leave it to your clemencie and Juſtice, and I hope if any thing ſhall ſlip from me, to work contrary to my meaning, or intention, diſorderly or ill placed, you will be pleaſed to make a favourable conſtruction, and leave me the liberty of explanation, if there ſhall be any, but I hope there ſhall be no cauſe for it.
I hope for my affection in Religion no man doubteth me, what my education, what and under whom for many yeares, is well knowne; I lived neere 30 yeares in the Society of Grayes Inn: and if one that was a reverend Preacher in my time (Doctor Sibbs) were now alive, hee were able to give teſtimony to this Houſe, that when a party ill affected in Religion ſought to weary him, and tyer him out, hee had his chiefeſt encouragement from me.
I have now (Master Speaker) been 15 yeares of the Kings Councell, from the firſt houre to this minute, no man is able to ſay that ever I was Author, Adviſor, or Conſentor to any project.
It pleaſed the King (my gracious Maſter) after I had ſerved him divers yeares to preferre mee to two places; to be chiefe Juſtice of the Common Pleas, and then Keeper of his great Seale, I ſay it in the preſence of God, I was ſo far from the thought of the one, and from the ambition of the other, that if my Maſter his grace and goodneſſe had not been, I had never enjoyed thoſe Honours.
I cannot tell (Maſter Speaker) nor I doe not know what particulars there are that may draw me into your disfavour or ill opinion, and therefore I ſhall come very weakly armed, yet to thoſe that either in my owne knowledge, or by ſuch knowledge as is given me, and not from any in this Houſe, I ſhall ſpeake ſomewhat, that I hope being truth, and accompanied171 with cleareneſſe and ingenuity, will at laſt procure ſome allay of that ill opinion which may perhaps be conceived of me.
Maſter Speaker, I had once the Honour to ſit in the place that you doe: from the firſt time I came thither, to the unfortunate time, I doe appeale to all that were here then, if I ſerved you not with candor. Ill office I never did to any of the Houſe, good offices I have witneſſes enough I did many, I was ſo happy that upon an occaſion which once happened, I received an expreſſion and teſtimony of the good affection of this Houſe towards me.
For the laſt unhappy day I had a great ſhare in the unhappineſſe and ſorrow of it. I hope there are enough doe remember, no man within the walls of this Houſe did expreſſe more ſymptomes of ſorrow, griefe, and diſtraction then I did.
After an adjournment for two or three dayes, it pleaſed his Majeſtie to ſend for me, to let me know that he could not ſo reſolve of things as hee deſired, and therefore was deſirous that there might be an adjournment for ſome few dayes more. I proteſt I did not then diſcerne in his Majeſtie, and I beleeve it was not in his thoughts to think of the diſſolving of this Aſſembly, but was pleaſed in the firſt place to give me a command to deliver his pleaſure to the Houſe for an adjournment for ſome few dayes, till the Monday following, as I remember, and commanded me withall to deliver his pleaſure, that there ſhould be no further ſpeeches, but forth with upon the delivery of the Meſſage come and wait upon him: hee likewiſe commanded me if queſtions were offered to be put, upon my Alleageance I ſhould not dare to doe it, how much I did then in all humbleneſſe reaſon with his Majeſtie, is not for me here to ſpeake; onely thus much let me ſay, I was no Author of any counſell in it, I was onely a perſon in receiving commiſſion. I ſpeake not this as any thing I now produce or doe invent, or take up for my owne excuſe, but that Which is knowne to divers, and ſome Honourable perſons in this houſe to be moſt true. All that I will ſay for that is humbly to beſeech you all to conſider, That if it had beene172 any mans cauſe as it was mine, betweene the diſpleaſure of a gracious King, and the ill opinion of an Honourable Aſſembly. I beſeech you lay all together, lay my firſt actions and behaviour with the laſt, I ſhall ſubmit to your Honourable and favourable conſtructions.
For the Shipping buſineſſe, my opinion of that cauſe hath layne heavy upon me, I ſhall clearely and truly preſent unto you what every thing is, with this proteſtation, that if in reckoning up my owne opinion what I was of, or what I delivered, any thing of it be diſpleaſing, or cōtrary to the opinion of this Houſe, that I am farre from juſtifying of it, but ſubmit that and all other my actions to your wiſedomes and goodneſſe.
Maſter Speaker, the firſt Writs that were ſent out about Shipping buſineſſe, I had no more knowledge of it, and was as ignorant as any one Member of this Houſe, or any man in the Kingdome. I was never the Author nor Adviſor of it, and will boldly ſay from the firſt to this houre, I did never adviſe nor counſell the ſetting forth of any Ship-writs in my life.
Maſter Speaker, it is true that I was made chiefe Juſtice of the Common Pleas ſome foure dayes before the Ship-writs went out to the Ports and Maritine places, as I doe remember the 20 of October 1634. they doe beare Teſte, and I was ſworne Juſtice the 16 of October, ſo as they went out in that time, but without my knowledge or privity, the God of heaven knowes this to be true.
Maſter Speaker, afterwards his Majeſtie was pleaſed to command my Lord chiefe Juſtice of the Kings Bench, that then was, Sir Thomas Richardſon, and chiefe Baron of the Exchequer that now is, and my ſelfe then chiefe Juſtice of the Common Pleas, to take into conſideration the Preſidents then brought unto us, which we did, and after returned to his Majeſtie what we had found out of thoſe Preſidents.
It is true, that afterwards his Majeſtie did take into conſideration, that if the whole Kingdome were concerned, that it was not reaſon to lay the whole burthen upon the Cinque Ports and Maritine Townes.
173Thereupon, upon what ground his Majeſty took that into his conſideration, I doe confeſſe I doe know nothing of it.
His Majeſty did command my Lord chief Juſtice that now is, my Lord chiefe Baron, and my ſelfe, to returne our opinions; whether, when the whole Kingdome is in danger, and the Kingdome in generall is concerned, it be not according to Law and reaſon, that the whole Kingdome, and his Majeſtie, and all intereſſed therein, ſhould joyne in defending and preſerving thereof.
This was in time, about one 1634.
In Michaelmas Terme following, his Majeſty commanded•e to goe to all the Judges, and require their opinions in particular.
He commanded mee to doe it to every one, and to charge them upon their duty and allegiance, to keepe•t ſecret.
Maſter Speaker, it was never intended by his Majeſty (ſo profeſſed by him) at that time, and ſo declared to all the Judges, that it was not required by him, to be ſuch a binding opinion to the Subject, as to hinder him from calling it in queſtion, nor to be binding to themſelves, but that upon better reaſon, and adviſe they may alter it; but deſired their opinions, for his owne private reaſon.
I know very well, that extrajudiciall opinions of Judges ought not to be binding.
But I did think, and ſpeake my heart and conſcience freely; my ſelfe, and the reſt of the Judges being ſworne, and by our Oaths tyed to counſell the King when he ſhould require adviſe of us, that we were bound by our oaths and duties to returne our opinions.
I did obey his Majeſties command, and doe here before the God of heaven avow it.
I did never uſe the leaſt promiſe of preferment or reward to any, nor did uſe the leaſt menacy; I did leave it freely to their owne conſciences and liberty; for I was left the liberty of my owne by his Majeſty, and had reaſon to leave them the liberty of their owne conſciences.
And I beſeech you be pleaſed to have ſome beliefe, that I174 would not ſay this, but that I know the God of heaven will make it appeare; and I beſeech you that extravagant ſpeeches may not move againſt that which is a poſitive and cleare truth.
Maſter Speaker, in the diſcourſe of this (as is betweene Judges, ſome ſmall diſcourſes ſometimes) yet never any cauſe wherein any Judges conferred, that were ſo little conference as between me and them.
Maſter Speaker, againſt a Negative, I can ſay nothing, but I ſhall affirme nothing unto you, but by the grace of God, as I affirme it to be true, ſo I make no doubt of making it appeare to be ſo.
This opinion was ſubſcribed without Solicitation, there was not any man of us did make any doubt of ſubſcribing our opinion, but two, Maſter Juſtice Hutton, and Maſter Iuſtice Crooke.
Maſter Iuſtice Crooke made not a ſcruple of the thing, but of the introduction, for it was thus:
That whereas the Ports & the Maritine Towns were concerned; there according to the Preſidents in former times, the charge lay on them.
So when the Kingdome was in danger, of which his Majeſty was the ſole Iudge; whether it was not agreeable to Law and reaſon, the whole Kingdome to beare the charge;
I left this caſe with Iudge Crooke.
The next Terme I ſpake with him, hee could give me no reſolution, becauſe hee had not ſeene the Writs in former times, but did give his opinion, that when the whole Kings dome was in danger, they of the defence ought to be borne by all.
So of that opinion of his, there was no need of a Solicitation.
I ſpeake no more here, than I did openly in my argument in the Chequer Chamber.
This is the naked truth: for Maſter Iuſtice Hutton, he did never ſubſcribe at all.
I will onely ſay this, that I was ſo farre from preſſing175 him to give his opinion, becauſe he did ask time to conſider of it, that I will boldly ſay, and make it good, that when his Majeſty would have had him ſometimes ſent for, to give his opinion, I beſeeched his Majeſty to leave him to himſelfe and his conſcience; and that was the ill office I did.
The Iudges did ſubſcribe in November or December, 1635.
I had no conference (nor truly I think) by accident any diſcourſe with any of the Iudges touching their opinions; for till February 1636, there was no ſpeech of it, for when they had delivered their opinions, I did returne according to my duty to my Maſter the King, and delivered them to him: in whoſe cuſtody they be in.
In February 1636, upon a command that came from his Majeſty, by one of the then Secretaries of State, the Iudges all aſſembled in Grayes-Inn, we did then fall into a debate of the caſe then ſent unto us, and wee did then returne our opinion unto his Majeſty; there was then much diſcourſe and great debate about it.
Mine opinion and conſcience at that time was agreeable to that opinion I then delivered.
I did uſe the beſt arguments I could, for the maintainance of my opinion; and that was all I did.
It is true that then at that time, Maſter Iuſtice Hutton, and Maſter Juſtice Crooke did not differ in the maine point, which was this;
When the Kingdome was in danger, the charge ought to be borne by the whole Kingdome.
But in this point, whether the King was the ſole Judge of the danger? they differed.
So as there was betweene the firſt ſubſcription, and this debate, and conſultation, ſome 15 moneths difference.
It is true, that all of them did then ſubſcribe, both Juſtice Hutton, and Juſtice Crooke, which was returned to his Majeſtie, and after publiſhed by my Lord Keeper (my predeceſſour) in the Star-chamber.
For the manner of publiſhing it I will ſay nothing, but176 leave it to thoſe, whoſe memories wil call to mind what was then done.
The reaſon of the ſubſcription of Iuſtice Hutton, and Iuſtice Crooke, (though they differed in opinion) grew from this that was told them, from the reſt of the Iudges,
That where the greater number did agree in their vote, the reſt were involved and included.
And now I have faithfully delivered, what I did in that buſineſſe, till I came (which was afterwards) to my argument in the Exchequer Chamber, for the queſtion was, A ſcire facias iſſued out of the Exchequer, in that caſe of Maſter Hampdens; of which I can ſay nothing, for it was there begun, and afterwards rejourned, to have advice of all the Iudges.
Maſter Speaker, among the reſt (according to my duty) I argued the caſe.
I ſhall not trouble you, to tell you what my argument was, I preſume there are Copies enough of it; onely I will tell you there are foure things, very briefly, what I then declared.
Firſt, concerning the matter of danger, and neceſſity of the whole Kingdome.
I profeſſe that there was never a Judge in the Kingdome did deliver an opinion, but that it muſt be in a caſe of apparant danger.
When we came to an argument of the caſe, it was not upon a matter or iſſue, but it was upon a demurrer.
Whether the danger was ſufficiently admitted in pleading, and therefore was not the thing that was in diſpute, that was the firſt degree and ſtep that led unto it.
I did deliver my ſelfe as free and as cleare as any man did, that the King ought to governe by the poſitive Lawes of the Kingdome ▪ that hee could not alter nor change, nor innovate in matters of Law, but by common conſent in Parliament.
I did further deliver, that if this were uſed to make a further revenue or benefit to the King, or in any other way but in caſe of neceſſity, and for the preſervation of the Kingdome,177 The judgement did warrant no ſuch thing:
My opinion in this buſineſſe, I did in my concluſion of my argument ſubmit to the judgement of this Houſe.
I never delivered my opinion, that mony ought to be raiſed, but Ships provided for the defence of this Kingdome, and in that the Writ was performed.
And that the charge ought not to be in any caſe, but where the whole Kingdome was in danger.
And Maſter Juſtice Hutton, and Maſter Iuſtice Crooke, were of the ſame opinion with me.
I doe humbly ſubmit, having related unto you my whole carriage in this buſineſſe, humbly ſubmitting my ſelfe to your grave and favourable cenſures, beſeeching you not to think that I delivered theſe things with the leaſt intention to ſubvert or ſubject the common Law of the Kingdome, or to bring in, or to introduce any new way of government, it hath bin farre from my thoughts, as any thing under the heavens.
Maſter Speaker, I have heard too that there hath bin ſome ill opinion conceived of me about Forreſt buſineſſe, which was a thing farre out of the way of my ſtudy, as any thing I know towards the Law.
But it pleaſed his Majeſty, in the ſickneſſe of Maſter Noy, to give ſome ſhort warning to prepare my ſelfe for that imployment.
When I came there, I did both the King and Commonwealth acceptable ſervice, for I did and dare be bold to ſay, with extreame danger to my ſelfe and fortune, (ſome doe underſtand my meaning herein) run through that buſineſſe, and left the Forreſt as much as was there.
A thing in my judgement conſiderable for the advantage of the Common-wealth, as could be undertaken.
When I went downe about that imployment, I ſatisfied my ſelfe about the matter of perambulation.
There were great difficulties of opinions, what perambulation was.
I did arme my ſelfe as well as I could, before I did any thing in it,
178I did acquaint thoſe that were then Iudges, in the preſence of the noble Lords, with ſuch objections as I thought it my duty to offer unto them.
If they thought they were not objections of ſuch waight, as were fit to ſtirre them, I would not doe the King that diſſervice.
They thought the objections had ſuch anſwers as might well induce the like upon a conference with the whole Country, admitting mee to come and conferre with them, the Country did unanimouſly ſubſcribe.
It fell out afterwards, that the King commanded me, and all this before I was chiefe Iuſtice, to goe into Eſſex, and did then tell me he had beene enformed, that the bounds of the Forreſt were narrower, then in truth they ought to be; and I did according to his command.
I will here profeſſe that which is knowne to many, I had no thought or intention of enlarging the bounds of the Forreſt, further then H. and that part about it, for which there was a perambulation about 26 Edward 4.
I deſired the Country to confer with me about it, if they were pleaſed to doe it; and then according to my duty, I did produce thoſe Records which I thought fit for his Majeſties ſervice, leaving them to diſcharge themſelves as by Law and Juſtice they might doe.
I did never in the leaſt kind, goe about to overthrow the charter of the Forreſt.
And did publiſh and maintaine Charta de Foreſta, as a ſacred thing, and no man to violate it, and ought to be preſerved for the King and Common-wealth.
I doe in this humbly ſubmit, and what I have done, to the goodneſſe and Juſtice of this Houſe.
THere hath been preſented to the houſe a moſt faithfull and exact report of the conference wee had with the Lords yeſterday, together with the opinion of the Committees that we imployed in the ſervice, that they conceaved it fit, that the Archbiſhop of Canterbury ſhould be ſequeſtred, and I muſt ſecond the motion. And with the favour of this Houſe, I ſhall be bold to offer my reaſons, why I conceive it more neceſſary wee ſhould proceed a little further then the deſire of a bare ſequeſtration onely.
Maſter Speaker, long Introductions are not ſuitable to wa•ghty buſineſſes: wee are now fallen upon the great man, the Archbiſhop of Canterbury, looke upon him as hee is in highneſſe, and he is the Stye of all peſtilentiall filth that hath infected the State and Government of this Common wealth: Looke upon him in his dependances, and he is the man, the onely man that hath raiſed and advanced all thoſe, that together with himſelfe have beene the Authors and Cauſers of all our ruines, miſeries, and calamities wee row groane under. Who is it but he only that hath brought the Earle of Strafford178〈1 page duplicate〉179〈1 page duplicate〉180to all his great places and imployments; a fit ſpirit and inſtrument to act and execute all his wicked and bloudy Deſignes in theſe Kingdomes.
Who is it but hee onely that brought in Secretary Windibank into this place of ſervice of truſt, the very Broker and Pander to the Whore of Babylon.
Who is it Maſter Speaker, but hee onely that hath advanced all our Popiſh Biſhops, I ſhall name but ſome of them, Biſhop Manering, the Biſhop of Bath and Wells, the Biſhop of Oxford, and Biſhop Wren, the leaſt of all theſe birds, but one of the moſt uncleane ones. Theſe are the men that ſhould have fed Chriſts Flock, but they are the Wolfes that have devoured them; the Sheepe ſhould have fed upon the Mountaines, but the Mountaines have eaten up the Sheepe. It was the happineſſe of our Church, when the Zeale of Gods houſe eat up the Biſhops, glorious and brave Martyrs, that went to the Stake in defence of the Proteſtant Religion: but the Zeale of the Biſhops hath beene onely to perſecute and eat up the Church.
Who is it Maſter Speaker but this great Archbiſhop of Canterbury, that hath ſitten at the helme, to ſteere and to mannage all the projects that have beene ſet on foot in this Kingdome this tenne yeares laſt paſt: and rather then hee would ſtand out, he hath moſt unworthily trucked and chafered in the meaneſt of them; as for inſtance, that of Tobacco, wherein thouſands of poore people have beene ſtripped and turned out of their Trades, for which they have ſerved as Apprentizes: wee all know he was the Compounder and Contracter with them for the Licences, putting them to pay Fines, and a fee Farme rent to uſe their Trade certainly. Maſter Speaker, hee might have ſpent his time much better, and more for his Grace in the Pulpit, then thus ſherking and raking in the Tobacco-ſhops. Maſter Speaker, we all know181 what he hath been charged withall here in this houſe, crimes of a dangerous, conſequence, and of a tranſcendent nature, no leſſe then the ſubverſion of the Government of this Kingdome, and the alteration of the Proteſtant Religion: and this is not upon bare information onely, but much of it is come before us already upon cleare and minifeſt proofes, and there is ſcarce any grievance or complaint come before us in this Place, wherein we do not find him intermentioned, and as it were twiſted into it, like a buſie angry Waſpe, his ſting is in the tayle of every thing, wee have likewiſe this day heard the report of the conference yeſterday, and in it the accuſation which the Scottiſh Nation hath charged him withall, and we doe all know he is guilty of the ſame, if not more herein this Kingdome.
Master Speaker, hee hath beene the great and common enemie of all goodneſſe, and good men, and it is not ſafe that ſuch a Viper ſhould be neare his Majeſties perſon, to diſtill his poyſon into his ſacred eares, nor is it ſafe for the Common-wealth, that he ſit in ſo eminent a place of government being thus accuſed; wee know what we did in the Earle of Straffords caſe: this man is the corrupt fountaine that hath infected all the ſtreames, and till the Fountaine be purged, we can never expect or hope to have cleare channels, I ſhall be therefore bold to offer my opinion, and if Jerre, it is the error of my judgement, and not my want of zeale and affection to the publique good. I conceive it is moſt neceſſary and fit, that we ſhould now take up a reſolution to doe ſomwhat, to ſtrike while the iron is hot, and to goe up to the Lords in the names of the Commons of this Houſe, and in the names of the Commons of England, and to accuſe him of high Treaſon, and to deſire their Lordſhips his perſon may be ſequeſted, and that in convenient time wee may bring up his charge.
