The KINGS Majesties First Speech in Parliament the third of November, 1640.

THe knowledge I had of the desires of my Scottish Subjects, was the cause of my calling the last Assembly of Parliament, wherein had I beene be­leeved; I sincerely thinke, that things had not fallen out as now we see: But it is no wonder that men are so slow to beleeve that so great a sedition should be raised on so little ground. But now my Lords, and Gentlemen, the honour and safety of this Kingdome lying so neerely at the stake; I am resolved to put my self freely and cleerly on the love and affections of my English Subjects, as these of my Lords that did wait on me at York, very well remem­ber I there declared. Therefore my Lords, I shall not men­tion mine own interest, or that support I might justly expect from you, till the common safety be secured; though I must tell you I am not ashamed to say, those charges I have been at, have been meerly for the securing and good of this Kingdome, though the successe hath not been answerable to my desires. Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdome, wherein their are two parts chiefly considerable. First, the chastifing out of the Re­bells. And secondly, that other, in satisfying your just grievances, wherein I shall promise you to concurre so [Page 4]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.

The Kings speech in Parliament the fift of November, 1640.

I do expect that you will hastily make relation to the House of Commons, of those great affairs for which I have called you hither at this time, and for the trust I have reposed in them, and how freely I put my selfe on their love and affections at that time; and that you may know the better how to do so, I shall explaine my selfe concerning one thing I spake the last day. I told you the Rebells must be put out of this Kingdome; it's true, I must needs call them so, so long as they have an Armie that do invade us; and although I am under treaty with them, and I under my great Seale do call them Subjects, and so they are too, but the state of my Affairs in short is this. It's true, I did expect when I did will my Lords and great ones at Yorke, to have given a gracious answer to all your grievances; for I was in good hope by their wisedomes and assistances to have made an end of that bu­sinesse, but I must tell you that my Subjects of Scotland did so delay them, that it was not possible to end there: Therefore I can no wayes blame my Lords that were at Rippon, that the treaty was not ended, but must thanke them for their pains and industry, and certainly had they as much power as affections, I should by that time have brought these distempers to a happy period; so that now the treaty is transported from Rippon to London, where I shall conclude nothing without your knowledge, and I doubt not but by your approbation; for I do not desire to have this great work done in a corner, for I shall lay [Page 4]open all the steps of this mis-understanding, and causes of the great differences between Me and my Subjects of Scotland. And I doubt not but by your assistance to make them know their duty, and also by your assistance to make them return whether they will or no.

The Kings Speech to both the Houses, Ianuary 25. 1640.

THe Knights, Citizens, Burgesses; The principall cause of my comming here at this time, is by rea­son of the slow proceedings in Parliament, touch­ing which is a great deale of inconvenience.

Therefore I think it very necessary to lay before you the state of my affairs as now they stand, therby to hasten (not interrupt) your proceedings.

First, I must remember you that there are two Armies in the Kingdome, in a manner maintained by you, the very naming of which, doth more cleerly shew the incon­venience thereof, then a better tongue then mine can expresse.

Therfore in the first place, I shall recommend unto you the quick dispatch of that businesse, assuring you that it cannot rest upon me.

In the next place I must recommend unto you the State of my Navie and Forts; the condition of both which is so well known unto you, that I need not tell you the particulars, only thus much; they are the Walls and de­fence of this Kingdome, which if out of order, all men may easily judge what incouragement it will be to [Page 5]Our enemies, and what disheartning to our friends.

Last of all, (and not of the least to be considered) I must lay before you the distractions that are at this pre­sent occasioned through the cause of Parliament; for there are some men that more maliciously than ignorantly, will put no difference betweene Reformation, and al­teration of government.

Hence it commech that divine Service is irreverently interrupted, and Petitions in an ill way given in, neither disputed nor denied. But I will enter into no more parti­culars, but shew you a way of remedie, by shewing you my cleer intentions, and some marke that may hinder this good worke.

I shall willingly and cheerfully concur with you for the Reformation of all Innovations both in Church, and Common-wealth, and consequently that all Courts of Justice may be reformed according to Law. For my in­tentions is cleerly to reduce all things to the best and pu­rest times as they were in the time of Queen Elizabeth.

