A true Copy of THE LORD ANDEVERS Two Speeches To the LORDS in Parliament;
The one concerning The STAR-CHAMBER; The other concerning The PACIFICATION: Both which were formerly corrupted and abused by a false Copy printed.
LONDON, Printed for Francis Constable, 1641.
A true Copy of THE LORD ANDEVERS SPEECH To the LORDS in Parliament, CONCERNING The STAR-CHAMBER.
SInce your Lordships have already lookt so farre into the Priviledges of Peeres, as to make a strict inquisition upon sorreigne Honours; let us not destroy that among our selves, which we desire to preserve from strangers.
And if this greivance, I shall move against, have slept till now, it is very considerable, least custome make it every day more permanent than other.
Your Lordships well know, there was a Statute framed, tertio H. 7. authorizing the Chancellor, Treasurer, Privie Seale, and the two Chiefe Justices, calling to them one Bishop, and a Temporall Lord of the Kings Councell, to receive complaints upon Bill, or Information; and cite such [Page 2] parties to appeare, as stand accused of any Misdemeanour: And this was the Infancy of the Starre-Chamber. But afterward Cardinall Woolsey, octavo H. 8. raised it to mans estate; from whence being altogether unli [...]ited, it is growne a Monster, and will hourely produce worse effects, unlesse it be reduced by that hand, layed the fountaine.
For the Statute is ratified by Parliament, which admits of no other remedy, than a Repeale. Therefore I humbly offer unto your Lordships some reasons, why it should be repealed.
First, that the ve [...]y words of the Statute clearly shew, it is a needlesse Institution; for it sayes, they who are to judge can proceed with no Delinquent otherwise, than if hee were convict of the same crime by due processe of Law: And doe your Lordships hold this a rationall Court, that sends us to the Law, and cals us back from it again? Next, divers Judicatories confound one another; & in pessimâ Republicâ plurimae Leges.
The third reason is, from Circumstance, or rather à Consuetudine: and of this there are many examples, both domestick and forreigne; but more particularly the Parliaments of France, abreviated into a standing Committee by Philip the Long, and continued according to his intention, till Lewis the eleventh came to the Crowne; who being a subtle Prince, buried the Volume in the Epitomy: for to this day, when ever the three Estates are called, either at the death of the old King, or to crowne the new, it is a common Proverb, Allons voyre le ieu des estats.
My Lords, arbitrary Judgements destroy the Common Lawes, and in them the two great Charters of the Kingdome, which being once lost, we have nothing lest but the bare Name of Liberty.
Then the last reason is, though it were the first cause of my standing up, the great Ecclipse this Court hath ever been unto the whole Nobility; for who are so frequently vext there, as Peeres and Noblemen? And notwithstanding that their Appeale is ever good to this Assembly, whilst that famous Law remaines in force, Quarto Ed. 3. to hold a Parliament once by yeare, or more, if occasion bee; yet who durst a yeare ago mention such a Statute, without incurring the danger of Mr. Kilverts prosecution.
Therefore I shall humbly move your Lordships, a select Committee of a few may be named to consider upon the Act of Parliament it selfe: and if they shall think it of as great prejudice, that then the House of Commons in the most usuall manner bee acquainted with it, either by Bill, or Conference, who happily may think it a burden to the Subject; and so when the whole body of Parliament joynes in one supplication, I am confident his Majesty will desire nothing should remaine in force, which his people doe not willingly obey.
A true Copy of THE LORD ANDEVERS SPEECH To the LORDS in Parliament, CONCERNING The PACIFICATION.
I Did lately move your Lordships, that the breach of the pacification might be speedily reviewed, as the unum necessarium; and truly my opinion is yet nothing altered, although upon second thoughts (me thinks) it would first bee known who did actually engage us in these fruitlesse dissensions, and so derive the mischiefe from some originall.
For, my Lords, the Kingdome cannot now long stand at gaze, or undergoe new burthens. Therefore what is to be done (if you intend it should prosper) must presently receive life from the whole people, otherwise we shal expire in a dream; and when the successe differs from expectation, it is not enough to cry, quod non putâram.
My Lords, the wise-man sayes, there is a proper season for all things under the Sun, and we often finde the experiment in naturall bodies, which are voluntarily weakned, to recover strength; yet with a restriction to such bounds, and limits, as the Physitian prescribes himselfe: And truly, I think it is your Lorships case at this time, either to consider what should further be done, than is already, or else how to get out of these labyrinths we now are in; lest the words of the Psalmist come home to our selves, Vendidisti populum sine pretio.
My Lords, I am confident the house of Commons doth throughly see both into the prejudice, and vast expence that these two Armies lay upon the land; and undoubtedly so many Gentlemen of worth, as sit there, will have tender eyes upon the Common-weale. It will therefore become your Lordships to second them in your way, and whilst they apply to publike wounds, the care of this House may search the intestines; for if those bee not clensed, it will bee but a superficiall Cure, and break out againe.
My Lords, it seemes the Earle of Strafford, and the Archbishop of Canterbury, have gone high wayes of iniquity, and every one knowes how to trace them; but Mines under ground are most considerable, which (unlesse they bee likewise found out) may at any time spring and supplant the whole fabrick of all our labours. Let us then throughly examine this fantastick warre, lest as the Duke of Burgundy made a few sheep-skins the cause of his quarrell, so wee shall finde those few [Page 6] sheets of paper, sent under the name of a Liturgy, and book of Canons, were but the Mopsa's of the story, to divert our eyes from the maine designe.
So that my humble motion shall bee for a selected Committee of no great number, who may have power from the House to begin aborigine mali, and revise every mans negotiations, who was either an Actoror Counsellour, since the first appearance of these troubles in Scotland; and that they may bee examined upon such Articles, as the heavie pressure of this Kingdome shall justly administer unto them.