THat her Majeſtie hath beene ready to uſe her beſt endeavours for the removing of all miſunderſtanding between the King and people. That at the requeſt of the Lords, who petitioned the King for a Parliament, her Majeſtie at that time writ effectually to the King, and ſent a Gentleman expreſly to perſwade the King to the holding of a Parliament.
That ſhee hath ſince beene moſt willing to doe all good Offices betweene the King and his People, which is not unknowne to divers of the Lords, and ſo ſhall ever continue to doe, as judging it the onely way of happineſſe to the King, her ſelfe, and Kingdome,
That all things be juſtly ſetled betweene the King and his people, and all cauſe of miſunderſtanding taken away and removed.
That her Majeſtie having taken a knowledge, that having one ſent to her from the Pope, is diſtaſtfull to this Kingdome, She is deſirous to give ſatisfaction to the Parliament, which is convenient time ſhee will doe, and remove him out of the Kingdome.
That underſtanding likewiſe that Exception had beene taken to the great reſort to the Chappell of Denmark Houſe, ſhee will be carefull not to exceed that which is convenient and neceſſary for the Exerciſe of her Religion.
Shee further taketh notice, that the Parliament is not ſatisfied183 with the manner of raiſing mony, for the aſſiſtance of the King in his Journey to the North, in the yeare 1639, at her entreaty from the Catholiques. Shee was moved thereunto meerely out of her deere and tender affection to the King, and of the Example of other his Majeſties Subjects, She ſeeing the like forwardneſſe, ſhee could not but expreſſe her forwardneſſe to the aſſiſtance of the King.
If any thing be illegall, ſhee was ignorant of the Law, and was carried therein onely out of a great deſire to be aſſiſting to the King in ſo preſſing an occaſion, but promiſeth to be more cautious hereafter, not to doe any thing, but may ſtand with the eſtabliſhed Lawes of the Kingdome.
Her Majeſtie being deſirous to imploy her whole power to unite the King and people, deſireth the Parliament to looke forwards, and paſſe by ſuch miſtakes and errors of her Servants, as may be formerly committed. And this your reſpect ſhee promiſeth, ſhall be repayed with all the good Offices ſhee can doe to the Houſe, which you ſhall finde with reall effects, as often as there ſhall be occaſion.
THat the occaſion of his Majeſties taking knowledge of the Conviction of John Goodman the Prieſt lately reprived, was upon the conſtant order that hath been taken for divers yeares, that the Recorder hath at the end of every Seſſions attended his Majeſtie with the names of the perſons convicted, with an expreſſion of their offences, to the end that his Majeſtie might be truly enformed of the Natures of their Crimes, and conſequently not to be enduced by information, to reprive ſuch as were fit for grace and mercy: And thereupon that he was lately Condemned for being in order of a Prieſt meerely, and was acquited of the Charge of perverting the Kings people in their beliefe, and had never beene Condemned or Baniſhed before, His Majeſtie is tender in matter of blood in Caſes of this nature, In which Queene Elizabeth and King James have beene often mercifull: but to ſecure his people that this man ſhall doe no more hurt, Hee is willing that he be impriſoned or baniſhed as their Lordſhips ſhall adviſe. And if he returne into the Kingdome, to be put to Execution without delay. And Hee will take ſuch fit courſe for the expulſion of other Prieſts and Jeſuites, as Hee ſhall be councelled unto by your Lordſhips, And that Hee doth not intend by this particular Mercie, to leſſen the force of the Lawes.
IT is a generall opinion that the trade of England was never greater; and it may be true, that if it be ſo, yet it will not abſolutely conclude that the Kingdome doth increaſe in riches: for the Trade may by very aboundant, and yet, by conſumption and importance of more then is expected, the ſtocke may waſte.
The Ballance would be a true ſolution of the Queſtion, if it could be rightly had: but by reaſon it muſt be made up by a Medium of the Books of Rates, it will be very uncertaine.
Therefore we muſt ſeeke another rule that is more ſenſible, upon which wee may all judge, and that may be by the plenty or ſcarcity of money; for it is a true rule, If money increaſe, the Kingdome doth gaine by Trade; if it be ſcarce, it loſeth.
Let us therefore conſider, firſt, whether our Gold and Silver be not decreaſed, and then by what meanes it is drayned, and laſtly, how it may be prevented, and what Remedies are appliable to effect it.
It is out of doubt our Gold is gone to travaile without Licence, that is viſible beyond Seas, and every receiver178 of ſummes of money muſt find it privately: and I feare the ſame of Silver; for, obſerving the ſpecies of late Coyning, many halfe Crownes were ſtamped which are no more to be ſeene; and by this meaſure I conclude the Kingdome growes poore.
The cauſes of this decay of Money may be many: It may be ſtolne out for profit, going much higher beyond Seas, eſpecially in France and Holland.
Much hath been drawn away by the Stranger upon feares 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 returnes in a yeare, and gaine by every one more then the intereſt of a yeare; and the greateſt danger to a State is, when money is made Merchandize, which ſhould be but the meaſure thereof.
And here I will propoſe a Probleme, Whether it were profitable to a Kingdome or not, that the Stranger for many yeares had a great ſtock here at intereſt, and ſtill hath ſome. I confeſſe it hath ſupplyed the neceſſities of Merchants, and helped to drive Trade: But my Quaere is this, Suppoſe the firſt principall were truely brought in by the Stranger, yet, doubling every tenne yeares, what becomes of the increaſe? Have they not lived by our Trade and the Merchant-adventurers, and ſoaked the Kingdome of as many times principall as they have practiſed this Uſury many times ten yeares, and in the end drawne or carried all away? This is a point to a State very conſiderable.
Much Coyne hath beene drawne away without doubt by the French, who have brought in Wares of little bulke, perhaps without cuſtome, but of deare price; and having turned them into Gold, have returned without inveſting any part thereof; and ſuch petty Merchants cannot bee reached by the Statute of imployments.
179Another cauſe of ſcarcity of Coine may be the over ſtrict rule of the uncurrentneſſe of any good Coine, and that it muſt bee 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 Coyne, or rather a little higher, it would draw (namely) money by degrees into England, as lower grounds doe water from higher, though they ſee not the Channels. And wee ſee France, Holland, and Germany, admit all good Coynes, though forraigne, for and above their intrinſique value.
But I will end this ſearch by propoſing ſome generall Remedies, for I doe now but make Eſſayes and give occaſion to more ſubtill and particular diſquiſition.
1. To the firſt leake of ſteading away Coyne, 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 Kingdome.
2. That the neighbour Princes and States doe 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 treatie of Commerce, doth it for the uſe of the commoditie; which certainly I would deny any Prince that would not conſent to keep moneyes even by their true values, at leaſt, that would ſet a higher price upon our money then the King hath done: And if our Coyne 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 ſtrangers money, drawne away ſince our troubles, is a hard endeavour, and can no wayes be brought to paſſe but by peace and Trade: and180 the reſolution of this will fall into the generall remedy which I ſhall propoſe.
The pedling French Trade muſt bee met with by diligent ſearch at the landing of theſe Creamers, what they bring in, and by ſuffering none of them to paſſe any goods by private Warrants: but that according as they ſhall be valued, they give bond to inveſt it in Engliſh Commoditie, naturall, or naturalized, and that with ſurety: Nay in this Caſe not to allow them exchange by bills; for it will not hurt the Common-wealth if by any rigour they were beaten out of their private toyiſh traffique.
I ſhall not doubt to offend any but the Mint, which may be recompenced to his Majeſty in his cuſtomes, if money bee plentifull; for all goods will follow money. If I did propoſe the currentneſſe of all goods, and great ſpecies of forraigne Coins, for their true intrinſique value, according to the pay with ours, and if I ſay a little higher, according to occaſions, keeping our owne Coine pure and conſtant to bee cryed downe as much under according to occaſions, I thinke it will bee a policy both reaſonable and profitable, by experience tryed in other States.
But leaving theſe Empiricall practiſes, I come now to the great and infallible Rule and Remedy, which is, in plaine Engliſh, to ſettle and aſſure the ground of Trade upon ſtaple Commodities; then, like the Lady of Whitſontide to her Pipe, money will dance after that; for as Merchandize doth follow money, ſo doth money Commodity.
I ſaid at firſt, it was a generall opinion, that Trade never flouriſhed more then now, and it may be ſo; but wee muſt conſider this be not accidentall and changeable, and depending more upon the iniquity or miſery of the times, then upon our owne Foundation and induſtry; and if that bee ſo, then it is no ſute ground for181 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 wee enjoy almoſt the Trade of Chriſtendome; but if a peace happen betwixt France, Spaine, and the united Provinces, all theſe will ſhare what wee now poſſeſſe alone, and therefore wee muſt provide for that day; for nothing ſtands ſecure but upon his owne foundation.
To make then our owne Trade ſecure, wee muſt conſider our own ſtaple commodities ▪ whereof Wooll is the chiefeſt, and ſeeke the way to both, to keepe up the price at home, and the eſtimation of all commodity made of that, and to be vented abroad.
Some other helpes we have, as Tynne Lead, and ſuch like; but I dare confidently affirme, That nothing exported of our owne growth hath ballanced our Riotous conſumption at home, but thoſe forraigne commodities, which I call naturalized, that is, that ſurplus of our Eaſt-India Trade, which being brought home in greater quantity then are ſpent within the Kingdome, are exported againe, and become in value and uſe as naturall commodities and therfore by the way, I hold it abſolutely neceſſary to maintaine 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 helpe which is our owne, and wants onely our induſtry to gather the harveſt, which is ou•Fiſhing and erecting of Buſtes, both for the enriching of our Kingdome, and the breeding of Mariners; and this by private induſtry (though to private leſſe) is beaten out ready, and ſhall bee offered to the Commonwealth, if they pleaſe to accept of it: and to give you one onely encouragement, I doe avow that before the Dutch were lately interrupted by the Dunkerks, by their industry, and our fiſh, they made as great Returnes betweene Danſick and Naples as the value of our Cloth, which is one million yearely:182 and this in a due place I deſire ſhould have his due weight and conſideration.
We have one helpe more, if we knew how to uſe it, that is, by the new drained Lands in the Fens, moſt fit for Flax and Hempe, to make all ſorts of Linnen for the body, for the houſe, and ſayles for ſhips, that is a Dutch and French Trade; but in Holland one Acre of Ground is rented at three pounds, which if the Hollanders may have in the Fens for 10. s. or 12. s. it will bee eaſie to draw the manufacture into England, which will ſet infinite people aworke, and we may be able to ſerve other Nations with that which we buy deare from them, and then the ſtate and Kingdome will be happy and rich, when the Kings cuſtomes ſhall depend upon commodities exported, and thoſe able to returne all things which wee want; and then our money muſt ſtay within our Kingdome, and all the trade returne in money. To incourage you to this, I give you one Example,
That, if the ſeverall ſorts of Callicoes, made of Cotton-Woolls in the Moguls and Dans Dominions, doth cloathe from head to foot all Aſia, a part of Europe, Aegypt, much of Africa, and the Eaſterne Iſlands as farre as Sumatra, which makes that Prince without Mines the richeſt Prince in the world; by his Majeſties Grace and Priviledges granted to the Dutch, I am confident wee may make an underſell in all Linnen cloath in all the Nations in Europe.
But I have now wandred 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 internall, and ſome externall.
The internall have proceeded from her owne falſe making, as ſtretching, and ſuch like practiſes, whereby indeed our Cloath is diſcredited: I ſpeake by experience,183 from Danſick and Holland, Northward, to Conſtantinople; as I will inſtance in due time.
This falſe Lucre of our owne, 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 Cloath, and now, by experience (as I am informed) the halfe is not vented, that was in the former Age.
Another internall cauſe hath riſen from ſuch Impoſitions, as hath made our cloth too deare abroad, and conſequently taught others to provide for themſelves.
Another internall cauſe hath ſprung from preſſaries upon tender Conſciences, that many of our Clothiers and others have forſaken the Kingdome, and carried their Arts with them, to the unexpreſſible detriment of the Commonwealth.
The externall cauſes have beene 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 beene 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 Jacobs wages, ſo often as the Hollanders have forced our Merchants to change their reſidences, and the very courſe of this Trade by Lawes and Tricks for their own advantage; of which the Merchant-adventurers will more fully informe you.
Another externall cauſe is lamentable, Report, the increaſe of the Pyrates, and the inſecurity of the Mediterranean Seas; whereby Briſtow and the Weſterne Ports, that cannot have ſo great ſhipping as London, are beaten out of Trade and fiſhing: and if once thoſe Theeves ſhall find184 the way to Banke and new-found Land, they will undoe the Weſt parts of England.
I will trouble you with a Conſideration very conſiderable in our Government, Whether indeed London doth not monopolize all Trade. In my opinion it is no good ſtate of a body to have a fat Head, thin Guts, and leane 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 yeares, let us imbrace 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 imbrace the new Draperies, and encourage the Wallons and others, by Priviledges and Naturalizations, wee ſhall imploy all the wooll wee have, ſet more people a worke then by Cloth, and a pound of wooll in thoſe ſtuffes true made, will out-ſell two pounds in Cloth. And thus wee may ſupply France, Italy, Spain, Barbary, and ſome parts of Aſia, by ſuch light and fine ſtuffes as will fit thoſe warmen Regions, and et have ſufficient for the cold Clymates 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 priviledges to uſe their owne rights in Religion, ſo as they be not ſcandalous, as the Dutch and French had granted unto them by Queen Elizabeth. And certainly the ſetling of Religion ſecure in England, the feare whereof made many weake minds to waver and abandon this Countrey, is, and will be a great meanes to reſettle both the great and leſſer manufactures of woollen commodities.
For the externall cauſes, wee muſt flye to the Sanctuary of his Majeſties gracious goodneſſe and protection, who, I am confident, when the whole buſineſſe185 ſhall be prepared for him, and that we have ſhewed him our duty and love and ſettled his cuſtoms in ſuch a bountifull way as hee may reape 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 onely protect you abroad by his forces and authority, and by treaties with his neighbours, but by increaſing the priviledges of Merchants at home, and confirming all their Charters; the breach whereof hath beene a great diſcouragement unto them, and without which duely obſerved, they cannot regulate their Trade.
There are ſome particulars in the Spaniſh Trade, perhaps worthy of animadverſion, as under-ſelling good commodity to make money, or barter for Tobacco, to the imbaſement of our owne Staple for Smoake, which in a due place ought to bee taken into Regulation.
Another conſideration for a ground for Trade, ought to be the nature of it, with whom, and for what wee trade, and which Trade is more principally to bee 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 fundamentall and of abſolute neceſsity; for from theſe Trades we get the materials of Shipping, as Pitch, Tarre, Cordage, Maſts, and ſuch like, which inable us to all the Southerne Trades of themſelves, of leſſe uſe, being onely Wine, Fruit, Oranges and Curioſities for Sauces or effeminacy; but by theſe, we ſayle to the Eaſt-Indies, and may erect a Company of the Weſt-Indies, for the golden fleece, which ſhall bee prepared for you, whenſoever you are ready for ſo great a Conſultation.
The right way to nouriſh theſe North•••e Trades, is186 by his Majeſties favour to preſſe the King of Denmarke to Juſtice, not to come as his intolerable. Taxes newly impoſed upon Trade in the paſſage of the Sound; in Examples whereof, the Elector of Brandenburgh joyning with the King of Poland, hath likewiſe more then trebled the ancient and capitulated Duties; which if that they ſhall continue, I pronounce all the Commerce of the Baltique Sea ſo over-burthened, That the Eaſt-land Company cannot ſubſiſt, nor without them and the Muſcovie Company the Navigation, but that the materials for ſhipping will be doubled, which will eat out all Trades. I have given you but Eſſayes, and ſtrooke little ſparkes of fire before you. My intention is but to provoke the wit and ability of others; I have drawn you a Map, wherein you cannot ſee things clearely and diſtinctly, onely I introduce matter before you: and now I have done, when I have ſhewed you the way how to enlarge and bring every particular thing into debate.
To which end, my motion and deſire is this, That we may ſend to every ſeverall Company of Merchants trading in Companies, and under Government and Priviledges, and to aske of them, what is their Grievances in their generall Trade (not to rake into private Complaints, what are the cauſes of decay or abuſes in their Trades, and of the want of money, which is viſible and of the great loſſes, both to the Kingdome and to every particular, by the late high exchanges; and to deſire every one of theſe Companies to ſet downe their judgement in writing to the Committee by a day appointed; and having from them all the generall ſtate of the complaints ſeverally, we ſhall make ſome judgements of theſe relations one to another this done I deſire to require all the ſame ſeverall Companies, upon their owne papers, to propoſe to us in writing the Remedies appliable in their judgement; which materials having all together, and comparing one with187 another we ſhall diſcover that truth which we ſeeke; that is, whether Trade and Money decay or not, and how to remedy it.
But I have one requeſt more and ſo I will eaſe you of my loſſe of your time: That when from all theſe Merchants we ſhall have before us ſo much matter and without ſuch variety and perhaps not without private and partiall ends, that then you will give me leave to repreſent to you the names of ſome generall and others diſ-intereſſed and wel experienced in many particulars, who may aſſiſt our judgements in all the premiſſes, particularly in moneys and exchanges, and give us great light to prepare our reſult and reſolution to bee by the whole Houſe of Commons repreſented to his Majeſty, and for expedition, that a ſub-Committee, may be named to direct this Information from the Merchants.
MASTER SPEAKER, he is a great ſtranger in Iſrael who knowes not that this Kingdome hath long laboured under many and great oppreſſions, both in religion and liberty: and his acquaintance here is not great, or his ingenuity leſſe, who doth not both know and acknowledge that a great, if not a principall, cauſe of both theſe have beene ſome Biſhops and their adherents.
Maſter Speaker, a little ſearch will ſerve to find them to have beene the deſtruction of unitie; under pretence of uniformity, to have brought in ſuperſtition and ſcandall; under the titles of reverence and decency, to have defil'd our Church; by adorning our Churches, to have ſlackned the ſtrictneſſe of that union which was formerly betweene us and thoſe of our religion beyond the ſea; an action as unpoliticke as ungodly.
Maſter Speaker, wee ſhall finde them to have Tith'd Mint and Aniſe, and have left undone the weightier works of the Law; to have been leſſe eager upon thoſe who damne our Church, then upon thoſe who, upon weake conſcience, and perhaps as weake reaſons (the diſlike of ſome commanded garment, or ſome uncommanded poſture) onely abſtained from it. Nay, it hath been more dangerous for men to goe to ſome neighbours Pariſh, when they had no ſermon in their owne, then to be obſtinate and perpetuall Recuſants; while Maſſes have been ſaid in ſecurity, a conventicle189 hath beene a crime, and which is yet more, the conforming to ceremonies hath beene more exacted then the conforming to Chriſtianity; and whileſt men for ſcruples have beene undone, for attempts upon Sodomie they have onely beene admoniſhed.
Maſter Speaker, we ſhall find them to have beene like the hen in Eſop, which laying every day an egge upon ſuch a proportion of barly, her Miſtreſſe increaſing her proportion in hope ſhee would encreaſe her egges, ſhee grew ſo fat upon that addition, that ſhee never laid more: ſo though at firſt their preaching were the occaſion of their preferment, they after made their preferment the occaſion of their not preaching.