Moreover, whatsoever part of my Revenue shall be found illegall or heavy to my Subjects, I shall be willing to lay down, trusting in their affections. Having thus cleerly and shortly set down my intentions, I will shew you some rubs, and must needs take notice of some very strange (I know not what terme to give them) Petitions given in the name of divers Counties, against the establi­shed government of the Church, and of the great threat­nings against the Bishops, that they will make them to be but a Cipher, or at least taken away.

If some of them have incroached too much upon the Temporaltie (if it be so) I shall not be unwilling these things should be redressed and reformed, as all other a­buses according to the wisdome of former times; so farre I shall go with you, no farther.

If upon serious debate you shall shew that Bishops have some Temporall Authority, not so necessary for the go­vernment [Page 6]of the Church, and upholding Episcopall Ju­risdiction; I shall not be unwilling to desire them to lay it down, but this must not be understood, that I shall any way consent that their voice in Parliament should be ta­ken away; for in all the times of my Predecessors since the Conquest, and before, they have enjoyed it; I am bound to maintain them in i, as one of the fundamentall Institutions of this Kingdome.

There is one other Rock you are on, not in substance, but in service; and the forme is so essentiall, that unlesse it be reformed, will split you on that Rock.

There is a Bill lately put in concerning Parliaments. The thing I like well to have frequent Parliaments, but for Sheriffes and Constables to use my Authoritie, I can no wayes consent unto.

But to shew that I desire to give you content in sub­stance as well as in shew, that you shall have a Bill for doing thereof, so that it do not trench neither against my Honor, neither against the ancient Prerogatives of the Crowns concerning Parliaments, Ingeniously confesse, often Parliaments is the fittest means to keep correspon­dencie betweene Me and my People, that I doe so much desire.

To conclude, now all that I have shewen you, the state of my Affairs, My own cleere intentions, and the Rocks I would have you shun.

To give you all contentment, you shall likewise finde by these Ministers, I have, or shall have, about me for the ef­fecting of these my good intentions, which shall re­double the peace of the Kingdome, and content you all. Concerning the conference, you shall have a direct answer on Mon­day, which shall give you satisfaction.

The Kings speech to both Hou­ses of Parliament in the Lords House, at the passing of the Bill for a Trieniall Parliament, the 16^th of November, 1640.

MY Lords, and you the Knights, Citizens, and Burgesses of the House of Commons; you may remember when both Houses were with Me at the Banquetting House at Whitehall, I did declare unto you two Rocks I wished you to eschew, this is the one of them, and of that consequence, that I thinke never Bill passed here in this House of more favour to the Subjects then this is, and if the other Rocke be as happily passed over as this shall be at this time, I do not know what you can aske for ought I can see at this time, that I can make any question to yeeld unto: Therefore I men­tion this to shew unto you the sence that I have of this Bill, and obligation as I may say that you have to me for it, for hitherto, to speake freely, I have had no great incouragement to doe it; if I should looke to the outward face of your actions or proceedings, and not looke to the inward intentions of your hearts, I might make question of doing it.

Hitherto you have gone on in that which concernes your selves to amend, and yet those things that meerly concernes the strength of this Kingdom, neither for the State, nor my own particular.

This I mention, not to reproach you, but to shew you the state of things as they are, you have taken the Go­vernment almost in peeces, and I may say, it is almost off the hinges.

A skilfull Watchmaker to make cleane his Watch, he will take it a sunder, and when it is put together, it will go the better, so that he leave not forth then one pin in it.

Now as I have done all this on my part, you know what to do on your parts, and I hope you shall see cleerly that I have performed really what I expressed to you at the beginning of this Parliament, of the great trust I have of your affections to me, and this is the great expression of trust, that before you do any thing for me, that I do put such a confidence in you.

THAT BISHOPS ought not to have Votes in PARLIAMENT.

1 BEcause it is a very great hinderance to the exer­cise of their Ministeriall Function.

2 Because they doe vow and undertake at their Ordination when they enter into holy Orders, that they will give themselves wholly to that Vocation.

3. 4 Because Counsells and Canons in severall Ages, do forbid them to meddle with secular affairs, be­cause 24 Bishops have dependancie on the two Archbi­shops, and because of their Canonicall obedience to them.

5 Because they are but for their lives, and therefore are not fit to have legislative power over the honors, in­heritance, persons, and liberties of others.

6 Because of Bishops dependancie, and expecting translations to places of great profit.

7 That severall Bishops have of late much incroached upon the consciēnces and liberties of the Subjects; and they, and their Successors will be much incouraged still to incroach, and the Subjects will be much discouraged from complaining against such incouragements if 26 of that Order, be to be Judges of those complaints, the same reason extends to their legislative power in any Bill to passe for the regulation of their power, upon any emer­gent inconveniencie by it.

8 Because the whole number of them is interessed to maintaine the jurisdiction of Bishops, which hath beene found so grievous to the three Kingdomes, that Scotland hath utterly abolished it, and multitudes in England, and Ireland have petitioned against it.

9 Because Bishops being Lords of Parliament, it set­teth too great a distance betweene them, and the rest of their Brethren in the Ministry, which occasioneth pride in them, discontent in others, and disquiet in the Church.

The Lord Keepers Speech in the Upper House of Parliament. Novemb. 3. 1640.

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, [Page 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 done [Page 16]contrary to the Royall Nature, and expresse Command of our Gratious Soveraign, from whom I have often learned this golden Rule, and Maxim, he serves me best, that serves me with honesty and integrity.

Behold Him in another part of Himself, in His dearest comfort, our Gracious Queen, the mirror of Vertue, from whom since Her happy arrivall here, now above three lustres of yeetes, never any Subject record other then gratious and benigne Influence; and I dare a vow as She is neerest and dearest to our Soveraign, so there is none whose affections and endeavours (His Majesty onely ex­cepted) hath, or doth, or can cooperate more to the happy successe of this Parliament, and the never to be equalled joy, and comfort of a right understanding between the King, and His people.

Behold Him in His best image, our excellent young Prince, and the rest of the Royall, and lively Progeny in whom we cannot but promise to our selves, to have our happinesse perpetuated.

From the Throne turn your eyes upon the two sup­porters of it, on the one side, the Stemne of honour, the Nobility, and Clergy, on the other side, the Gentry and Commons.

Where was there, or is there in any part of the world a nobility so numerous, so magnanimous, and yet with such a temper, that they neither ecclipse the throne, nor overtop the people, but keep in a distance fit for the greatnesse of the Throne.

Where was there a Common-wealth so free, and the ballance so equally held, as here? And certainly, so long as the beam is so held, it cannot be otherwise, in right Anglis, if you turn the line never so little, it groweth quickly accute, or obdure; and so in States, the least de­viation makes a great change. But His Majesties great wisedome and goodnesse, and the assistance of the Ho­nourable Assembly, I do not doubt will be a means to [Page 17]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 una­minous [Page 19]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 resolve [Page 18]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 His [Page 20]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, [Page 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.

My Lords, howsoever they had received this informa­tion, and explanation upon every particular of their de­mands, yet in justice they thought it was fit to hear what could be said, on the other side, how the objection might be answered, and what objection might be made by them against that which seemed to be plain enough.

For this purpose they were all of opinion, and his Majesty was pleased to be of the same opinion, that some Lords selected and trusted by that great 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 unwil­ling [Page 23]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 in [Page 24]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 16^th 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.

Mr. SPEAKER his Speech to his Maiesty, in the High Court of Parlia­ment, the fifth of November, 1640.

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.

Non mihitacuisse nocet, Nocet esse locutum.

And then might your Sacred and pious intentions have had their full advancement.

But is it yet too late? may I not 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 a [Page 3]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.

Subtile 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 therefore [Page 5]for the better expedition of this service; Wee humbly desire;

• 1. That our selves and servants may obtaine free­dome from arrests of their persons and goods.
• 2. That we may have free liberty of speech without confinement, with a full and free debate.
• 3. That your Majesty will vouchsafe our repaire to your sacred person upon matters of importance, accor­ding to the ancient priviledges of the house.

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,

The Lord DIGBIES Speech the 9. of Novemb. 1640. Concerning Grie­vances, and the Trienniall Parliament.

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.