Maſter Speaker, we ſhall find them to have reſembled another fable, the dog in the manger; to have neither preached themſelves, nor employ'd thoſe that ſhould, nor ſuffered thoſe that would: to have brought in catechiſing only to thruſt out preaching, cryed downe Lectures by the name of Factions, either becauſe their induſtry in that duty appeared a reproofe to their neglect of it, (not unlike to that we read of him, who in Nero's time and Tacitus his ſtory was accuſed, becauſe by his vertue he did appeare Exprobrare vitia Principis) or with intention to have brought in darkneſſe, that they might the eaſier ſow their tares, while it was night; and by that introduction of ignorance, introduce the better that Religion which accompts it the Mother of devotion.
Maſter Speaker, in this they have abuſed his Majeſty, as well as his people, for when they had with great wiſedome (ſince uſually the children of darkneſſe are wiſer in their generation then the children of light; I may gueſſe not without ſome eye upon the moſt politicke action of the moſt politicke Church) ſilenced on both parts thoſe opinions which have often tormented190 the Church, and have, and will alway trouble the ſchooles, they made uſe of this declaration to tye up one ſide, and let the other looſe, whereas they ought either in diſcretion to have beene equally reſtrained, or in juſtice to have beene equally tolerated. And it is obſervable, that that party to which they gave this licence, was that whoſe doctrine, though it were not contrary to law, was contrary to cuſtome, and for a long while in this Kingdome was no oftner preached then recanted.
The truth is, Maſter Speaker, that as ſome ill Miniſters in our ſtate firſt tooke away our mony from us, and after indeavoured to make our mony not worth the taking, by turning it into braſſe by a kind of Antiphiloſophers-ſtone: ſo theſe men uſed us in the point of preaching, firſt depreſsing it to their power, and next labouring to make it ſuch, as the harme had not beene much, if it had beene depreſſed, the moſt frequent ſubjects even in the moſt ſacred auditories, being the Jus divinum of Biſhops and tithes, the ſacredneſſe of the clergie, the ſacriledge of impropriations, the demoliſhing of puritaniſme and propriety, the building of the prerogative at Pauls, the introduction of ſuch doctrines, as, admitting them true, the truth would not recompence the ſcandall; or of ſuch as were ſo far falſe, that, as Sir Thomas Moore ſayes of the Caſuiſts, their buſineſſe was not to keepe men from ſinning, but to enforme them Quam propè ▪ ad peccatum ſine peccato liceat accedere: ſo it ſeemed their worke was to try how much of a Papiſt might bee brought in without Popery, and to deſtroy as much as they could of the Goſpell, without bringing themſelves into danger of being deſtroyed by the Law.
Maſter Speaker, to goe yet further, ſome of them have ſo induſtriouſly laboured to deduce themſelves from Rome, that they have given great ſuſpition that191 in gratitude they deſire to returne thither, or at leaſt to meet it halfe way: Some have evidently labour'd to bring in an Engliſh, though not a Roman popery: I meane not onely the outſide and dreſſe of it, but equally abſolute; a blind dependance of the people upon the Clergie, and of the Clergie upon themſelves; and have oppoſed the papacy beyond the ſea, that they might ſettle one beyond the water. Nay, common fame is more then 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 fifteene hundred pounds a yeare can doe to keep them from confeſsing it.
Maſter Speaker, I come now to ſpeake 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 generall ſufferings; and conſidering how little of their freedome of Speech at Whitehall might have ſaved us a great deale of the uſe wee 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 confeſſe, if they had been onely ſilent in this particular, I had beene 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 write, preach, plot, and act againſt it, by encouraging Doctor Beale, by preferring Doctor Mannering, appearing forward for Monopolies and ſhip-mony: and if any were ſlow and backeward to comply, blaſting both them and their preferment, with utmoſt expreſsion of their hatred, the title of Puritans.
192Maſter Speaker, wee ſhall find ſome of them to have labour'd to exclude both all perſons, and all cauſes of the Clergy, from the ordinary juriſdiction of the temporall Magiſtrate, and by hindring prohibitions (firſt by apparent power againſt the Judges, and after by ſecret agreements with them) to have taken away the onely legall 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 doe; and which (in their opinions) the law of God required of them not to doe. Wee ſhall finde them in generall to have encouraged all the Clergy to ſuites, and to have brought all ſuites to the Councell-table, that having all power in Eccleſiaſticall matters, they laboured for equall power in Temporall, and to diſpoſe as well of every Office, as of every Benefice; which loſt the Clergy much revenew, and much reverence, (whereof the laſt is never given when it is ſo asked,) by encouraging them indiſcreetly to exact more of both then was due; ſo that indeed the gaine of their greatneſſe 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 booke, of which the Author no doubt hath long ſince wiſh'd with Nero, Ʋtinam neſciſſem literas! and of which more then one Kingdome hath cauſe to wiſh, that when hee writ that, hee had rather burnd a Library, though of the value of Ptolomie's. We ſhall finde them to have beene the firſt and principall cauſe of the breach, I will not ſay of, but ſince the pacification at Berwike. We ſhall find them to have beene the almoſt ſole abettors of my Lord of193 Strafford, whileſt hee was practiſing upon another Kingdome that manner of government which hee intended to ſettle in this, where he committed ſo many, ſo mighty, and ſo manifeſt enormities and oppreſſions, as the like have not beene committed by any Governour in any government, ſince Verres left Sicily. And after they had called him over from being Deputy of Ireland, to bee in a manner Deputy of England, (all things here being govern'd by a Juntillo, and that Juntillo govern'd by him) to have aſiſted him in the giving of ſuch Councells, 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 beene our deſtruction, if by the grace of God, their ſhare had not beene as ſmall in the ſubtilty of Serpents, as in the innocency of Doves.
Maſter Speaker, I have repreſented no ſmall quantity, and no meane degree of guilt; and truly I beleeve that wee ſhall make no little complement to thoſe, and no little apologie for thoſe to whom this charge belongs, if wee ſhall lay the faults of the men upon the order of the Biſhops, upon the Epiſcopacy. I wiſh we may diſtinguiſh betweene thoſe, who have beene carried away with the ſtreame, and thoſe who have beene the ſtreame that carry'd them; betweene thoſe whoſe proper and naturall motion was towards our ruine and deſtruction, and thoſe who have beene whirl'd about to it, contrary to their naturall motion, by the force and ſwinge of ſuperiour Orbes: and as I wiſh wee may diſtinguiſh betweene the more and leſſe guilty; ſo I yet more wiſh wee may diſtinguiſh betweene the guilty and the innocent.
Maſter Speaker, I doubt, if we conſider that if not the firſt Planters, yet the firſt Spreaders of Chriſtianity,194 and the firſt and chiefe Defenders of Chriſtianity againſt Hereſies within, and Paganiſme without, both with their inke and with their bloud; and the maine conducers to the reſurrection of Chriſtianity, (at leaſt) here in the reformation (and we owe the light of the Goſpell, wee now enjoy to the fire they then endur'd for it,) were all Biſhops: and that even now in the greateſt perfection of that order, there are yet ſome who have conduc'd in nothing to our late innovations, but in their ſilence; ſome, who in an unexpected and mighty place and power, have expreſſed an equall moderation and humility, being neither ambitious before, nor proud after, either of the Croſiers ſtaffe, or white ſtaffe: ſome who have beene learned oppoſers of Popery, and zealous oppoſers of Arminianiſme ▪ betweene whom, and their inferiour Clergy, in frequency of preaching hath been no diſtinction; whoſe lives are untouched, not onely by guilt, but by malice; ſcarce to be equall'd by thoſe of any condition, or to be excell'd by thoſe in any Calendar. I doubt not, I ſay, but if wee 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 governours and good times.
Maſter Speaker, I am content to take away all thoſe things from them which, to any conſiderable degree of probability, may againe beget the like miſchiefes, if they be not taken away. If their temporall titles, power and employment, appeare likely to diſtract them from the care of, or make them looke downe with contempt upon their Spirituall duty, and that the too great diſtance betweene them and thoſe they governe will hinder the free and fit recourſe of their inferiours to them, and occaſion inſolence from them to their inferiours; let that be conſidered, and car'd195 for; I am ſure neither their Lordſhips, their judging of tythes, wills and marriages, no nor their voyces in Parliaments are Jure divino; and I am as ſure that theſe titles, and this power are not neceſſary to their authority, as appeares by the little they have had with us by them, and the much that others have had without them.
If their revenew ſhall appeare likely to produce the ſame effects, (for it hath beene anciently obſerv'd that Religio peperit divitias, & Filia devoravit matrem;) let ſo much of that, as was in all probability intended for an attendant upon their temporall dignities, wait upon them out of the doors: Let us onely 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 againe employ ſome of our Lawes with a ſeverity beyond the intention of thoſe Lawes againſt ſome of their weaker Brethren; that we may be ſure to take away that power, let us take away thoſe Lawes, and let no ceremonies which any number counts unlawfull, 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 owne making as are not confirm'd by Parliament, have beene, or, no doubt, ſhortly will bee 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 doubtfull 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 governe196 have not, and it is ſcarce fit they ſhould have. Since therefore wee are to make new rules, and ſhall, no doubt, make thoſe new rules ſtrict rules, and bee infallibly certaine of a trienniall Parliament, to ſee thoſe rules obſerv'd as ſtrictly as they are made, and to encreaſe or change them upon all occaſions; wee ſhall have no reaſon to feare any innovation from their tyranny, or to doubt any defect in the diſcharge of their duty: I am confident, they will not dare, either ordaine, ſuſpend, ſilence, excommunicate, or deprive otherwiſe, then we would have them. And if this be beleeved, I am as confident, we ſhall not think it fit to aboliſh, upon a few dayes debate, an Order which hath laſted (as appeares by ſtory) in moſt Churches theſe ſixteene hundred yeares, and in all from Chriſt to Calvin; or in an inſtant change the whole face of the Church, like the ſcene of a Maske.
Maſter Speake•, I doe not beleeve them to be Jure divino, nay, I beleeve them not to be Jure divino, but neither doe I beleeve them to be Injuriâ humariâ. I neither conſider them as neceſſary, nor as unlawfull, but as convenient or inconvenient: but ſince all great mutations in government are dangerous, (even where what is introduc'd by that mutation, is ſuch as would have beene 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 foreſeene; and ſince no wiſe man will undergoe great danger but for great neceſſity; my opinion is, that we ſhould not root up this ancient tree, as dead as it appeares, till we have tryed 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 certainely, if we may at once take away both197 the inconveniences of Biſhops and the inconvenience of no Biſhops, that is of an almoſt univerſall mutation; this courſe can onely bee oppoſed by thoſe who love mutation for mutations ſake.
Maſter Speaker, to be ſhort (as I have reaſon to be after having bin ſo long,) that this triall 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 marſhal'd and ordered for our debate: if upon that debate it ſhall appeare, that thoſe may be taken away, and yet the Order ſtand, wee ſhall not need to commit the London Petition at all: for the cauſe of it will be ended; if it ſhall appeare, 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.
THeſe Articles have expreſt the Character of a great and dangerous Treaſon; ſuch a one as is advanced to the higheſt degree of malice and of miſchiefe: It is enlarged beyond the limits of any deſcription or definition: it is ſo hainous in it ſelfe, as that it is capable of no aggravation: a Treaſon againſt God, betraying his Truth and Worſhip; againſt the King, obſcuring the glory, and weakning the foundation of his Throne; againſt the Common-wealth, by deſtroying the principles of Safetie and Proſperitie. Other Treaſons are againſt the Rule of the Law; this is againſt the beeing 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 breake the mutuall, irreverſall, indiſſoluble band of protection and Allegiance, whereby they are, and I hope ever will bee, bound together.
If this Treaſon had taken effect, our Soules had been inthralled to the Spirituall Tyranny of Sathan, our Conſciences to the Eccleſiaſticall Tyranny of the Pope; our Lives, our Perſons and Eſtates to the Civill199 Tyranny of an arbitrary, unlimited, confuſed Government.
Treaſon in the leaſt degree, is an odious and a horrid Crime: other Treaſons are particular; if a Fort bee betrayed, or an Army, or any other treaſonable fact committed, the Kingdome may out-live any of theſe: this Treaſon would have diſſolved the frame and beeing of the Common-wealth; it is an Univerſall, a Catholike Treaſon; the venome and malignity of all other Treaſons are abſtracted, digeſted, ſublimated into this.
The Law of this Kingdome makes the King to be the fountaine of Juſtice, of Peace, of Protection; therefore we ſay, the Kings Courts the Kings Judges, the Kings Lawes. The Royall Power and Majeſtie ſhines upon us in every publique bleſſing and benefit wee enjoy: but the Author of this Treaſon would make him the fountaine of Injuſtice, of Confuſion, of publike miſery and calamitie.
The Gentiles by the light of Nature had ſome obſcure apprehenſions of the Deity, of which they made this expreſsion, that hee was Deus optimus maximus, an infinite goodneſſe, and an infinite greatneſſe. All ſoveraigne Princes have ſome Characters of Divinity imprinted on them; they are ſet up in their dominions to bee Optimi, Maximi, that they ſhould exerciſe a goodneſſe proportionable to their greatneſſe.
That Law terme, Laeſa Majeſtas, whereby they expreſſe that which wee call Treaſon, was never more thorowly fulfilled then now: there cannot bee a greater laeſion or diminution of Majeſtie, then to bereave a King of the glory of his goodneſſe. It is goodneſſe (My Lords) that can produce, not onely to his people, but likewiſe to himſelf honour and happineſs. There are Principalities, Thrones and Dominions amongſt the Divels, greatneſs enough; but being uncapable200 of goodneſs, they are made uncapable both of honour and happineſſe.
The Lawes of this Kingdome have inveſted the Royall Crowne with power ſufficient for the manifeſtation of his goodneſs and of his greatneſs: if more bee required, it is like to have no other effects but povertie, weakneſſe, and miſerie, whereof of late wee have had very wofull experience. It is farre from the Commons to deſire any abridgement of thoſe great Prerogatives which belong to the King; they know that their own Liberty & Peace are preſerved and ſecured by his Prerogative, & they will alwayes be ready to ſupport and ſupply his Majeſty with their lives and fortunes, for the maintenance of his juſt and lawfull Power.
This (My Mords) is in all our thoughts, in our prayers, and I hope will ſo be manifeſted in our indeavours, that if the proceedings of this Parliament bee not interrupted as others have beene, the King may within a few moneths bee put into a cleare way, of as much greatneſſe, plenty and glory, as any of his Royall Anceſtors have enjoyed.
A King and his People make one Body: the inferiour parts conferre nouriſhment and ſtrength, the ſuperiour ſenſe and motion: If there be an interruption of this neceſſary intercourſe of bloud and ſpirits, the whole Body muſt needs bee ſubject to decay and diſtemper; therefore obſtructions are firſt to bee removed, before reſtoratives can be applyed. This (My Lords) is the end of this Accuſation, whereby the Commons ſeeke to remove this perſon, whom they conceive to have beene a great cauſe of the obſtructions betwixt his Majeſty and his People: for the effecting whereof, they have commanded mee to deſire your Lordſhips, that their proceedings againſt him201 may bee put into as ſpeedy a way of diſpatch, as the courſes of Parliaments will allow.
Firſt, that hee may bee called to anſwer, and they may have liberty to reply; that there may bee a quick and ſecret examination of witneſſes, and they may from time to time bee acquainted with the depoſitions; that ſo when the cauſe ſhall bee ripe for Judgement, they may collect the ſeverall Examinations, and repreſent to your Lordſhips in one entire Body the ſtate of the Proofes, as now by mee they have preſented to you the ſtate of the Charge.
BY hearing this Charge, your Lordſhips may perceive what neere conjunction there is betweene this Cauſe and the Earle of STRAFFORDS: the materials are (for the moſt part) the ſame in both: the offences of the Earle moving from an higher Orb, are more comprehenſive, they extend both to England and Ireland; theſe (except in one particular of reducing of England by the Iriſh Army) are confined within one Kingdome; the Earle is charged as an Authour, Sir GEORGE RATCLIFFE as an Inſtrument and ſubordinate Actor.
The influences of ſuperiour Planets are often augmented and inforced, but ſeldome mitigated by the concurrence of the inferiour, where merit doth ariſe not from well-doing, but from ill; the officiouſneſſe of miniſters will rather adde to the malignity of their Inſtructions, then diminiſh it, that ſo they may more fully ingratiate themſelves with thoſe upon whom they depend.
In the crimes committed by the Earle there appears more haughtineſſe and fierceneſſe, being acted by his owne principles; thoſe motions are ever ſtrongeſt which are neereſt the Primum mobile: But in thoſe of203 Sir GEORGE RATCLIFFE there ſeemes to be more baſeneſſe and ſervility, having reſigned and ſubjected himſelfe to bee acted by the corrupt will of onother.
The Earle of STRAFFORD hath not beene bred in the ſtudy and practice of the Law, and having ſtronger luſts and paſsions to incite, and leſſe knowledge to reſtraine him, might more eaſily be tranſported from the Rule; Sir GEORGE RATCLIFFE in his naturall temper and diſpoſition more moderate, and by his education and profeſsion better acquainted with the grounds and directions of the Law, was carried into his offences by a more immediate Concurrence of will, and a more corrupt ſuppreſsion of his owne Reaſon and Judgement.
My Lords, as both theſe have beene partners in offending: ſo it is the deſire of the Commons, they may bee put under ſuch tryall and examination, and other proceedings of juſtice as may bring them to partake in a deſerved puniſhment, for the ſafety and good of both Kingdomes.
THE great ſecurity of the Kingdome reſts in the happy concurrence of the King and people in the unity of their hearts.
Theſe joyned, ſafety and plenty attends the Scepter; but divided, diſtraction and confuſion, as Bryers and Thorns, overſpreads, and makes the Land barren.
The duties and affections of your ſubjects are moſt tranſparent, moſt cleare, in the cheerfull and moſt ▪ liberall contributions, given to knit faſt this union with the bond of peace.
The treaſures of the privie Purſe, are but the ſupplies of Fancies, warranted by a common Intereſt; But the publick Tribute given by common aſſent, ſupports Royall Dignity, is ſheltred under the wings of Prerogative, and by that power covered from the eyes, from the touch of deceivers.
205In theſe wee 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 eares of ſacred Majeſty, that our ſelves onely, not your ſacred perſon, not your Royall poſterity, are the ſupreme objects of the givers.
The preſervation of the publick 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 returne to your ſacred Majeſty, as to the Ocean the Tribute due to Juſtice and Soveraignty.
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 Royall aſſent ſtamps your image here, and makes this yours, and yours onely, which I (by the commands of the Commons) humbly beſeech of your ſacred Majeſty.
I Have heard, ſince I had the honour to ſit here, many grievances preſented, and truly Sir, my heart bleeds within mee when I thinke of them, eſpecially thoſe that concerne Religion. But what ſhould I ſpeake of grievances concerning Religion, when Religion it ſelfe is become a grievance, nay the very Nurſe and Mother of all grievances, all ſcandalls, all reproaches?
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 Charibdis, Popery on the one ſide, and I know not what to call it on the other; in many reſpects both alike dangerous, unleſſe the Italian Proverb may alter the Caſe; God defend me from my reputed friends, and I will defend my ſelfe from my profeſt enemies.