• 1. The great and intollerable burthen of Ship-mo­ney, [Page 7]touching the legality whereof they are unsatisfied.
• 2. The many great abuses in pressing of Souldiers, and raising moneys concerning the same.
• 3. The multitude of Monopolies.
• 4. The new Canon, and the Oath to be taken by Law­yers, Divines &c.
• 5. The Oath required to bee taken by Church-Officers to present according to Articles new and un­usuall.

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 pri­viledges [Page 8]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 swearing [Page 9]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, [Page 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 more [Page 11]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.

THE LORD DIGBIES SPEECH IN THE HOƲSE OF Commons, to the Bill for trienniall Parliaments. Janu. 19. 1640.

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; ney­ther [Page 13]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, and [Page 14]the rest of the world, the person of our Soveraigne, and the nature of our suffering since the third of his Reigne. And there can be no cause coulorable inventible, wher­unto to attribute them but the intermission, or which is worse, the undue frustration of Parliament, by the un­luckly use if not abuse of Prerogative in the dissol­ving them.

Take in your view Gentlemen, a State in a state of the greatest quiet and security that can be fancied, not only in joyning the calmest peace it selfe, but to improve and secure its happy condition, all the rest of the world at the same time in Tempest, in Combustions, in un­composable Warres.

Take into your view Sir, a King Soveraigne to three Kingdomes, by a Concentring of all the Royall lines in his Person, as undisputably as any Mathematical ones in Euclide. A King firme and knowing in his Religi­on, eminent in vertue; A King that had in his owne time given all the Rights and Liberties of his Subjects a more cleare and ample confirmation freely and graci­ously, then any of his Predecessors (when the people had them at advantage) extortedly, I meane in the Pe­tition of Right.

This is one Mappe of England, Mr. Speaker, A man Sir, that should present unto you now, a Kingdome, groaning under that supreme Law, which Salus populi periclitata would enact. The liberty, the property of the Subject fundamentally subverted, ravisht away by the violence of a pretended necessity; a triple Crown shaking with distempers; men of the best conscience rea­dy to fly into the wildernesse for Religion. Would not one sweare that this were the Antipodes to the other; & yet let me tell you Mr. Speaker, this is a Mappe of Eng­land too, and both at the same time true.

As it cannot bee denyed, Mr. Speaker, that since the Conquest there hath not been in this Kingdome a fuller concurrance of all circumstances in the former Cara­cter, to have made a Kingdom happy, then for these 12. yeares last past; so it is most certaine, that there hath not beene in all that deduction of ages, such a Conspi­racie, if one may so say of all the Elements of mischiefe thein second Character, to bring a flourishing Kingdom, if it were possible, to swift ruine and desolation.

I will be bold to say, Mr. Speaker, and I thanke God, wee have so good a King, under whom wee may speake boldly of the abuse by ill Ministers, without re­flection upon his person.

That an Accumulation of all the publike Grievances since Magna Carta, one upon another, unto that houre in which the Petition of Right past into an act of Parlia­ment, would not amount to so oppressive; I am sure not to so destructive a height and magnitude to the rights and property of the Subject, as one branch of our besla­ving since the Petition of Right.

The branch I mean, is the judgment concerning ship-money. This beeing a true representation of England in both aspects.

Let him, Mr. Speaker, that for the unmatcht oppressi­on and enthralling of free Subjects in a time of the best Kings raigne, and in memory of the best lawes enacted in favour of Subjects liberty, can find a truer Cause then the ruptures and intermission of Parliaments. Let him and him alone be against the setling of this inevitable way for the frequent holding of them.

'Tis true Sir, wicked Ministers have beene the prox­imate [Page 16]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.

Let him make choyce of good ones never so ex­actly.

If there be not a way setled to preserve and keepe them good; the mischiefes and they will all grow again like Sampsons Locks, and pull downe the House upon our heads. Beleeve it M. Speaker, they will.

It hath been a Maxime amongst the wisest Legislators, that whosoever meanes to settle good Lawes, must pro­ceed in them, with a sinister opinion of all Mankinde; and suppose that whosoever is not wicked, it is for want only of the opportunity. It is that opportunity of being ill Mr. Speaker, that wee must take away, if ever wee meane to be happy, which can never be done, but by the frequencie of Parliaments.

No state can wisely be confident of any publique Mi­nisters continuing good, longer then the rod is over him.