Sir, Wee are intruſted by God, the King and the Countrey, with the managing of this Bark, fraught207 with the fortunes of three great Kingdomes: Now, ſhould wee ſo decline the former Rock, that wee daſh on the other ſide. I humbly offer it to this Honourable Aſſembly, whether ſhee might not have juſt cauſe to ſay, ſhee had changed her Pilot rather then her condition, and onely ſhifted places to finde her ruine: For Sir, there is as much beyond Truth, as on this ſide it; and would wee ſteere a right courſe, wee muſt be ſure to keepe the channell, leſt wee fall from one extreme to another; from the dotage of Superſtition, to the frenzie of Profaneneſſe; from bowing to Idols, to worſhip the Calves of our owne 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 Gods Service, to the ſcandall of Chriſtianity, the reproach of Religion, and the intolerable griefe of all good men; of which I may take up the words of Petrus de Aliaco to the Councell 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 mans Advocate, no mans enemy; but a faithfull lover of truth and peace, and a dutifull Son of our diſtreſſed Mother, the Church of England; in whoſe behalfe, and our owne, my motion ſhall bee 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 bee 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 ſtrike208 at the roote and branch, as they pleaſe to call it, I ſhall humbly move, that wee rather conſider how to ſatisfie the Petitioners with ſome timely declaration from both Houſes of the lawfulneſſe and conveniency of Epiſcopall Government, derived from the Apoſtles, and ſo long eſtabliſhed in this Kingdome, rather then to venture upon any alteration, the conſequence whereof the wiſeſt man cannot fore-ſee. And in truth, Sir, ſhould we once begin (for my owne part) I know not how, or where wee ſhould ſtay. Nevertheleſſe, if any one doubt the ſuperiority of Biſhops over Prieſts and Deacons in Eccleſiaſticall government, or in ordination, I ſhall be ready, whenſoever this Houſe ſhall command mee, to make it good, and I think, by as pregnant teſtimonies as wee are able to prove the difference betwixt Canonicall and Apocryphall Scripture, the neceſsity of Infants baptiſme, or that the Apoſtles were the Authors of their owne Creed. But, Sir, I hope you will ſave your ſelfe and mee that labour, and rather deviſe of ſome ſet way to bind up the Churches wounds, which (God knowes) are too wide already, that ſo the Clergy and Laity being made friends, and all reduced to the modell 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 gratiouſly and prudently expreſt himſelfe, I am the more confident wee ſhall not onely 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.
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 mee leave to be a Reader, and that they will not expect from my age and weakneſſe a particular repetition of the ſame words, a taske too great for my memory unpractiſed for many yeares in ſuch exactneſſe; neither am I able to repreſent without diminution, that life, and grace, that thoſe relations received from ſo great abilities, deſiring their Lordſhips pardon, and your acceptance of the ſubſtance and matter, wherein I hope I ſhall omit nothing ſubſtantiall; and if I could repeate every word, yet would it want as much luſter as copies of ordinary hands, doe of the beſt originals.
My Lord Keeper did firſt let us know, that his Majeſty had commanded the Lords Commiſſioners of the great Councell, to give an account of their Treaties at Yorke and Rippon, to both Houſes; and of his Majeſties gracious intentions, in a buſineſſe ſo much importing the honour and ſafety of the Kingdome, that there might be made a faithfull relation with all210 candor and clearneſſe, which was the ſumme of his Majeſties inſtructions.
His Lordſhip declaring that my Lords of the upper Houſe, for the ſaving of time, had thought fit to give this account to a Committee of both Houſes, which hath occaſioned the meeting at this Conference; and election being made of the Earle of Briſtoll by the Lords Commiſſioners, he began his Narration, directed to the Lords of the upper Houſe, and to the Knights, Citizens and Burgeſſes of the houſe of Commons: and thus the Earle of Briſtoll began;
That the Lords Commiſſioners intended not to looke further back into the buſineſſe, then the Acts of their own imployments.
They did intend to give no account of the pacification interrupted, nor war renewed; no account how the Armies in England, Ireland, and by Sea were deſigned, nor of any occaſion: They purpoſed not to lay fault upon any man, nor to enquire into the cauſe why the Scots (as they pretended from neceſsity) were drawne to enter this Kingdome, nor why the Kings Army, when ſervice was to be done, was out of the way; But that thoſe through whoſe hands theſe have paſſed, might hereafter give their own account.
His Lordſhip told us, that his Majeſty was pleaſed to call his great Councell at Yorke, to whom he made two propoſitions.
The firſt was, how his Army, which ſeemed to be in diſtreſſe for want of pay, ſhould be relieved and maintained.
To this, to ſhew their duties to the King, the Lords reſolved to ingage themſelves, and to that purpoſe to ſend choſen Deputies to London, to negotiate a ſupply.
The ſecond propoſition was, that after the Scots had paſſed Northumberland, taken Newcaſtle, and poſſeſſed the Biſhopricke of Dureſme, they ſent a Petition211 to his Majeſty, which containeth, in generall termes, a deſire to have their grievances taken into conſideration.
Which Petition and Anſwer thereunto was read unto us,A. N. A. and preſented for our clearer underſtanding.
Upon receipt of his Majeſties Anſwer, the Scotiſh Lords ſent his Majeſty a ſecond Petition, directed in a Letter to the Earle of Lanrick,K. Q. in which they made their particular demands, and declared, that, according to his Majeſties command, they would advance no further; and this Petition was alſo read and delivered unto us, of which his Lordſhip deſired that great Aſſembly to take eſpeciall notice, for that much of the future diſcourſe would depend upon it.
The buſineſſe thus ſtated at the great Councell, the ſecond propoſition was, what Anſwer ſhould be made to that Petionary Letter, and in what manner it ſhould be carried; In which his Majeſty required their Councell.
Whereupon the Lords replyed, that it was impoſsible for them to give any well grounded advice, unleſſe the true ſtate of his affaires, and the Condition of his Army were laid before them.
Whereupon his Majeſty commanded the Earle of Traquaire,N. L. to make the Narration of the Scotiſh buſineſſe, and their late Acts of Parliament, and the Lord Lievtenant generall, to give an account in what condition the Army ſtood, and what was anſwered by my Lord Lievtenant, was read in his owne words.
Beſides this declaration, the Earle of Briſtoll delivered upon a further enquiry, how the ſtate of the buſineſſe then ſtood:
That the Scots Army had paſſed Northumberland without reſiſtance; that they had diſputed the paſſage212 of the River of Tyne at Newburne, where our horſe retyred in diſorder; that his Majeſties foot Army conſiſting of twelve or fourteene thouſand men in Newcaſtle, likewiſe retired to Yorke, whereby the Towne of Newcaſtle, a place of great conſideration, was without one ſtroke ſtrucken, fallen into the Scots hands, and the Biſhopricke of Dureſme drawn under Contribution.
That in this ſtate, the Gentry of the Biſhopricke repayred to Maſter Treaſurer, who carryed them to his Majeſty, from whom they were referred to my Lord Lievtenant of the Army, who gave them this anſwer poſitively; That they could looke for no help nor protection from the King, and therefore they might uſe the beſt meanes they could to preſerve their lives and eſtates. Whereby thoſe diſtreſſed Provinces, the ancient Bulwarks of this Kingdome, full of brave and valiant men, being now fallen into the power of an Army, which of neceſsity muſt live, were forced to conſent to a contribution by Treaty, and a very heavy one, though ſuch without which the Scotiſh Army could not ſubſiſt.
The agreement was 350. l. a day for the Biſhopricke of Dureſme, 300. l. a day for Northumberland, 200. a day for the Towne of Newcaſtle, in all 850. l. a day; which, ſhould it continue, would amount unto 300000. l. for one yeare.
Theſe Gentlemen much lamented their eſtates that the Scots ſhould be irritated (as they call it) by being proclaimed Traytors.
His Lordſhip made a little digreſsion, and asked leave to ſpeake truth in ſuch language, as the Scots had preſented their ſtate unto them: That having proclamation made againſt them, being threatned with a great Army of thirty or forty thouſand men; another of ten thouſand out of Ireland, and by Parliament213 declared Traytors and Rebels, and having heard of another Army providing, of eight or ten thouſand by ſhipping to hinder their Trade, at leaſt their Commerce with England, that they were drawne together by neceſsity, as they pretended, of defence; further alledging that it was a common diſcourſe, of which they had ſeene papers, that they ſhould bee reduced into a Province, which would be but one Summers worke; and therefore they having drawne their power together, as any Nation would doe, and being aſſembled, and their Country being poore, taking advantage of the time, and that all thoſe Armies that ſhould oppoſe them were out of the way, and thoſe unfortunate Provinces left like a liſt of Cloath; they were forced to enter in England; that thus they had lamented, and thus the ſtate ſtood before the Lords, when it was examined in the great Councell.
Thus their Lordſhips found, that the Scots had increaſed their confines neere foureſcore miles in England, and had paſſed the Rivers of Tweed and Tyne; and that the River of Tees the boundary of Yorkeſhire, (Dureſme being poſſeſſed) was not to be defended, being foordable in many places by forty horſe a front; that if the Scots ſhould paſſe that River, there was no poſsibility to hinder them from comming to Yorke, or to any part of England, without hazarding a Battell, which my Lord Lievtenant had declared unto them he would not adviſe, for though the Kings Army conſiſted of ſeventeene or eighteene thouſand good bodies of men; yet being untrained and unuſed to Armes, he would be loath to hazzard ſuch an Adventure upon them; but if they ſhould advance to Yorke, hee might make good that Citie: This being the caſe as it was preſented, my Lords adviſed his Majeſty that they conceived the fitteſt way214 was, that the Scots and their grievances might bee heard.
And whereas their maine Complaint had beene, that their Petitions to his Majeſty had beene conveyed by Conduits of an evill relliſh, that there might be choſen ſuch Lords Commiſsioners, of whoſe integrity they could not doubt.
Whereupon, his Majeſty was pleaſed to referre the choyce of the Commiſsioners to the great Councell, who made the election with the aſſent of his Majeſty,The Commiſſioners names N. B. to whom power was given, under the great ſeale of England, to heare whatſoever the Scots would lay before them; and to enter into Treatie with them, and to give ſafe conducts, and to do all things preparatory to a Treaty.
The firſt place of meeting was appointed at North-Allerton, but ſome inconveniences being found, it was by conſent transferred to Rippon.
For the inducement of this meeting,N. B. a Letter of the Lord Lanricks to the Scots Commiſsioners was read and given unto us.
The Treaty thus ſettled, the Lords to be imployed receiving inſtructions from his Majeſty, by the conſent of the great Councell; it was agreed they ſhould treat upon the whole buſineſſe propounded by the Scots, and left to their diſcretion to treate of a Ceſſation of Arms, as the ordinary fore-runner of all Treaties of Peace.
When their Lordſhips came to Rippon, the Ceſſation of Armes was the firſt propoſed, but being entered upon it, the Scots Commiſsioners did let their Lordſhips know, that there was ſomething neceſſary firſt to be done, that the Countreys where they lay were become poore; that they could not thinke, as their affaires ſtood, of returning home; that his Majeſty had reſtrayned them from paſsing further: ſo215 that a Treaty in this Exigent was worſe then a Warre, unleſſe meanes might be thought upon how they might ſubſiſt; and hereupon they did propound, that if it were expected that they made no further progreſſe therein, obeying his Majeſties command, which nothing but invincible neceſsity ſhould force them to tranſgreſſe, by plundring the Countreys, they muſt have maintenance for their Army.
This motion ſeemed very ſtrange to their Lordſhips, that it ſhould be demanded to provide a maintenance for the Scots, when the Kings owne Army was in great diſtreſſe; yet the neceſsity ſeemed to be ſuch on both ſides, that the Lords appointed ſome of their Company to repaire to the King at Yorke, to acquaint his Majeſty with the Scots demand.
Upon debate of the buſineſſe, though it were of hard digeſtion to his Majeſty, the Lords, and the whole Kingdome, that they, whoſe Anceſtors had been called to adviſe upon the Ranſome of Kings, ſhould now come to conſult how to maintaine an Army got into our owne bowels; Therefore, their Lordſhips would not proceed without the knowledge of his Majeſty and the great Councell; where it was found neceſſary, not for maintaining the Scots Armies (for they might eaſily ſupply their owne wants by plundring, in which courſe they might get a million, whereas five thouſand pounds would ſerve but for two months) but to preſerve the Countreys from utter ruine, and the Scots from further advancing, to give to their Lordſhips Commiſsion to treate for a competency of maintenance during the Treaty.
The firſt demand was forty thouſand pounds a moneth, which by Treaty was reduced thus: That inſtead of giving them any allowance, they ſhould bee left to their proportion of that contribution already agreed upon by the Counties, as leſſe diſhonourable216 then to aſsigne them maintenance.
This point being thus ſettled,N. D. E. their Lordſhips proceeded to the Treaty of Seſsions, and both were agreed and concluded, his Lordſhip propoſing the Articles themſelves to bee read for more ſatisfaction.
His Lordſhip proceeded, that theſe preparatives being ſettled at Rippon, twenty miles from Yorke, and the time far ſpent, and the Parliament approaching, their Lordſhips reſolved to bee humble ſuitors to his Majeſty, that the generall Treaty might be tranſferred to London, by conſent of both parties thereunto agreeing.
Here his Lordſhip propoſed the reading of a Letter whereby this tranſlation of the Treaty was moved, which was done and delivered unto us.
To this Letter his Majeſty made a gracious anſwer, and conſented to transferre the Treaty to London, where ſome of the Scots Commiſsioners are already arrived, and the reſt within a day or two expected.
Their Lordſhips having proceeded in the Treaty as far as they could goe, repaired to Yorke, and both Articles concluded were read in his Majeſties preſence; and that they declared that they had in all things punctually obſerved their Inſtructions, whereupon his Majeſty required them to give their counſell, whether he ſhould ratifie and ſigne theſe Articles or not.
To which the Lords made anſwer, that they had ſerved his Majeſty in quality of Commiſsioners Ambaſſadours and had duly obſerved their Inſtructions; but now He being pleaſed to aske their advice, they would bee glad to ſerve him according to their conſciences, and therefore beſought his Majeſty for leave to retire themſelves, and conſult of the buſineſſe; to217 which his Majeſty was graciouſly pleaſed to conſent.
Upon reſolution, conſidering the great ſtrait into which his Majeſties affaires were reduced, they concluded to adviſe his Majeſty to ſigne, and craved leave to preſent unto his Majeſty a declaration of their reaſons; which were accepted and read in the great Councell.
And their Lordſhips held it neceſſary to bee read againe in that great Aſſembly,N. G. as the reſt of their Councell.
Theſe reaſons being read, his Majeſty was pleaſed to ratifie the Articles in expreſſe words alſo read unto us.
His Lordſhip concluded this Narrative as the full account of the Treaty,N. D. and proceeding in it to his Majeſties ratification; and craved leave in the next place, to preſent the hard and wofull condition in which his Majeſties affaires then ſtood in the North:
Firſt, that by conſent a contribution of 850. l. a day was agreed.
That there was already ſome doubt that the Countries were not able to beare it.
On the other ſide, it was objected by the Scots, that it was impoſsible if the payment ſhould faile, to keepe their promiſe, or to obey his Majeſty, but that they ſhould be neceſsitated againſt their will to plunder the Country.
Theſe doubts conſidered, it was declared by my Lord Lievtenant, that the Counties of Cumberland and Weſtmerland being at pleaſure under the Scots power, it was reaſonable that in ſubſidium they ſhould contribute ſome helpe to their Neighbours: But hee declared ſince their Lordſhips coming away, the Commiſsioners left at Dureſme had written, that it218 was impoſsible for them to proceed in the agreement; which if it were broken on their part, the Scots would alledge an impoſsibility to conſent to ſtarve; ſo that if ſome meanes were not found, by which thoſe Counties engaged might bee relieved, hee was affraid all their labour and Treaty would come to nothing: and this letter was read and preſented unto us.
His Lordſhip repreſented,N. H. that the Commiſsioners and all the Lords had engaged themſelves faithfully and truly to declare to the Parliament the diſtreſſe of the Counties.
Hee declared that it was far from their Lordſhips purpoſe to move any ſupply of money from the Houſe of Commons, but to lay the cauſe before them, and to leave it to their wiſedome; averring certainly that if ſome courſe were not taken, the whole kingdome would be put into diſorder; Armies would not ſtarve, retiring was not yet as hee thought in the thoughts of the Scots: Therefore they muſt plunder and deſtroy, or advance into Yorkeſhire, and ſo into England to ſeeke ſubſiſtence; the prevention whereof did highly import the King and kingdome.
His Lordſhip propoſed another, no leſſe worthy of conſideration to the whole kingdome: But if the Scots Army were provided of a competency for the eaſe of thoſe Counties, it were very ſtrange there ſhould not an equall care be had for mainteining the Kings Army that ſtands before them. He ſaid the Scots Army was ſtrong and powerfull, and little other reſiſtance againſt it, but the impediments of an Army marching in winter: But whether it were fit for a kingdome to bee truſted to accidents of Froſts, with a people bred in Swedland219 and cold Countreys, hee left to their diſcretion.
His Lordſhip confeſſed, that the Scots had made great proteſtations, and with great execrations averred, that they had no intent to advance forward, but returne when they ſhall have received ſatisfaction.
Yet their Lordſhips did not conceive that the kingdome ſhould relye upon promiſes or proteſtations.
Many accidents might happen when a Nation, come from a farre Countrey to a better, ſhould bee told the buſineſſe they come about was juſt and their quarrell good; who finding themſelves in a fat paſture, may pick quarrells which their Leaders, if they ſhould goe about to prevent them of the reward of their vertue and valour.
Upon theſe grounds his Lordſhip preſented to the generall conſideration the ſupply of his Majeſties Army, that it bee not disbanded; which if it ſhould come to paſſe. Yorkeſhire and other parts of England were left to the Scots diſcretion.
His Lordſhip ſaid, Hee durſt not ſay the Scots would not come forward, but that it was in their power if they would; and therefore hee recommended this repreſentation to the whole body of the kingdome, to prevent furture dangers.
Hee concluded with a prayer to Almighty God, to direct the hearts of all the kingdome, and to give a bleſsing onely able to remove the great diſtractions, ſo many and ſo grievous, as under which, ſince the Conqueſt, this kingdome never laboured.
220There were preſented unto mee two papers more, the one being Inſtructions from Newcaſtle to Sir Thomas Hope and others, concerning the contribution; the other an account of Arreers from the eleventh of September to the twentieth of November, which were all read unto us; nor doe I know how or to what uſe to imploy them.
THough my Judgement prompts mee to fit ſtill and be ſilent, yet the duty I owe to my King, my Countrey and my Conſcience, moves me to ſtand up and ſpeake.
Maſter Speaker, had not this Syren ſo ſweet a tongue, ſurely hee could never have effected ſo much miſchiefe to this kingdome: you know Sir, optimorum putrefactio peſsima, the beſt things putrefied become the worſt: and as it is in the naturall, ſo in the body politick; and whats to be done then Maſter Speaker, wee all know, enſe recidendum eſt, the ſword, Juſtice muſt ſtrike, nè ſinceratruhatur.
Maſter Speaker, it is not the voice, non vox ſed votum, not the tongue, but the heart and actions that are to be ſuſpected: for doth not our Saviour ſay it, Shew mee thy faith by thy workes, O Man? Now, Maſter Speaker, hath not this kingdome ſeene, (ſeene ſay I?) nay felt and ſmarted under the cruelty of this mans Juſtice? ſo malicious as to record it in every Court of Weſtminſter; as if hee had not beene contented with the enſlaving of us all, unleſſe hee entailed it to all222 poſterity. Why ſhall I beleeve words now, cum factum videam? Shall we be ſo weake men, as when wee have beene injured and abuſed, will be gained againe with faire words and complements? Or, like little children, when we have beene whipt and beaten, bee pleaſed againe with ſweet meats? Oh no: there be ſome birds in the Summer of Parliament will ſing ſweetly, who in the Winter of Perſecution will for their prey ravenouſly fly at all, upon our goods, nay ſeize upon our perſons; and hath it not beene with this man ſo, with ſome in this aſſembly?
Maſter Speaker, it hath beene objected unto us, that in Judgement wee ſhould thinke of mercy, and Bee yee mercifull as your heavenly Father is mercifull; now God almighty grant that we may be ſo, and that our hearts and Judgements may be truly rectified to know truly what is mercy, I ſay to know what is mercy; for there is the point Maſter Speaker: I have heard of fooliſh pitty, fooliſh pitty: doe we not all know the effects of it? and I have met with this Epithete to mercy, Crudelis miſericordia; and in ſome kind I thinke there may be a cruell mercy: I am ſure that the ſpirit of God ſaid, Be not pitifull in Judgement, nay it ſaith, Bee not pitifull of the poore in Judgement; if not of the poore, then a Latiori, not of the rich; there's the Emphaſis. We ſee by the ſett and ſolemne appointments of our Courts of Juſtice, what proviſion the wiſedome of our Anceſtors hath made for the preſervation, honour and eſteeme of Juſtice, witneſſe our frequent Termes, Seſſions and Aſsiſes, and in what pompe and ſtate the Judges in their Circuits, by the Sheriffes, Knights, and Juſtices, and all the Countrey, are attended oft-times for the hanging of a poore thiefe for the ſtealing of a hog or a ſheep, nay in ſome Caſes for the ſtealing of a penny, and Juſtice too, in terrorem; and now ſhall not ſome of them be hanged223 that have rob'd us of all our propriety, and ſheered at once all our ſheepe and all we have away, and would have made us all indeed poore Bellizaraſſes to have begged for halfe-pennies, when they would not have left us one penny that wee could have called our owne?
Let us therefore now, Maſter Speaker, not be ſo pitifull as that wee become remiſſe; not ſo pitifull in Judgement, as to have no Judgement; but ſet the deplorable eſtate of Great Brittain now before our eyes, and conſider how our moſt gracious Soveraigne hath beene abuſed, and both his Majeſty and all his Subjects injured by theſe wicked Inſtruments; for which my humble motion is, that with theſe particulars wee become not ſo mercifull, as to the generality (the whole kingdome) wee grow mercileſſe.
I Will uſe no preface, as they uſe to doe who appeare men for ſome thing to which they would perſwade and move their affections: I will onely propoſe what I conceive fit for the Houſe to conſider, and ſhall be no more concerned in the event then they that ſhall heare mee.
Two things I obſerve in his Majeſties demands:
Touching the firſt, his Majeſties occaſions for mony are but too evident; for to ſay nothing how wee are neglected abroad, or diſtracted at home, the calling of this Parliament and our ſitting here (an effect which no light cauſe could in theſe times have produced) is enough to make any reaſonable man beleeve that the Exchequer abounds not ſo much in money, as the State in occaſions to uſe it; and I hope we ſhall all appeare willing to diſprove thoſe who have thought to diſſwade his Majeſty from this way of Parliament, as doubting and uncertaine, and to let him ſee that it is as ready and more ſafe for the advancement of his affaires, then any new or pretended old way whatſoever.
225Now (Maſter Speaker) for the ſpeedy diſpatch required, which was the ſecond thing, not onely his Majeſtie but Res ipſa loquitur; the occaſion ſeemes to importune no leſſe: neceſsity is come upon us like an armed man, and yet the uſe of Parliaments heretofore, (which appeare by the writs that call us hither) was to adviſe with his Majeſty of things concerning the Church and common-wealth.
And, Maſter Speaker, it hath ever been the cuſtome of Parliaments, by good and wholeſome lawes to refreſh the Common-wealth in generall, yea and to deſcend into the remedies of particular grievances, before any mention made of ſupply. Looke backe upon the beſt Parliaments, and ſtill you ſhall finde that the laſt Acts are the free gift of the Subſidies on the peoples part, and generall pardons on the Kings part; even the wiſeſt Kings have acquainted their Parliaments with their deſignes, and the reaſons thereof, and then demanded the aſsiſtance both of their counſell and their purſes: But (Maſter Speaker) Phyſicians (though they be called of the lateſt) muſt not ſtomach it, or talke what might have beene, but apply themſelves roundly to the cure; let us not ſtand too nicely upon circumſtances, nor too rigidly poſt poſe the matter of ſupply, to the healing of our lighter wounds. Let us doe what poſsibly may be done with reaſon and honeſty on our parts to comply with his Majeſties deſires, and to prevent the imminent ills which threaten us: but conſider (Maſter Speaker) that they that thinke themſelves undone can never apprehend themſelves in danger, and they that have nothing left can never give freely, nor ſhall we ever diſcharge the truſt of thoſe that ſent us hither, or make them beleeve that they contribute to their owne defence and ſafety, unleſſe his Majeſty be pleaſed, firſt to reſtore them to the propriety of their goods and lawfull liberties,226 whereof they eſteeme themſelves now out of poſſeſsion. One need not tell you that the propriety of goods is the mother of courage, and nurſe of induſtry, makes us all valiant in war, and good husbands in peace: the experience I heare of former Parliaments, and my preſent obſervation of the care the Countrey hath had to chooſe perſons of worth and courage, makes mee thinke this Houſe like the Spartans, whoſe forward valour required ſome ſofter muſicke to allay and quiet their ſpirits, too much moved with the ſound of martiall Inſtruments. 'Tis not the feare of impriſonment, or, if need be, of death it ſelfe that can keepe a true hearted Engliſh-man from the care to leave this part of his inheritance as intire to poſterity as hee received it from his Anceſtors.
This therefore let us firſt doe, (and the more ſpeedily,) that we may come to the matter of ſupply; let us give new force to the many lawes which have beene heretofore made for the mainteining of our rights and priviledges, and to reſtore this Nation to the fundamentall and vitall liberties, the propriety of our goods, and freedome of our perſons; no way doubting but we ſhall find his Majeſty as gracious and ready, as any of his Royall progenitors have beene, to grant our juſt deſires therein: for, not onely the people doe thinke, but the wiſeſt doe know, that what wee have ſuffered, wee have ſuffered from his Miniſters. That the perſon of no King was ever better beloved of his people, and that no people were ever more unſatisfied with the wayes of levying moneys, are two truths which may ſerve one to demonſtrate the other; for ſuch is their acceſsion to the preſent courſes, that neither the admiration they have of his Majeſties native inclination to Juſtice and Clemency, nor the pretended conſent of the Judges, could make them227 willingly ſubmit themſelves to this late tax; and ſuch is their naturall loves, and juſt eſteeme of his Majeſties goodneſſe, that no late preſſure could provoke them, not any example invite them to diſloyalty or diſobedience. But what is it then hath bred this miſunderſtanding betwixt the King and his people? How is it that having ſo good a King, wee have ſo much to complaine of? Why (Maſter Speaker) wee are told of the ſonne of Solomon that hee was a Prince of a tender heart, and yet we ſee, by the advice of violent counſels, how rough an anſwer he gave to his people. That his finger ſhould bee as heavy as his fathers loynes, was not his owne, but the voyce of ſome perſons about him, that wanted the gravity of moderation requiſite for the Counſellors of a young King. I love not to preſſe Allegories too far; but the reſemblance of Jobs ſtory with ours holds ſo well that I cannot but obſerve it to you. It pleaſed God to give his Enemy leave to afflict him more then once or twice, and to take all hee had from him, and yet he was not provoked to rebell ſo much as with his tongue, (although hee had no very good example of one that lay very neere him,) and felt not halfe that which he ſuffered. I hope his Majeſty will imitate God in the benigner part too, and as he was ſevere to Job onely while hee diſcourſed with another concerning him, but when hee vouchſafed to ſpeake himſelfe unto him, began to rebuke thoſe who had miſtaken and miſ-judged his Caſe, and to reſtore the patient man to his former proſperity: ſo now, that his Majeſty hath admitted us to his preſence, and ſpoken face to face with us, I doubt not but wee ſhall ſee fairer dayes, and be as rich in the poſſeſsion of our owne as ever wee were. I wonder at thoſe that ſeeme to doubt the ſucceſſe of this Parliament, or that the miſunderſtanding betwixt the King and his People ſhould laſt any longer, now228 they have ſo happily met. His Majeſties wants are not ſo great, but that we may find meanes to ſupply him; nor our deſires ſo unreaſonable, or ſo incompetible with government, but that his Majeſty may well ſatisfie them. For our late experience (I hope) will teach us what rocks to ſhunne and how neceſtary the uſe of moderation is: And for his Majeſty, he hath had experience enough how that proſpers which is gotten without the concurrent good will of his people: never more money taken from the Subject, never more want in the Exchequer. If we looke upon what we have payd, it is more then ever the people of England did in ſuch a time; if we looke upon what hath beene effected therewith, it ſhewes as if never King had beene worſe ſupplyed; ſo that we ſeeme to have acted Belids part, whoſe puniſhment was to endevour the filling of a Sive with water. Whoſoever gave advice for theſe courſes, hath made good the ſaying of the wiſe man, Qui conturbat domum ſuam poſsidebit ventum. By new wayes they think to accompliſh wonders, but in truth they graſpe the winde, and are in the meane time ſaevus ambobus Achilles, cruell to us, and to the King too: for if the Common-wealth flouriſh, then hee that hath the Soveraignty can never want nor doe amiſſe, ſo as hee governe not according to the intereſt of others, but goe the ſhorteſt and the ſafeſt wayes to his owne and the common good, with regard how they ſtand in order to any private mans deſires, or a preſervation. The Kings of this Nation have alwayes governed by Parliaments: And if wee looke upon the ſucceſſe of things ſince Parliaments were layd by, it reſembles that of the Grecians, Ex illo fluere & vetito ſublapſa referri Rex Danaum, eſpecially on the Subjects parts; for though the King hath gotten little, they have loſt all: but his Majeſty ſhall heare the truth from us, and wee ſhall229 make to appeare the errors of Divines, who would perſwade us that a Monarch can be abſolute, and that he may doe all things, ad libitum, receding not onely from their text, (though that be a wandring too) but from the way which their owne profeſsion would teach them, Stare ſuper vias antiquas, and remove not the ancient bounds and land-markes which our Fathers have ſet. If to be abſolute were to be reſtrained by no lawes, then can no King in Chriſtendome be ſo, for they all ſtand obliged to the Lawes Chriſtian, and we aske no more: For to this Pillar are our priviledges fixt, our Kings at their Coronation taking a ſacred oath not to infringe them. I am ſorry theſe men take not more care of informing our faith of thoſe things which they tell us for our ſoules health, whiles we know them ſo manifeſtly in the wrong, in that which concerns the liberties & priviledges of the Subjects of England: But they gaine preferment, and then 'tis no matter, though they never beleeve themſelves nor are beleeved of others. But ſince they are ſo ready to let looſe the Conſcience of our Kings, we are the more carefully to provide for our protection againſt this Pulpit-Law, by declaring and re inforcing the Municipall Lawes of this kingdome. It is worth the obſerving how new this opinion is, or rather this way of riſing, even amongſt themſelves. For, Maſter Hooker, who ſure was no refractory man (as they terme it) thinkes that the firſt Government was arbitrary, untill it was found, that to live by one mans will became the cauſe of all mens miſeries, (theſe are his words;) and that this was the originall of inventing Lawes. And (Maſter Speaker. ) if we looke furtner back, our Hiſtories will tell us that the Prelates of this kingdome have often beene the mediators betweene the King and his Subjects, to preſent and pray redreſſe of their grievances, and had reciprocally230 then as much love and reverence from the People: but theſe Preachers, more active then their Predeceſſors, and wiſer then the Lawes, have found out a better forme of Government; the King muſt bee more abſolute Monarch then any of his Predeceſſors, and to them hee muſt owe it, though in the meane time they hazzard the hearts of his people, and involve him into a thouſand difficulties. For, ſuppoſe this forme of Government were inconvenient, and yet (Maſter Speaker) this is but a ſuppoſition, for theſe five hundred yeares it hath not onely mainteined us in ſafety, but made us victorious over other Nations; but (I ſay) ſuppoſe they have another Idea of one more convenient, wee all know how dangerous Innovations are, and what hazzard thoſe Princes runne, that enterpriſe the change of a long eſtabliſhed Government. Now (Maſter Speaker) of all our Kings that have gone before, and of all that are to ſucceed in this happy race, why ſhould ſo pious and ſo good a King bee expoſed to this trouble and hazzard? beſides that, Kings ſo diverted can never doe any great matter abroad. But (Maſter Speaker) whiles theſe men have thus bent their wits againſt the Lawes of their Countrey, whether they have neglected their owne Province, and what Tares are growne up in the field which they ſhould have tilled, I leave it to a ſecond conſideration; not but that Religion ought to bee the firſt thing in our purpoſes and deſires, but that which is firſt in dignity is not alwayes to precede in order of time; for, well-being ſuppoſes a being, and the firſt impediment which men naturally indevour to remove, is the want of thoſe things without which they cannot ſubſiſt. God firſt aſſigned unto Adam maintenance of life, and gave him a title to the reſt of the Creatures before he appointed a Law to obſerve. And let me tell you (if our adverſaries have any ſuch131 deſigne) as there is nothing more eaſie then to impoſe Religion on a People deprived of their Liberties, ſo there is nothing more hard then to doe the ſame upon Freemen. And therefore (Maſter Speaker) I conclude with this motion, that an order may bee preſently made, that the firſt thing this Houſe will conſider of, ſhall be the reſtoring this Nation in generall to the fundamentall and vitall Liberties, the propriety of our goods, and freedome of our Perſons: and that then wee will forthwith conſider of the ſupply deſired; and thus wee ſhall diſcharge the truſt repoſed in us by thoſe that ſent us hither, his Majeſty will ſee that wee make more then ordinary haſte to ſatisfie his demands, and wee ſhall let all thoſe know that ſeeke to haſten the matter of ſupply, that they will ſo far delay it, as they give interruption to the former.
THe Knights, Citizens and Burgeſſes of the Houſe of Commons, having taken into their ſerious conſideration the preſent eſtate and condition of this Kingdome, they find it ſurrounded with variety of pernitious and deſtructive deſignes, practices, and plots againſt the well-being of it, nay, the very being of it, and ſome of theſe deſignes hatched within our owne bowels, and, viper-like, working our deſtruction.
They finde Jeſuites and Prieſts conſpiring with ill Miniſters of State to deſtroy our Religion: they find ill Miniſters conjoyned together to ſubvert our Lawes and Liberties.
They find obſtructions of Juſtice, which is the life bloud of every State, and (having a free paſſage from the Soveraigne Power, where it is primarily233 ſeated, as the life bloud in the heart, and thence derived through the ſeverall Judicatories, as through ſo many veines, into all the parts of this great collective Body) doth give warmth and motion to every part and member, which is nouriſhed and enlivened by it: but being once precluded, ſtopped, and ſeared up, as the particular muſt of neceſſity faint and languiſh, ſo muſt the whole frame of Government bee diſſolved: and conſequently Soveraignty it ſelfe, which as the heart in the body, is Primum vivens, & ultimum moriens, muſt dye and periſh in the generall diſſolution, and all things returne, as in the beginning, in antiquum Chaos.
They find the propriety of the ſubject invaded and violated, his eſtate rent from him by illegall Taxations, Impoſitions, Monopolies and Projects (almoſt upon every thing which is for the uſe of man) not onely upon ſuperfluities, but neceſſaries; and this to enrich the vermine and caterpillers of the Land, and to impoveriſh the good ſubjects, to take the meate from the children, and give it to dogges.
My Lords, If we find theſe things ſo, wee muſt conceive, they muſt bee ill counſels which have brought us into this condition: Theſe counſels have put all into a combuſtion, have diſcouraged the hearts of all true Engliſh men, and have brought two Armies into our bowels, which (as the Vulture upon Prometheus) eate through our ſides, and gnaw our very hearts.
234Hinc dolor: ſed unde medicina?
Heretofore Parliaments were the Catholicon, the Balme of Gilead which healed our wounds, reſtored our Spirits, and made up all the breaches of the Land; But of late yeeres they have beene like the Fig-tree in the Goſpel, without efficacy, without fruit, onely deſtructive to the particular members, who diſcharge their duties and conſciences, no way beneficiall to the Common-wealth; Nobis exitiabile, nec Reipub. profuturum, as he ſaid in Tacitus; commonly taken away, as Elias was, with a whirle-winde, never coming to any maturity, or to their naturall end; whereas they ſhould bee like that bleſſed old man, who dyeth (plenus dierum) in a full age, after hee hath fought a good fight, and overcome all his enemies; as the ſhock of wheat which cometh in in due ſeaſon, to fill our Granaries with Corne, uphold our lives with the ſtaffe of bread.
For, Parliaments are our panis quotidianus, our true bread; all other wayes are but Quelques choſes, which yeeld no true nouriſſhment, breede no good bloud.
This very Parliament which hath ſate ſo long, hath all this while but beaten the ayre, and ſtriven againſt the ſtreame; for I may truely ſay, winde and tide have ſtill been againſt us.
The ſame ill counſels which firſt raiſed the ſtorme, which almoſt ſhipwrackt the Common-wealth, do ſtill continue; they blow ſtrong like the Eaſt-wind that brought the Locuſts over the land.
235Theſe counſels croſſe our deſignes, eaſt difficulties in our way, hinder our proceedings, and make all that we doe to be fruitleſſe and ineffectuall; they make us to bee not maſters of our buſineſſe, and ſo not maſters of money, which hath been the great buſineſſe of this Parliament, that we might pay the Armies according to our promiſes and engagements.
For, (My Lords) our not effecting of the good things which wee had undertaken for the good of the Church and Common-wealth, hath wounded our reputation, and taken off from our credit.
Is it not time then (my Lords) that wee ſhould unite and concentrate our ſelves in regard of this Antiperiſtaſis and circumvallation of hurtfull and malitious intentions and practices againſt us? (My Lords) it is moſt agreeable to nature, and I am ſure, moſt agreeable to reaſon, in reſpect of the preſent conjuncture of our affaires: for one maine engine by which our enemies work our miſchiefe, is by infuſing an opinion and belief into the world, that wee are not united amongſt our ſelves; but that, like Sampſons Foxes, we draw ſeverall waies, and tend to ſeverall ends.
To defeate then the counſels of thoſe Achitophels, which would involve us, our Religion, our King, our Lawes, our Liberties, all that can bee neere and deare unto an honeſt ſoule, in one univerſall and generall deſolation; to defeate (I ſay) the counſels of ſuch Achitophels, the Knights, Citizens, and Burgeſſes of the Houſe of Commons236 (knowing themſelves to bee ſpecially intruſted with the preſervation of the whole, and in their conſciences perſwaded that the dangers are ſo imminent that they will admit of no delay) have thought fit to declare their united affections, by entring into an Aſſociation amongſt themſelves, and by making a ſolemne Proteſtation and Vow unto their God, that they will unanimouſly endevour to oppoſe and prevent the counſels, and the Counſellors which have brought upon us all theſe miſeries, and feares of greater; to prevent the ends, and bring the Authors of them to condign puniſhment, and thereby diſcharge themſelves both before God and man.
The Proteſtation your Lordſhips ſhall have read unto you, together with the grounds and reaſons which have induced the Houſe of Commons to make it, which are prefixed before it by way of Preamble.