Let me appeale to all those that were present in this House at the agitation of the Petition of Right. And let them tell themselves truly, of whose promotion to the management of affaires doe they thinke the generality would at that time have had better hopes then of Mr. Noy, and Sir Thomas Wentworth, both having beene at that time, and in that businesse as I have heard, most keen and active Patriots, and the latter of them to the eternall aggravation of his Infamous treachery to the Common-wealth be it spoken, the first mover, and insister to have this clause added to the Petition of Right, that for the comfort and safety of his Subjects, his Ma­jesty would be pleased to declare his will and pleasure, that all his Ministers should serve him according to the Lawes and Statutes of the Realme.

And yet Mr. Speaker, to whom now can all the in­undations upon our liberties under pretence of Law, and the late shipwrack at once of all our property, be attri­buted more then to Noy, and those and all other mis­chiefes whereby this Monarchie hath beene brought al­most to the brinke of destruction, so much to any as to that Grand Apostate to the Common-wealth, the now Lieutenant of Ireland?

The first I hope God hath forgiven in the other world; and the latter must not hope to be pardoned in this, till he be dispatcht to the other.

Let every man but consider those men as once they were.

The excellent Law for the security of the Subject e­nacted immediately before their comming to employ­ment, in the contriving whereof themselves were prin­cipall Actors.

The goodnesse and vertue of the King they served, and yet the high and publique oppressions that in his time they have wrought! And surely there is no man but will conclude with me, that as the deficience of Parliaments hath bin the Causa Causarum of all the mischiefes and distempers of the present times; so the frequency of them is the sole Catholicke Antidote that can preserve and se­cure the future from the like danger.

Mr. Speaker, let me yet draw my Discourse a little nearer to his Majesty himselfe, and tell you, that the frequency of Parliament is most essentially necessary to the power, the security, the glory of the King.

There are two wayes, Mr. Speaker, of powerfull [Page 9]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.

• 1. Re-instating them in their former Libertie.
• 2. Revenging them of the Authors of those viola­tions.
• 3. And securing them from Apprehensions of the like againe.

The first, (God be thanked,) wee are in a good way of.

The second in warme pursuit of.

But the third, as essentiall as all the rest, till we be certain of a Trienniall Parliament, at the least, I pro­fesse I can have but cold hopes of.

I beseech you then Gentlemen, since that security for the future is so necessary to that blessed union of affections, and this Bill so necessary to that security:

Let us not be so wanting to our selves; let us not be so wanting to our Soveraigne, as to forbeare to offer unto him, this powerfull, this everlasting Philter, to Charme unto him the hearts of his people, whose vertue can never evaporate.

There is no man, M. Speaker, so secure of anothers friendship, but will thinke frequent intercourse and ac­cesse very requisite to the support, to the confirmation of it: Especially, if ill offices have beene done betweene them; if the raysing of jealousies hath beene attempted. There is no Friend but would be impatient to be debar­red from giving his friend succour and reliefe in his ne­cessities.

Mr. Speaker, permit mee the comparison of great things with little: what friendship, what union can there be so comfortable, so happy, as betweene a gra­cious Soveraigne and his people? and what greater misfortune can there bee to both, then for them to bee kept from entercourse, from the meanes of clearing mis understandings, from interchange of mutuall be­nefits?

The people of England, Sir, cannot open their Eares, their Hearts, their Mouthes, nor their Purses, to his Majesty, but in Parliament.

We can neyther heare Him, nor Complaine, nor ac­knowledge, nor give, but there.

This Bill, Sir, is the sole Key that can open the way to a frequency of those reciprocall indearments, which must make and perpetuate the happinesse of the King and Kingdome.

Let no man object any derogation from the Kings Prerogative by it. Wee doe but present the Bill, '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: there [Page 21]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.

A Speech of the Honou­rable NATHANAEL FIENNES, In the House of Commons the 9. of Febr. 1640.

TWO things have fallen into debate this day.

The first, concerning the Londoners Pe­tition, whether it should bee committed or no.

The other, concerning the government of the Church, by Arch-bishops, Bishops, &c. whether it should bee countenanced or no.

For the first, I doe not understand by any thing that I have yet heard, why the Londoners Petition should not be committed, or countenanced.

The exceptions that are taken against it, are from the irregularities of the delivery of it, and from the Sub­ject matter contained in it.