WEe the Knights, Citizens, and Burgeſſes of the Commons houſe in Parliament, finding, to the great griefe of our hearts, that the deſignes of the Prieſts and Jeſuites, and other Adherents to the See of Rome, have of late beene more boldly and frequently put in practice then formerly, to the undermining and danger of the ruine of the true reformed Proteſtant Religion in His237 Majeſties Dominions eſtabliſhed: And finding alſo that there have beene, and having juſt cauſe to ſuſpect that there ſtill are, even during this ſitting in Parliament, indeavours to ſubvert the fundamentall Lawes of England and Ireland, and to introduce the exerciſe of an Arbitrary and Tyrannicall Government, by moſt pernicious and wicked Counſels, Practices, Plots, and Conſpiraces: And that the long intermiſſion, and unhappy breach of Parliaments hath occaſioned many illegall Taxations, whereupon the Subject hath been proſecuted and grieved: And that divers Innovations and Superſtitions have beene brought into the Church, multitudes driven out of His Majeſties Dominions, Jealouſies raiſed and fomented betwixt the King and His people, a Popiſh Army levied in Ireland, and two Armies brought into the bowels of this Kingdome, to the hazzard of His Majeſties Royall Perſon, the conſumption of the Revenues of the Crowne, and Treaſure of this Kingdome: And laſtly, finding great cauſe of Jealouſie, that indeavours have been, and are uſed to bring the Engliſh Army into a miſunderſtanding of this Parliament, thereby to incline that Army, with force to bring to paſſe thoſe wicked Counſels, Have therefore thought good to joyne our ſelves in a Declaration of our united affections and reſolutions.
238NOte, That becauſe ſome doubts were raiſed by ſeverall perſons out of the Commons Houſe, concerning the meaning of theſe words contained in the Proteſtation lately made by the Members of that Houſe, viz. The true Reformed Proteſtant Religion, expreſſed in the Doctrine of the Church of England againſt all Popery and Popiſh Innovations within this Realme, contrary to the ſame Doctrine; The Houſe of Commons did declare, That by thoſe words, was and is meant only the publick Doctrine profeſſed in the ſaid Church, ſo farre as it is oppoſite to Popery and Popiſh Innovations; And that the ſaid words are not to be extended to the maintaining of any forme of Worſhip, Diſcipline, or Government, nor of any Rites or Ceremonies of the Church of England.
MY Lords, The Houſe of Commons have commanded me to preſent unto your Lordſhips this Proteſtation: Every member in that Houſe hath made it, not one refuſing it; and they have ſent it unto your Lordſhips, with an aſſurance of your Lordſhips concurrence in the ſame zeale and affection for the publick ſafety. And it is their deſire your Lordſhips would likewiſe make the ſame Proteſtation, which I humbly leave to your Lordſhips wiſdomes.
IT is thought fit that the Proteſtation which the Parliament late y made be taken by the Citie of London, in the ſeverall Pariſh Churches, in the afternoon of ſome Lords day, after Sermon, before the Congregation bee diſſolved, by all Maſters of Families, their ſons, and men-ſervants, in manner and forme following, viz.
Firſt, That forthwith notice of this intention bee given to the Miniſter, Church-wardens, and ſome other mee perſons of each Pariſh in London, Liberties, and adjacent Pariſhes, and ſome of them to give notice to the reſt of the Pariſhioners.
Secondly, That the Miniſter be entreated (if he pleaſe) to acquaint his Pariſh in his Sermon, either forenoon or aftternoon, with the nature of the buſineſſe, more or leſſe, as hee ſhall think fit, for the better and more ſolemne taking of the ſaid Proteſtation; or if the Miniſter refuſe it, that ſome other bee intreated to preach that will promote the buſineſſe; or if neither of theſe may bee had, that ſome other convenient courſe bee taken by ſome well affected to the buſineſſe, to ſtay the Pariſh, and communicate the matter to them.
Thirdly, That the Miniſter or Miniſters of every240 Congregation firſt take it in his or their owne perſon, reading the ſaid Proteſtation in ſo diſtinct a voyce, that all preſent may conveniently hear it, and that all the Aſſembly preſent doe make the ſame Proteſtation diſtinctly after this manner, every man taking this Proteſtation into his hand.
IA. B. doe in the preſence of Almighty God freely and heartily promiſe, vow, and proteſt the ſame which the leading perſon took, naming the perſon.
Fourthly, That there be a Regiſter Book wherin every man taking this vow or Proteſtation ſubſcribe his name, with his owne hand or mark, and that the names bee taken of ſuch as doe refuſe the ſame.
Fifthly, That all the Pariſhioners aboveſaid, whether in Towne, or out of Towne, be earneſtly requeſted to bee preſent at their owne Pariſh Church in the afternoon of that Lords day whereon it ſhall be taken, that every man may take it in their owne place; and if any bee neceſſarily abſent, that they may bee deſired to take it the next Lords day after, or ſo ſoon as may bee with conveniency.
Sixthly, and laſtly, That all whom it doth not immediately concerne, bee earneſtly requeſted to depart.
THeſe Petitions which have beene now read, they are all Remonſtrances of the generall and univerſall grievances & diſtempers that are now in the State and Government of the Church and Commonwealth: and they are not them alone, But his Majeſties gracious Expreſſions the firſt day of Parliament, that calls me up to ſpeak at this preſent, contrary to my owne Intentions.
Mr. Speaker, his Majeſtie, who is the head of the body politique, and the Father of the Common-wealth, hath complained firſt, declaring his ſenſibleneſſe of our ſufferings, and amongſt other things, hath put us in mind of our grievances, and hath freely left it to our ſelves (for our redreſſe and repaire therein) to begin and end, as we ſhall think fit. And this drawes mee on with much cheerefulneſſe and zeale to contribute my poore endeavours to ſo great a work.
And Mr. Speaker, I conceive it will not be altogether impertinent for your direction and guidance in that great place, which by the favour of his Majeſtie, and this Houſe you now poſſeſſe, a little to recollect our ſelves in the remembrance of what was done the laſt Parliament, and where we ended.
It will likewiſe be very conſiderable what hath bin done ſince that Parliament, and who they are that have beene the Authors and Cauſers of all our miſeries and diſtractions, both before and ſithence.
Mr. Speaker, the laſt Parliament, as ſoone as the Houſe was ſetled, a Subſidiarie ayd and ſupply was propounded, and206 many Arguments uſed to give the precedencie before all other matters and Conſiderations whatſoever.
On the other ſide, a multitude of Complaints and Grievances of all ſorts, aſwell concerning our Eternall as our Temporall eſtates were preſented and put in the other ballance: The wiſedome of that great Councell waighing both indifferently, and looking not onely upon the dangers then 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, unleſſe their grievances were firſt red reſſed and removed.
For Mr. Speaker, it then was, and ſtill is, moſt manifeſt and apparent, that by ſome judgements lately obtained in Court of Juſtice, and by ſome new wayes of Government lately ſt rted up amongſt us; the Law of property is ſo much ſhaken, that no man can ſay he is Maſter of any thing: But all that we have, wee hold as Tenants by courteſie, and at will, and may be ſtripped of it at pleaſure.
Yet Mr. Speaker, deſirous to give his Majeſtie all poſſible ſatisfaction and contentment, as well in the manner of ſupply for expedition, as in the ſubſtance and matter of it, wee confined and limitted our ſelves but to three particulars onely, and to ſuch matters as properly and naturally ſhould have reference and relation to thoſe three heads.
And we began with the firſt, as the great Ark, in which the other two, Religion and property are included and preſerved.
Mr. Speaker, the violations complained of the laſt Parliament, touching our priviledges, were of two ſorts; either ſuch as had beene done in Parliament or out of Parliament.
Concerning the violations of the firſt ſort, it was reſolved207 by vote, that the Speaker refuſing to put a queſtion, being thereunto required by the Houſe,
Or to adjourne the Houſe upon any command whatſoever, without the conſent and approbation of the Houſe it ſelfe, were breaches and violations that highly impeached our priviledges.
And having paſſed the vote, I conceive it were fit wee ſhould now proceed a little further, and conſider of a way how to be repaired againſt them that have beene the violaters: For Execution does animare Legem. The putting of an old Law in Execution, you know Mr. Speaker, does oftentimes doe more good then the making of a new one.
As concerning the violations of the other ſort, done out of Parliament in Courts of Juſtice, and at the Councell board, where neither our perſons nor our proceeding ought to have beene controlled or medled withall: And as concerning matters of Religion, and the property of our goods and eſtates, there were divers things then likewiſe agreed upon by vote, whereupon a conference was deſired to have•eene with the Lords: But what interjections and rubs wee met withall by the way, and how the Lords countervoted the precedency of our grievances, and how our Speaker was taken away from amongſt us, and what an unhappy concluſion we had at the laſt, the remembrance of it were a ſubject too ſad to begin another Parliament wi hall.
Therefore Mr. Speaker, I ſhall paſſe from what was done the laſt Parliament, and come to what hath beene done ſince that Parliament ended.
M. Speaker, there are ſome worthy Gentlemen now of this Houſe that were members of the laſt Parliament, that carried themſelves in the matters and buſineſſes then and there agitated and debated, with great Wiſedome, and unexampled208 moderation. But what had they at laſt for all their paines, in attending the publique ſtrince of the Common-wealth, As ſoone as ever the Parliament was ended, their Studies and Pockets were ſearched, as if they had beene Fellons and Traytors, and they committed to ſeverall Goales, with an intention I am confident of their utter ruine and deſtruction, had they not fore-ſeene a danger approaching; For Maſter Speaker, if I be truly informed, an information was drawne, or at leaſt, directions given for the drawing of it, againſt them in the Starre-Chamber.
Maſter Speaker, there hath beene ſince the laſt Parliament a Synod, and in that Synod a new Oath hath beene made and framed, and enjoyned to be taken.
Maſter Speaker, they might as wel have made a new Law, and enjoyned the execution of that, as enjoyned and urged the taking of the other, not being eſtabliſhed by Act of Parliament, and in point of miſchiefe, the ſafety of the Common-wealth, and the freedome and liberties of the Subject are more concerned in the doing of the one, then if they had done the other.
The next exception I ſhall take to it, is to the matter contained in the Oath it ſelfe.
Maſter Speaker, they would have us at the very firſt daſh ſweare in a damnable Hereſie, that matters neceſſary to ſalvation are contained in the Diſcipline of our Church.
Whereas Maſter Speaker, it hath ever beene the tenet of our Church, that all things neceſſary to ſalvation are comprehended and contained in the Doctrine of our Church only; And that hath alwayes beene uſed as an Argument untill this very preſent, againſt Antidiſciplinarians, to ſtop their mouthes withall; And therefore that for that reaſon they might with the leſſe regret and offence, conforme and ſubmit209 themſelves to the Diſcipline of our Church.
And Maſter Speaker, for prevention in caſe the Wiſedome of the State in this great Councell, ſhould at any time think fit to alter any thing in the government of our Church, they would anticipate and fore-ſtall our judgements, by making us ſweare before-hand, that wee would never give our conſent to any alteration.
Nay Maſter Speaker, they goe a little further, for they would have us ſweare, that the government of the Church by Archbiſhops, Biſhops, Deanes, Archdeacons, &c. is Jure divino, Their words are, as of right it ought to ſtand; Whereas Maſter Speaker, wee meet not with the name of an Archbiſhop, or a Deane, or an Arch-deacon in all the new Teſtament. And whatſoever may bee ſaid of the Function of Biſhops it is one thing: But for their Juriſdiction it is meerely Humana institutione, and they muſt thank the King for it.
As for their groſſe, abſurd, &c. wherein they would have men ſweare they know neither what, nor how many fathome deepe: There is neither Divinity nor charity in it, and yet they would put that upon us.
Maſter Speaker, what they meant and intended by this new Oath, and their Booke of Canons, and their Booke of Articles, which they would have our Church-wardens ſworne unto, to enquire of, and to preſent thereupon, I muſt confeſſe I know not, unleſſe they had a purpoſe therein to blow up the Proteſtant Religion, and all the faithfull profeſſors of it, and to advance their Hierarchie a ſtep higher, which I ſuppoſe we all feare is high enough already.
Maſter Speaker, they have likewiſe in this Synod granted a benevolence, but the nature of the things agrees not with the name, for in plaine Engliſh it is ſix Subſidies to be paid210 by the Clergie in ſix yeares: And the penalty they have impoſed upon the refuſers, for none-payment, is to be deprived of their Functions, to be ſtripped of their free-hold, and to be excommunicated, and this Act of their Synod is not publiſhed amongſt their Canons, for which they might have ſome colourable ſeeming authority: But it comes out, in a Booke alone by it ſelfe in the Latine tongue, ſuppoſing as I conceiue that Lay-men are as ignorant as they would have them; And thus they think they dance in a Net.
And as in this, ſo in moſt of their new Canons if they bee throughly conſidered, any judicious man may eaſily diſcerne and perceive, that they doe therein like Water-men that looke one way and rowe another, they pretend one thing, but intend nothing leſſe; And certainly Mr. Speaker in this they have flowne a high pitch; For a Synod called together upon pretence of reconciling and ſetling Controverſies and matters in Religion, to take upon them the boldneſſe thus out of Parliament, to grant Subſidies, and to meddle with mens Free-holds, I dare ſay the like was never heard of before, and they that durſt doe this, will doe worſe if the current of their raging Tyrannie be not ſtopped in time.
Who are they (Maſter Speaker) that have countenanced and cheriſhed Popery and Armianiſme to that growth and height it is now come to, in this Kingdome?
Who are they (Maſter Speaker) that have given encouragement to thoſe that have boldly preached thoſe damnable Hereſies in our Pulpits?
Who are they (Maſter Speaker) that have given authoritry, and licence to them that have publiſhed thoſe Hereſies in Print?
Who are they (Maſter Speaker) that of late dayes have211 beene advanced to any dignity or preferment in the Church, but ſuch as have beene notoriouſly ſuſpitious in their Diſciplines, corrupt in their Doctrines, and for the moſt part, vitious in their lives?
And who are they (Maſter Speaker) that have overthrown our two great Charters, Magna Charta, and Charta de Forreſta?
What impoſition hath beene laid downe, or what Monopoly hath beene damned in any Court of Juſtice ſince the laſt Parliament?
Hath not ſhip-money, Coale and conduct money, and money for other Military charges, beene collected and leavied, with as great violence as ever they were, in violation of our liberties, confirmed unto us in our Petition of Right; notwithſtanding all our ſupplications and complaints the laſt Parliament?
And who are they Maſter Speaker, that have cauſed all thoſe dangerous Convulſions, and all the deſperate unnaturall bloudy diſtempers, that are now in our body politique?
Maſter Speaker, I will tell you a paſſage, I heard from a Judge in the Kings-Bench. There was a poore man committed by the Lords, for refuſing to ſubmit unto a project, and having attended a long time at the Kings-Bench Barre, upon his Habeas Corpus, and at laſt preſſing very earneſtly to be bayled, The Judge ſaid to the reſt of his brethren, Come Brothers (ſaid he) let us Baile him, for they begin to ſay in the Towne, that the Judges have overthrowne the Law, and the Biſhops the Goſpell.
Maſter Speaker, I would not be miſunderſtood in what I have ſaid; for there are ſome of both functions and profeſſions, that I highly honour and reverence in my heart, for their wiſedomes and integrities. But Maſter Speaker, I may212 ſay it; for I am ſure we have all felt it, that there are ſome of both functions and profeſſions, that have beene the Authors and cauſers of all the Miſeries, Ruines, and Calamities that are now upon us.
Maſter Speaker, This is the Age; This is the Age (Maſter Speaker) that hath produced and brought forth Achitophells, Hammans, Woolſies, Empſons, and Dudlies, Tricilians, and Belknapps, Vipers and Monſters of all ſorts. And I doubt not, but when his Majeſtie ſhall be truly enformed of ſuch matters, as we are able to charge them withall, wee ſhall have the ſame Juſtice againſt theſe, which heretofore hath beene againſt their Predeceſſors, in whoſe wicked ſteps they have trodden.
And therefore Maſter Speaker, to put our ſelves into a way for our redreſſe and reliefe, I conceive it were fit that a Committee might be named to take theſe Petitions, that have now beene read, and all others of the like nature, into their conſiderations, to the end, that the parties grieved, may have juſt repaire for their grievances; and that out of them, Lawes may be contrived, and framed for the preventing of the like miſchiefs, for the future.
WE are now upon the point of giving (as much as in us lies) the finall Sentence unto death or life, on a great Miniſter of State and Peere of this Kingdome, Thomas Earle of Strafford; a name of hatred in the preſent age by his Practices, and fit to be made a terror to future Ages by his puniſhment.
I have had the honour to bee imployed by the Houſe in this great buſineſſe, from the firſt houres that it was taken into conſideration: it was a matter of great truſt, (and I will ſay with confidence) that I have ſerved the Houſe in it with induſtry, according to my ability, but with moſt exact faithfulneſſe and ſecrecie.
And as I have hitherto diſcharged my duty to this Houſe214 and to my Country, in the progreſſe of this great Cauſe; ſo I truſt I ſhall doe now in the laſt period of it, to God and to a good conſcience.
I doe wiſh the peace of that unto my ſelfe, and the bleſſings of Almighty God to mee and my poſterity, according as my judgement on the life of this man ſhall be conſonant with my heart, and the beſt of my underſtanding, in all integrity.
I know well Maſter Speaker, that by ſome things I have ſaid of late, whileſt this Bill was in agitation, I have raiſed ſome prejudices upon me in the cauſe.
Yea ſome (I thank them for their plaine dealing) have beene ſo free as to tell me, that I ſuffered much by the backwardneſſe I have ſhewne in this Bill of Attainder of the Earle of Strafford, againſt whom I had beene formerly ſo keene, ſo active.
Mr. Speaker, I beg of you and the reſt but a ſuſpenſion of judgement concerning me, till I have opened my heart unto you freely and clearly in this buſineſſe.
Truely Sir, I am ſtill the ſame in my opinions and affections, as unto the Earle of Srafford, I confidently beleeve him the moſt dangerous Miniſter, the moſt inſupportable to free Subjects, that can be character'd.
I beleeve his practiſes in themſelves as high, as tyrannicall, as any Subject ever ventured on, and the malignity of them hugely aggravated by thoſe rare abilities of his, whereof God hath given him the uſe, but the Devill the application. In a word, I beleeve him ſtil that grand Apoſtate to the Common-wealth, who muſt not expect to be pardoned it in this world, till hee be diſpatch'd to the other. And yet let mee tell you Maſter Speaker, my hand muſt not be to that diſpatch. 215I proteſt, as my Conſcience ſtands enformed, I had rather it were off.
Let me unfold unto you the Mysterie, Maſter Speaker.
I will not dwell much upon juſtifying unto you my ſeeming variance at this time from what I was formerly, by putting you in mind of the difference betweene Proſecutors and Judges,
How misbecomming that fervour would be in a Judge, which perhaps was commendable in a Proſecutor. Judges we are now, and muſt put on another Perſonage.
It is honeſt and noble to be earneſt in order to the diſcovery of Truth, but when that hath beene brought as farre as it can to light, our judgement thereupon ought to be calme and cautious.
In proſecution upon probable grounds, we are accountable onely for our induſtry or remiſneſſe, but in judgement, we are deeply reſponſable to God Almighty, for its rectitude or obliquity. In caſes of life, the Judge is Gods Steward of the parties bloud, and muſt give a ſtrict account for every drop.
But as I told you Maſter Speaker, I will not inſiſt long upon this ground of difference in mee now, from what I was formerly.
The truth on't is, Sir the ſame ground whereupon I (with the reſt of the five, to whom you firſt committed the conſideration of my Lord of Strafford) brought downe our opinion, that it was fit he ſhould be accuſed of Treaſon, upon the ſame ground I was engaged with earneſtneſſe in his proſecution, and had the ſame ground remained in that force of beliefe with me, which till very lately it did, I ſhould not have beene tender in his condemnation. But truly Sir, to deale216 plainly with you, that ground of our accuſation, that ſpurre to our proſecution, and that which ſhould be the baſis of my judgement, of the Earle of Strafford, as unto Treaſon, is to my underſtanding quite vaniſht away.
This it was, Maſter Speaker.
His adviſing the King to employ the Army of Ireland, to reduce England.
This I was aſſured would be proved, before I gave my conſent to his accuſation. I was confirmed in the ſame beliefe, during the proſecution, and fortified in it moſt of all ſince Sir Henry Vaines preparatory examinations, by the aſſurances which that worthy member Mr. Pymme gave me, that his Teſtimony would be made convincing by ſome notes of what paſſed at the Junto concurrent with it, which I ever underſtanding to be of ſome other Counſellour, you ſee now prove but a Copie of the ſame Secretaries notes, diſcover'd and produc't in the manner you have heard, and thoſe, Such diſioynted fragments of the venemous part of diſcourſes, no reſults, no concluſions of Counſels, which are the onely things that Secretaries ſhould regiſter, there being no uſe at all of the other, but to accuſe and to bring men into danger.
But Sir, this is not that which overthrowes the evidence with mee, concerning the Army of Ireland; nor yet that all the reſt of the Iunto upon their oathes remember nothing of it.
But this Sir, which I ſhall tell you, is that which works with mee under favour, to an utter overthrow of his evidence, as unto that of the Army of Ireland: Before, whil'ſt I was a proſecutor, and under tye of Secrecie, I might not diſcover any weakeneſſe of the cauſe, which now as a Judge I muſt. Maſter Secretary was examined thrice upon Oath, at the preparatory Committee.
217The firſt time he was queſtioned to all the Interrogatories, and to that part of the ſeventh which concernes the Army of Ireland, he ſaid poſitively in theſe words, I cannot charge him with that. But for the reſt, he deſires time to recollect himſelfe, which was granted him.
Some dayes after, he was examined a ſecond time, and then depoſes theſe words concerning the Kings being abſolved from rules of government, and ſo forth very clearely. But being preſt to that part, concerning the Iriſh Army, againe can ſay nothing to that.
Here wee thought wee had done with him, till divers weeks after, my Lord of Northumberland and all others of the Junto, denying to have heard any thing concerning thoſe words of reducing England by the Iriſh Army, it was thought fit to examine the Secretary once more, and then he depoſes theſe words to have beene ſaid by the Earle of Strafford to his Majeſtie: You have an Army in Ireland, which you may imploy here to reduce, (or ſome word to that ſence) this Kingdome.
Mr. Speaker, theſe are the circumſtances which I confeſſe with my Conſcience, thruſt quite out of dores that grand Article of our charge, concerning his deſperate advice to the King, of employing the Iriſh Army here.
Let not this, I beſeech you, be driven to an aſperſion upon Maſter Secretary, as if he ſhould have ſworn otherwiſe then he knew or beleeved, hee is too worthy to doe that; onely let thus much be inferr'd from it, that hee who twice upon Oath with time of recollection, could not remember any thing of ſuch a buſineſſe, might well a third time miſremember ſomewhat: and in this buſineſſe the difference of one Letter, here for there, or that for this, quite alters the caſe, the latter alſo being the more probable, ſince it is confeſt of all hands, that the debate then was concerning a warre with218 Scotland, and you may remember that at the Bar he once ſaid to employ there. And thus Mr. Speaker, I have faithfully given you an account what it is that hath blunted the edge of the Hatchet or Bill with me towards my Lord of Strafford.
This was that whereupon I accuſed him with a free heart, proſecuted him with earneſtneſſe, and had it to my underſtanding beene proved, ſhould have condemned him with innocence. Whereas now I cannot ſatisfie my conſcience to doe it.
I profeſſe I can have no notion of any bodies intent to ſubvert the Lawes treaſonably, or by force; and this deſigne of force not appearing, all his other wicked practiſes cannot amount ſo high with me.
I can finde a more eaſie and more naturall ſpring, from whence to derive all his other Crimes, then from an intent to bring in Tyrannie, and to make his owne poſterity as well as us, Slaves, as from revenge, from Pride, from Avarice, from Paſſion, and inſolence of Nature.
But had this of the Iriſh Army been proved, it would have diffuſed a complexion of Treaſon, over all, it would have beene a With indeed, to bind all thoſe other ſcattered and leſſer branches, as it were into a Faggot of Treaſon.
I doe not ſay but the reſt may repreſent him a man as worthy to dye, and perhaps worthier then many a Traytor. I doe not ſay, but they may juſtly direct us to Enact that they ſhall be Treaſon for the future.
But God keepe mee from giving judgement of death on any Man, and of ruine to his innocent Poſterity, upon a Law made â poſteriori.
Let the mark be ſet on the dore where the Plague is, and then let him that will enter dye.
219I know Maſter Speaker, there is in Parliament a double power of life and death by Bill, a judiciall power, and a Legiſlative: the meaſure of the one, is what's Legally juſt, of the other, what is prudentially and politickly fit for the good and preſervation of the whole. But thoſe two, under favour, are not to be confounded in Judgement. Wee muſt not peece up want of Legality with matter of convenience, nor the defailance of prudentiall fitneſſe, with a pretence of legall Juſtice.
To condemne my Lord of Strafford judicially as for Treaſon, my conſcience is not aſſured that the matter will bear it.
And to doe it by the Legiſlative power, my reaſon conſultively cannot agree to that, ſince I am perſwaded, neither the Lords nor the King will paſſe the Bill, and conſequently that our paſſing it will be a cauſe of great diviſions and combuſtions in the State.
And therefore my humble advice is, that laying aſide this Bill of Attainder, we may think of another, ſaving only life, ſuch as may ſecure the State from my Lord of Strafford, without endangering it, as much by diviſion concerning his puniſhment, as he hath endangered it by his practices.
If this may not be hearkned unto, let me conclude in ſaying that unto you all, which I have throughly inculcated to mine owne conſcience upon this occaſion. Let every man lay his hand upon his heart, and ſadly conſider what we are going to doe, with a breath, either juſtice or murther; justice on the one ſide, or murther heightned and aggravated to its ſupreameſt extent. For as the Caſuiſts ſay, that he who lyes with his ſiſter commits inceſt, but he that marries his ſiſter ſinnes higher, by applying Gods Ordinance to his crime: So doubtleſſe he that commits murther with the ſword of Juſtice, heightens that crime to the utmoſt.
The danger being ſo great, and the caſe ſo doubtfull, that I ſee the beſt Lawyers in diametrall oppoſition concerning it,220 Let every man wipe his heart, as he does his eyes, when hee would judge of a nice and ſubtile 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 cleare of all paſſions, (I know this great and wiſe body politick can have none, but I ſpeak to inviduals from the weakneſſe which I finde in my ſelfe.) Away with perſonall animoſities, away with all flatteries to the people, in being the ſharper againſt him, becauſe he is odious to them; away with all feares, leſt by the ſparing his bloud they may be incenſt; 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 feare 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 doe before God diſcharge my ſelf to the uttermoſt of my power,
And doe with a cleare Conſcience waſh my hands of this mans blood, by this ſolemne proteſtation, that my Vote goes not to the taking of the Earle of Straffords life.
RIght Honourable, and the reſt, you are now come to convey me to my death, I am willing to dye, 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 avoyded, it ought the leſſe to be feared; for that which is common to all, ought not to be intollerable to any: It is the Law of Nature, the tribute of the fleſh, a remedie from all worldly cares and troubles; and to the truly penitent, a perfect path to bleſſedneſſe. And there is but one death, though ſeverall wayes unto it: mine is not naturall, but inforced by the Law and Iuſtice: it hath been ſayd that the Lawes 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 my ſelf, and confeſſe that I receive nothing but Iuſtice: for he that politikly intendeth good to a Common-weale, 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 confeſſe 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 Peeres, much leſſe in his own wiſedome and knowledge, of which I ingeniouſly confeſſe 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 kingdome, Had I ſtrived to obey my God as faithfully, as I ſought to honour my King fraudulently, I had ſtood, and not fallen. Moſt happie and fortunate is that Prince, who is as much for his juſtice feared, as for his goodnes beloved: For the greater that Princes are in power above other, the more they ought in verrue to excell other; and ſuch is the royall Soveraign whom I late ſerved.
For my Peeres, the correſpondence that I had with them during my proſperity, was to me very delightfull and pleaſing, and here they have commiſerated my ruine, 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 loyaltie, the laſt in their charitie: ingenuouſly confeſſing, that never any Subject, or Peere of my rank, had ever that help of Counſell, that benefit of time, or a more free and legall tryall than I have had: of the like to which, none of my Predeceſſors hath had ſo much favor 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 wiſdome and knowledge, therein have been the moſt deceived: For he that is wiſe to himſelf, and knowes by others faults to correct his own offences, to be truly wiſe is to be Secretaries to our ſelves; for it is meere folly to reveale and intimate thoughts to ſtrangers: wiſdome is the moſt precious Gem with which the minde can be adorned, and learning the moſt famous thing for which a man ought to be eſteemed, and true wiſedome teacheth us to do well, as to ſpeak well: in the firſt I have failed, for the wiſedome of man in fooliſhneſſe with God.
For knowledge, it is a thing indifferent both to good and evill, 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 wilfull in his own wayes, 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 then 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; Vanitie 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 mercie avert it.) And ſince it is my particular lot, lik Jonab, to be caſt into the ſea, I ſhall think my life well ſpent, to appeaſe Gods wrath, and ſatisfie the peoples malice.
O what is eloquence more than air? faſhioned with an articulate and diſtinct ſound, when it is a ſpeciall vertue to ſpeak little and well, and ſilence is oft the beſt oratory; for ſools in their dumbneſſe 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 Cypreſſe trees, which are great and tall, but altogether without fruit.
What is honour, but the firſt ſtep to diſquietneſſe? and power is ſtill waited on by envy, neither hath it any priviledge againſt infamy. It is held to be the chiefe part of honour, for a man to joyn to his office and calling, courteſie and affability, commiſeration and pity: for thereby he draweth to him with a kinde of compulſion, the hearts of the multitude. But that was the leaſt part of my ſtudy, which now makes me call to minde, 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 capitall, the ſmalleſt ſpot ſeems great in the fineſt linnen, and the leaſt flaw is ſooneſt 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 finde none in my death.
Amongſt other things which pollute and contaminate the mindes of great ſpirits, there is none more haynous than Ambition, which is ſeldome unaccompanied without A varice: Such, to poſſeſſe their ends, care not to violate the Laws of Religion and Reaſon, and to break the bonds of modeſty and equity, which the neereſt tyes of Conſanguinity and Amity; of which as I have been guilty, ſo I crave at Gods hands forgiveneſſe. It is a Maxime 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 Ruine.
My Lords, I am now the hopeleſſe Preſident, may I be to you all an huppy example: For Ambition devoureth gold, and drinketh blood, and climbeth ſo high by other mens 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 meer 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 windes and tempeſts. But the good husbandman thinks better of thoſe ears of Corn, which bow down, and grow crooked, than thoſe which are ſtraight and upright, becauſe he is aſſured to finde 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 eſpeciall 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 flouriſh't, who now am forc'd immaturely to fall.
I now could wiſh (but that utinam is too late) that God with his outward goodneſſe towards me had ſo commixed his inward grace, that I had chuſed the Medium path, neither inclining to the right hand, nor deviating to the left; but like Icarus with my waxen wings, fearing by too low a flight to moiſten them with the Waves: I ſoared too high, and too neer the Sun, by which they being melted; I ayming 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 ſetled my hopes upon the Rock my Saviour: by whoſe onely merits my ſole truſt is, that whatſoever becomes of my body, yet in this boſome my ſoul may be Sanctuaried.
Nintrod would have built a Tower to reach up to heaven, and call'd 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 watry Sepulcher. 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 ruine and deſtruction, never ſuffering them to effect their deſired purpoſes: therefore let none preſume upon his power, glory in his greatneſſe, 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 unfruitfull wiſedome 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 Travell 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 meer 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 minde could not be confined within the ſpacious compaſſe of two Kingdoms? But my hour draweth on, and I conclude with the Pſalmiſt, not ayming at any one man in particular, but ſpeaking for all in generall: How long will you Judges be corrupted? how long will ye ceaſe to give true judgement? &c. Bleſſed is the man that doth not walk in the Councell 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, &c.
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 ſeverall Companies of Souldiers of the City of London, and the Hamlets of the Tower on each ſide as he paſſed to the Scaffold: before marched the Marſhals men to make way, then the Sheriffs of Londons Officers with their Halberds; after them the Kings Guard, or Warders of the Tower: Next came one of his Gentlemen, bare h•aded, in mourning Habit, the Lord Strafford following him clad in black cloth, with divers others in the ſame habit, which were his atten•••ts; then the Lord Biſhop of Armagh, and other good Divines, with the Sheriffs of London, and divers honorable perſonages.
When he came upon the Scaffold, he there ſhewed himſelf on each ſide to all the people, and made this ſhort ſpeech, with as much alacrity of Spirit as could be expreſſed. Viz.
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 eternall glory.
My Lords, if I may uſe a few words, I ſhall take it as a great curteſie 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 minde; I do freely forgive all the world, a forgiveneſſe 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 truely, my conſcience bears me witneſſe, that in all the honour I had to ſerve his Majeſty, I had not any intention in my heart, but did aime at the joynt and individuall 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 kinde, it is a common portion that befalls men in this life, righteous judgement ſhall be hereafter; here we are ſubject to errors and miſiudging one another.
One thing I deſire that I might be heard, and do hope that for Chriſtian charities ſake I ſhall be beleeved: That I was ſo farre from being againſt Parliaments, that I alwayes did think Parliaments in England to be the happy conſtitutions of the Kingdome 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 rejoyce in it, and in the mercy of his, and do beſeech God to return to him the ſame, that he may finde mercy when he hath moſt need of it. I wiſh this Kingdom all proſperity and happineſſe in the world, I did it living, and now dying it is my wiſh.
And I profeſſe heartily, 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 peoples happineſſe ſhould be written in letters of bloud. I fear they are in a wrong way: I deſire Almighty God, that no one drop of my bloud riſe up in judgement againſt them. I have but one word more, and that is for my Religion.
My Lord of Armagh, I do profeſſe my ſelf ſeriouſly, faithfully, and truly, to be an obedient ſonne of the Church of England: in that Church I was borne and bred, in that Religion I have lived, and now in that I dye, proſperity and happineſſe be ever to it.
It hath been ſaid I was inclined to Popery: if it be an obiection worth the anſwering, let me ſay truly from my heart, that ſince the time that I was 21. yeers of age, unto this day, going on 49. yeers, I never had thought or doubt of the truth of this Religion, nor had ever any the boldneſſe to ſuggeſt to me the contrary (to my beſt remembrance,) and ſo being reconciled to the mercies of Chriſt Jeſus my Saviour, into whoſe boſome I hope ſhortly to be gathered, to enioy eternall happineſſe, which ſhall never have end. I deſire heartily 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 meete to live eternally in Heaven, and receive the accompliſhment of all happineſſe, where every fear ſhall be wiped from our eyes, and ſad thought from our hearts: And ſo God bleſſe this Kingdome, and Jeſus have meroy on my ſoul.
Then turning himſelf about, he ſaluted all the Noblemen, and took a ſolemne leave of all conſiderable perſons on the Scaffold, giving them his hand:
And after that he ſaid, Gentlemen, I would ſay my prayers, and I intreat 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 praied almoſt a quarter of an houre, then 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 cals him to him, and ſaith, brother we muſt part, remember me to my ſiſter, and to my wife, and carry my bleſſing to my eld•ſt ſonne, and charge him from me, that he fear God and continue an obedient ſonne of the Church of England, and that he ſhould approve himſelf a faithfull 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 medle not with Church livings, 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 bleſſe them, not forgetting my little Infant that yet knowes neither good nor evill, and cannot ſpeak for it ſelf, God ſpeak for it and bleſſe it; then ſayd he, now I have nigh done, one ſtroke will make my wife husbandleſſe, my dear children fatherles, and my poore ſervants maſter leſſe, and ſeperate 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 himſelfe unready, he ſayd, 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 askt him forgiveneſſe, 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 blocke, he told the Executioner that he would firſt lay down his h•ad to try the fitneſſe of the block, and take it up again before he would lay it down for good and all, and ſo he did: and before he layd it dow again, he told the Executioner that he would give him warning when to ſtrike, by ſtretching forth his hands; and then laid down his neck on the block, ſtretching out his hands, the Executioner ſtruck off his head at one blow, then took the head up in his hands, and ſhewed it to all the people, and ſaid, God ſave the King.
THat the Judges may ſet forth and declare, whether the Inhabitants of this kingdome be a free people, or whether they be to be governed onely by the antient common lawes of England.
II. Whether the Judges of the Land doe take the Oath of Judges, and if ſo, whether under pretext of any Acts of State, Proclamation, Writ, Letter, or direction under the great or privie Seale, or privie Signet, or Letter, o•other commandement from the Lord Lieutenant, Lord Deputie, Juſtice, Juſtices, or other chiefe Governor, or Governors of this Kingdome they may hinder, ſtay or delay the ſuite of any ſubject, or his judgement, or execution thereupon, if ſo, in what caſes, and whether, if they doe hinder, ſtay or delay ſuch ſuite, judgement or execution, what puniſhment they incurre by the Law for their deviation and tranſgreſſion therein.
234III. Whether the Kings Majeſties privie Counſell, either together, or with the chiefe Governor or Governors of this Kingdome, without him or them be a place of Judicature, by the common Lawes, where in caſe between party and party for Debts, Treſpaſſes, Accounts, Covenants, poſſeſſions, and title of Land, or any of them, and with them may be heard, and determined, and of what civill Cauſes they have juriſdiction, and by what Law, and of what force is their order or Decree, in ſuch caſes or any of them.
IV. The like of the chiefe Governors alone.
V. Whether Grant of Monopolies be warrantable by the Law, and of what, and in what Caſes, and how, and where, and by whom, are the Tranſgeſſors againſt ſuch Grantees puniſhable, and whether by Fine and mutilation of Members, impriſonment, loſſe, and forfeiture of goods, or otherwiſe, and which of them.
VI. In what Caſes the Lord Deputie, or other chiefe Governors of this Kingdome and Counſell, may puniſh by Fine, impriſonment, Mutilation of Members, Pillory, or otherwiſe, they may ſentence any to ſuch the ſame, or the like puniſhment, for infrigeing the commands of any Proclamation, or Monopolie, and what puniſhment doe they incurre, that doevote for the ſame.
VII. Of what force is an Act of ſtate or Proclamation in this235 Kingdome to bind the liberty, goods, poſſeſſions, or inheritance of the natives thereof, whether they or any of them can alter the common Law, or the infringers of them loſe their Goods, Chattels, or Leaſes, or forfeit the ſame by infringing any ſuch Act of State or Proclamation, or both, and what puniſhment doe the ſworne Judges of the Law, that are privie Counſellors, incurre that vote for ſuch Act and execution of it.
VIII. Whether the ſubjects of this Kingdome be ſubiect to the Marſhall Law, and whether any man in time of peace, no enemy being in the fields, with diſplayed colours can be ſentenced to Death, if ſo, by whom, and in what caſes, if not, what puniſhment doe they incurre that in time of peace, execute Marſhall Law.
IX. Whether voluntary Oathes taken freely before Arbitrators, or others for affirmance, or diſaffirmance of any thing, or for the true performance of any thing, be puniſhable in the Caſtle-Chamber, or in any other Court, and why and wherefore.
X. Why, and by what Law, and upon what Rule of policie is it, that none is admitted to reducement in the Caſtle-chamber, untill he confeſſe the offence for which he is cenſured, when as Revera he might be innocent therof, though ſubordined proofes or circumſtances, might induce him to be cenſured.
XI. Whether the Judges of the Kings Bench, and by what law, doe or can deny, the copies of Indictments, of Fellony, or Tyeaſon to the parties accuſed of Treaſon, contrary to the ſtatute of 42. Edw. 3.
236XII. Whether the ſtatute of Baltinglaſe take from the Subi•cts, out-lawed for Treaſon, though erroniouſly, the benefit of his Writ of Error, and how and by what meanes, 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 betweene reſpite of homage, upon the diverſities of the true value of the Fees, when as all Eſcuage is the ſame for great and ſmall Fees, and they apportionable by Parliament.
XIIII. Whether it's cenſurable in the ſubjects of this Kingdome, to repaire into England to appeale to his Majeſty for Redreſſe of Jnjuries, or for other their accuſers, if ſo, why, and in what condition of perſons, and by what law.
XV. Whether Deanes and other Dignitanies of Cathedrall Churches, be properly de mero jure donative, by this King, or not elective or collative, if ſo, why, and by what law, and whether the confirmation of a Deane de facto of the Biſhops Grantee be good, and valid in the law, or no, if not, by what law.
XVI. Whether the iſſuing of Quo Warranto's againſt Burroughes, that antiently, and recently ſent Burgeſſes to the Parliament, to ſhew cauſe why they ſent Burgeſſes to the Parliament be legall.
IT was equall care and policy in our Predeceſſours. Firſt to lay a foundation, and then by a continued induſtry to build and perfect ſo glorious a fabrique as the houſe of Commons lawfull ſummoned by the Kings writ repreſents it ſelfe unto us at this day. In which ſo elaborate and exquiſite a ſtructure being finiſhed and crowned with thoſe fruitfull and peace-ſpeaking events, may challenge by right the title of a Jubile.
To ſo great a modell with neate and provident husbandry they intend no leſſe then ſutable furniture (which allowed pride) diſdaine to cloath it with any other, but with what by his Majeſties favour they had procured out of his owne ſtore; I meane thoſe great and large priviledges, which by ſeverall acts of royall favor have bin diſpenſed, annexed, nay hypoſtatically united, to the ſame Priviledges are the ſoule, by which we move the Sinnes and Nerves, by which we are compacted, they are them,238 by which we breath. Priviledges for their birth allyed to the Kings Prerogative, for their antiquity ſacred, for their ſtrength ſo re-intrenched by common law, fortified by ſtatutes, inſconſed by precedents of all times, that no man ever attempted their violation with impunity, ſo that now and then it may be truly ſaid, The Kings houſe is all glorious within. If we which are Heires to their lawes, as unto their lands, will ſtrive to make no addition to the rich inventurie of thoſe priviledges 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 honorable houſe, ſets before us bleſſings and curſings, and is the firſt leafe (as wee may terme it) of the houſe of commons Almanak, not made to ſerve for one, but for many yeers, and calculated to ſerve indifferently for all latitudes, in which, our carriage makes this and all ſucceeding dayes but ſervil and working daies, or otherwiſe imprints this day and our priviledges in a conſpicuous, plauſive rubrique to poſterity; whileſt the Palladium was in Troy, neither the power nor the long ſiege of the Grecians, could prevaile againſt it, whileſt Minoes purple lockes curled from their native roots, Creete was unvanquiſhed. The Morall of theſe (affictions) 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, whileſt we keepe, preſerve, and defend our liberties, our rights, our priviledges unbetrayed, unſuppreſſed, and uncontrolled: if any more allyed to the corruptions of our owne diſtempers, then challenging an intereſt in us by a legitimate birth, could involve this grave and great aſſembly, in ſuch epidemicall liturgie, as directly to ſnore, or at leſt to wink whileſt our priviledges cloathed in a purple robe of glory (like a word never to be recalled) eſcape from among us, I ſay if ungratefull, I ſhould out off the inheritance of theſe immunities entailed upon239 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 Fathers Ghoſts apparelled with indignation, ſhould appear unto us with this or the liking branding phraſe. Moſt ungratefull and unfortunate poſterity. O aetas parentum pejor Avis; better had it bin for you not to live then to out-live your owne infamie. If there had been a neceſſity, you ſhould involve your ſelves in a general-guilt, the election ought to have beene of ſuch a one as might have died with your ſelves; but this like originall ſinne, binds your poſterity to ſigh for a redemption. Did we bequeath unto you thoſe faire ornaments to be ſtolne or ſnatched from you? Oh, where, where was your vigilancy and boldneſſe to preſent ſo diſaſterous and fatall a conſequence. Did we with no better ſucceſſe of imitation by your labour, and even unto hoarſeneſſe contend in the Parliament held 39. Hen. 6. as Prophecying your weakeneſſe, leave you a record to build upon? Where we admitted and priviledged one Walter Clarke a Burgeſſe of Chepengham, though at that time in execution ad ſ•ct. Reg. Did we for this purpoſe recommend unto you Ferrars caſe and our proceecings againſt the diſturbers of his right? Did we for this purpoſe recommend unto you Belgraves caſe 43. of the Queene. Who notwithſtanding be procured his election in Wincheſter by colluſion, yet Maugre the great oppoſition raiſed by the Earle of Huntington upon the ſight of the Sheriffes returne (a ſufficient amerment to ſatisfie us) we admitted and c•nfirm•d him in the protection of our houſe, did we for this purpoſe exemplifie 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 priviledge.) They are twins of one birth, wee ingraft them as a twig to bee writh'd by our common roote, and quickly lopt off that ſo perilous authority which would prunne our branches. Nay Mr. Speaker, our fellowes labouring Parliament in240 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 Lincolne, and the houſe of Commons with like imitation and like ſucceſſe having performed the ſame in Sir John Elliot and innumerable others. But now I will endeavour to allay the diſtempered ſpirits of our Fathers, whileſt with more patience and duty we attend the modeſt corrections of our indulgent King. And ſo exeunt Patres, and Intr. H. 8. in his owne perſon commending the reſolution and zeale of the houſe of Commons in preſerving the luſtre of their owne Priviledges from being Eclipſed, aledging himſelfe to be intereſſed in them, ſince that he and they, knit together, compleated one body, who in this our deſerved calamities, would not rather imitate us by ſcofs, then qualifie our untimely repentance by abſence of our owne murdering wrongs. What may not E. 4. exprobrate unto us, who in the 3. yeare of his raigne, records his regall pleaſure to poſterity? That all Acts, Suites, judgements, cenſures & qui dicit omne excludit nullum, awarded againſt any Member of Parliament, ſhould be utterly void and fruſtrate, crowning the Act with an Emphaticall epiphonema, and this act to endure for ever. And ſurely common reaſon is pregnant in the juſtification thereof. That where the publique ſervice and good is primarily intended, a ſuperſedias muſt iſſue to private reſpects, ſince they cannot ſtand in competition, and inhabit our ſ•heare. If their judgements are not yet calmed and ſetled, behold his Majeſty, that now is, cloathed in his royall Robes, and thus ſpeaking unto you from underneath his ſtate. Gentlemen, why ſtagger you thus, that are your ſelves the pillars of the commonweale, you are not upon breaking the Ice, nor bound upon the diſcovery of the unknowne world, each leafe reports your precedents that are like Maps that ſecure and expedite your fortunate Navigation. From me you can241 expect no more ſatisfaction, then what I have declared in the third yeer of my Raign, in anſwer to the Petition of Right in Parliament, that I am intereſted in the maintaining of the Priviledges of this Houſe, being a main Pillar of the liberty of my Subject, the goods of one_____being ſeiſed in my name, and for my uſe, for denying Tonnage and pondage, they reaſſumed, he being at the time of that ſeiſure a Member of the Houſe, and whether I diſtaſted, ſure I am, I had no redreſſe. As for the tender care of my intereſt in the fine of 10000l. and that you admitted my Atturney generall to a favourable hearing in my behalf, though againſt your ſelves (a Parliamentary cuſtome 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 5000l. dammages to the party (a ſumme equall) 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 proverbe 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 Sphear. Enter into a diſcuſſe of thoſe objections, that impugne Mr Fitz-Gerralds election, admittance and priviledge of this Houſe;
The firſt that uſhers in the train, is a ſentence cloathed in ſable, ſtanding on tip-toe, and with a ruſty dagger thruſting at a ſtarre, I mean a ſentence ſpeaking errour, a ſentence viſitng the third and fourth generation, a ſentence ſtriving to leap over the bounds of Magna242 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 nullifie this ſentence, which if he appear a perſon capable of his priviledge, more ſua vivit, and then neither it, nor any thing derivatory, or collaterall to it, may be admitted againſt him by the rules of common, civill, or common Law, it being a maxime 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 my ſelf 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, &c. 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 adde for all, which Trewman, 38. Hen. 8. who was in execution upon a writ of exigent after a Capias adſatis faciend. at the Kings ſuit, and yet priviledged, beſides this is not at the Kings 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 duely elected and truely returned, is a member of this houſe, ſo was he. Ergo, &c. 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 equall 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 ſay243 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 Burgeſſe, & 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 it ſelf, 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 Burrough, & not as Comitatus tui, is, which were then of every Burrough, and certainly the Law provided this with great reaſon, as not doubting every Shire could afford two Knights, reſident, yet jealous, whether every Burrough 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 it ſelf, 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 Burgeſſe to be reſident and have a certain Fee-ſimple in every burrough and County, out of which they are elected; Here they ſuppoſe our Priviledge will cry quarter as ready to be murthered 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 cuſtome applauded by fortunate experience, hath in all Parliaments ever prevailed; a houſe of Commons would rather preſent Babell in it's confuſion, if the Tincker would ſpeak his Dialect, the Cobler his, and the Butcher conclude a greaſie Epilogue, then the writ were well purſued, theſe were Idonei homines to take and give counſell de rebus arduis;244 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 Common-wealth, and therefore this Statute makes the election not obſerved ut ſupra, onely penall, ſo that there is nothing offered in objection, either from the writ or Statute to avoid this election. Now I have placed him and dayly elected him, and then his priviledge grows by conſequence, yet we have other objections minoris magnitudinis, and to repeat them is to confute them; Firſt, ſay they, every Libeller is de jure, excommunicated; I anſwer, every Libeller muſt be Scriptis, Pictis, or Cantilenis, our member is guilty of none of them, no, he is not tearmed, ſo neither in the cenſure, nor in any preſent proceeding. Another flouriſh is, that he pleaded not his priviledge in the Caſtle-Chamber, in which very objection, they confeſſe him priviledged, 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 Starre-Chamber Martyr, than to ſubmit our Priviledge to an extrajudiciall debate. It was in our honour he did this, and for his eternall applauſe: ſome body ſayes the Caſtle-Chamber will think it ſelf 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 dayes 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,245 and needs not to melt the Kings picture in his pocket. Others alleadge, 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 it ſelf and per•ſe, for the advancing of the publike ſervice, as well to prove a ſentence not then in rerum natura, both Law and charity in a benigne conſtruction of theſe two ends will allow the more favourable. Another objection is whiſpered, that the entrance is not found in the Clerk of the Parliaments Role; This is no matter to the validity of his election, for his priviledge commenced 40 dayes before the Parliament, therefore this and the like are to be judged of as accidentia quae poſſunt abeſſe & adeſſe ſine ſubjecti interitu. Truely (Mr. Speaker) my memory and lungs begin to prove Traytors to me; Another objection, if omitted, may be judged by theſe of what ſtrength and maturity they, even as by the coynage of a penny, one may iudge of a ſhilling; What hinders then, ſince here is wa•er, but that he may be baptized? Here are no non obſtant's to be admitted in his new Pattent of Denization, the common law, the Statute law, the Canon, the Civill law plead for his admittance, the writ of election, the exemplification of the Sheriffs return, all preſidents of all ages, all reports plead for his admittance, our fore-fathers Ghoſts, the preſent practice of Parliaments in England plead for his admittance, the Kings ſucceſſive commands, command and confirm his admittance; Away then Serieant, and with the hazarding power of our Mace touch the Marſhals gates,, and (as if there were Divinity in it) they will open and bring us our Olive branch of peace, wreſted from our ſtock, that with welcome Art we may ingraft him to be nouriſhed by a common root. Thus the King ſhall receive the benefit of an able ſubject, who is otherwiſe, civiliter mortuus, we enjoy the participation of his labour, and poſterity, both ours and this.
Concerning the impeachment of Sir Richard Bolton Knight, Lord Chancellor of Ireland; Iohn Lord Biſhop of Derry, Sir Gerrard Lowther Lord Chief Juſtice of the Common Pleas, and Sir George Ratcliffe Knight, with high Treaſon by the Knights, Citizens, and Burgeſſes of the Commons Houſe.
I Am commanded by the Knights, Citizens, and Bur-Burgeſſes of the Commons Houſe to preſent unto you Irelands Tragedie, the gray headed Common Lawes funerall, and the Active Statutes death and obſequies; this dejected ſpectacle anſwers but the prefiguring Type of Caeſars murther, wounded to the death in the Senate; And by Brutus his boſome friend, our Caeſars image by reflexion, even the fundamentall Lawes and Statutes of this Kingdome, the ſole means by which our eſtates are confirmed, our liberties preſerved, our lives ſecured, are wound to death in the Senate, I mean in the Courts of Juſtice, and by Brutus too, even by thoſe perſons247 that have received their beings and ſubſiſtence from them, ſo that here enters thoſe inſeparable firſt Twins, Treaſon, and Ingratitude.
In a plain phraſe (My Lords) I tender unto you Treaſon, High Treaſon; ſuch a Treaſon that wants nothing but words to expreſſe it.
To counterfeit the Kings Seale, to counterfeit the Kings money it is Treaſon; but this dyes with the individuall partie.
To betray a Fort is Treaſon, but it dies with a few men.
To betray an Army is a Treaſon, but it dyes with a limited number, which may be reinforced again by politique induſtry.
To blow up both Houſes of Parlament is Treaſon, but ſucceeding ages may replant Branches by a fruitfull poſterity; but this High Treaſon which I do move in the name of the Houſes of Commons, charge and impeach Sir Richard Bolion Knight, Lord Chancellour of Ireland, and Sir Gerard Lowther Knight, Lord Chief Iuſtice of the Common Pleas, Iohn Lord Biſhop of Derry, Sir George Ratcliffe Knight; is in its nature ſo far tranſcending any of the former that the reſt ſeem to be but petty Larcenies in reſpect of this.
What is it to ſubvert the fundamentall Lawes of this Kingdome, (High Treaſon?)
What is it with a contumacious malice to trample under feet the rich legacies of our forefathers purchaſed with ſweat and expence, I mean the Statute lawes, what is it but High Treaſon?
What is it through an Innate Antipathie to the publick good to incarcerate the liberty of the Subject under the Iron and weighty chains of an arbitrary Government (High Treaſon?) What is it (ſince his Majeſtie the moſt amiable and delightful portraiture of flouriſhing and indulgent Juſtice to his Subjects) to preſent him perſonated in their extrajudiciall cenſures and judgements;238 but to poſſeſſe (it poſſible) the hearts of his loyall Subjects of this Kingdome: That he is a bloody and devowring Tyrant, and to provoke their never dying alleageance into a fatall and deſperate Rebellion.
What is it to violate the ſacred Graunts of many of his Majeſties Progenitors Kings and Queenes of England confirmed under the broad Seale, being the publique faith of this Kingdome by an extrajudiciall breath grounded upon no record?
What is it to inſent a ſurreptitious clauſe forged by ſome ſervile brain in the preamble of our laſt Act of Subſidies by which the Kings moſt excellent Majeſty, and the Earl of Stofford are placed in one and the ſame ſphear, allowing them but equall influencies to nouriſh the alleageance of this Kingdome, what is this but to extoll other then Regall Authority, and to crucifie the Majeſtie of our moſt gracious Soveraign betwixt the two Theeves of Government, Tyranny and Treaſon.
My Lords, having ſuch a full and laſting Gale to drive me into the depth of theſe accuſations, I cannot hereby ſteere and confine my courſe within the compaſſe of patience, ſince I read in the firſt volumes of their browes, the leaſt of theſe to be the certain ruine of the Subject, and if prov'd, a moſt favorable Prologue to uſher in the Tragedie of the Actors, Councellers and Abetters herein.
What was then the firſt and main queſtion, it was the ſubvertion of the fundamentall Lawes of this Kingdome, let then magna Charta that lies proſtrated, beſmeared and groveling in her own gore, diſcount her wounds as ſo many pregnant and undeniable proofs, mark the Epethite Magna〈…〉〈 in non-Latin alphabet 〉confirmed by 30. Parliaments in the ſucceſſion of eight Kings, the violation of which hath ſeverall times ingaged the Kingdome of England in a voluntary ſacrifice: a Charter which impoſeth that pleaſant and welbecomming oath upon all Soveraigntie, to vindicate and preſerve the Immunitie thereof; before the249 Crown incircle their Royall Temples in this oath of ſo high conſequence and generall intereſt his Majeſty doth in a manner levie a fine to his Subjects uſe for avoiding all fraudulent conveyances in the Adminiſtration of Juſtice. And this oath is tranſplanted unto the Judges as the Feoffees in truſt, appointed between his Majeſtie and the Subject, and ſealed by his Majeſties provident care with that imphaticall penalty, that their eſtates and lives ſhall be in the Kings mercy upon the violation of the ſame, either in whole or in part, neither hath the deſerved puniſhment for the breach of this oath enacted as fulgura ex vitrio, or as bugbears to inforce the obedience of Children; no my Lords, the juſt execution of it upon their Predeceſſors though in breaches not ſo capitall, might have warned them to have ſtrangled their ill born reſolutions in the Cradle, before they now proclaim their infancie and petition for their puniſhment. Witneſſe Sir Thomas Weyland his baniſhment, confiſcation of his goods and lands only for his mercenarie Juſtice contrary to his oath, who was Chief Juſtice of the Common Pleas in the time of Edward the firſt. Witneſſe Sir William Thorpe, Cheif Iuſtice of the Kings Bench, in the time of Edward the third, who was adjudged to be hanged, becauſe he had broken the Kings oath made unto the people wherewith he was intruſted in the Roll.
Now my Lords, though Magna Charta be ſacred for antiquity, though its confirmation be ſtrengthned by oath, though it be the proper Dictionarie that expounds meum & tuum, and aſſignes a Subiect 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 free-hold are determined250 by paper Petitions.
Theſe words; Nulli vendemus, nulli differemus Juſtitiam, live in the Rolls, but they are dead when the Suites, Iudgements, and excecution of the Subiect are wittingly and illegally ſuſpended, retarded and avoyded.
Shall we deſire to ſearch the mortall wounds inflicted upon the Statute Lawes, who ſees them not lying upon their death bed ſtab'd with Proclamations, their primitive and genuine tenures eſcheated by Acts of State, and ſtrangled by Monoplies.
Will you ſurveigh the liberties of the Subiects, every priſon ſpues out illegad attachments and commitments, every Pillory is dyed with the forced bloud of the Subiects, and hath ears, though not to hear, yet to witneſſe this complaint.
Do you doubt of the defacement of the amiable Offices of his Maieſties moſt tranſplendent and renowned Iuſtice, and grace, let then that Microcoſme of Letters Patents confirmed under his Maieſties and his Predeceſſors broad Seale of the Kingdome, being the publique faith thereof, and yet unchriſtened by frivolous and private opinions, riſe up in iudgement, let the abortive Iudgement of the tenure in Capite, where no tenure was expreſt, nay let the Hereticall and Traiterous opinions where the Tenure was expreſt, yet to draw in all by Markets and Faires granted in the ſame Patents riſe up in Iudgements. What glaſſe hath this unhappy divided Kingdome from his Maieſties preſence and andience, to contemplate the fair and raviſhing form of his royall intentions in