For the first, it is alledged that the long taile of this blazing starre, is ominous, and that such a number of Petitioners, and such a number that brought the Petiti­on to the House, was irregular. Hereunto I answer, that the fault was either in the multitude of the Petitioners, or in their carriages, and demeanours: if a multitude [Page 13]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, [Page 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 power [Page 25]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, Omnia [Page 26]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: for [Page 27]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 of [Page 26] [...] [Page 27] [...] [Page 28]that stampe, but never from this latter sort. And now Sir, I proceede to represent unto you the evills, and inconveniences that doe proceede from the govern­ment and Ceremonies of the Church, and truely in my opinion, the chiefe and principall cause of all the e­vills which we have suffered, since the Reformation in this Church and State, hath proceeded from that division which so unhappily hath sprung up amongst us, about Church go­vernment, and the Ceremonies of the Church, and from which part in that division, I beleeve, it will appeare in the particulars. I know well there is a great division, and that upon great matters, betweene us and the Papists, and I am not ignorant that there have beene great and sore breaches made upon our Civill Liberties, and the right of our proprieties.

But yet still I returne to my former position, that the chiefe and most active cause hath proceeded from the Government and Ceremonies of the Church, and that those other causes have either fallen into it, and so acted by it, or issued out of it, and so acted from it. As for Po­pery, I conceive that to have beene a cause that hath fallen into this, and acted by it; for at the Reformation it recei­ved such a deadly wound by so many sharpe Lawes ena­cted against it, that had it not beene enlivened by this division amongst us, it could never have had influence upon our Church and State to have troubled them, as this day wee feele; but finding that in this division a­mongst us, one party had need of some of their princi­palls to maintaine their Hierarchy, together with their worldly pompe and Ceremonies, which are appurtenan­ces thereunto; from hence they first conceived a ground of hope, and afterwards found meanes of successe, to­wards the introducing againe of their superstition and Idolatry into this Realme; and they wrought so dili­gently upon this foundation, that they have advanced their building very farre, and how neare they were to [Page 29]set up the Roofe, I leave it to your consideration. As for the evills which we have suffered in our civill liber­ty, and the right of our proprieties, J conceive they have proceeded out of this, and so acted from it; for if there had beene no breaches of Parliaments, there would have bin no need to have had recourse unto those broken Cisternes, that can hold no water; but there being a stoppage of Parlamentary supplyes, that was an occasion of letting in upon us such an inundation of Monopolies, and other ille­gall taxes, and impositions, accompanyed with many other heavy and sore breaches of our Liberties. Now there needed not to have beene any breaches of Parlia­ments, had there not beene something disliked in them, and what was that? it could not bee any of these civill matters that bred the first difference, for they have pro­ceeded out of it, therefore I conceive it was this: The Prelates with their adherents (the Papists also con­curring with them for their interest) did alwayes looke upon Parliaments with an evill eye, as no friends to their offices and functions, at leastwise to their Benefices and Dignities, and therefore (some of them having alwayes had the grace to bee too neare to the Princes eates) they have alwayes endeavoured to breed a dis-affection in Kings from Parliaments, as the Presse and Pulpit doe a­bundantly witnesse, and Ballads too, made by some of them upon the breaches of Parliaments. But wee have a fresh and bleeding instance of this in the confirmation in his Majesties name, which they procured to be prefixed be­fore their new Booke of Canons, wherein they have endeavoured to make this impression upon his Maje­sties Royall minde, that the Authors and Fomenters of the jealousie in respect of the new Rites and Ceremonies lately introduced into the Church, which wee call innova­tions, did strike at his Royall person, as if hee were per­verted in his Religion, and did worship God in a superstiti­ous way, and intended to bring in some Innovation in [Page 30]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 make [Page 31]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 such [Page 32]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 ca­lamities [Page 33]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 not [Page 34]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 such [Page 35]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 the [Page 36]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 I [Page 37]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 very [Page 38]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, [Page 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 not [Page 40]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: but [Page 41]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 will [Page 42]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 pains [Page 43]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.

And 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.

A Speech made be­fore the Lords in the Upper House; by Mr. Francis Rous Esquire; March the 16^th. 1640.
Against Dr. Cossens, Dr. Maynwa­ring, and Dr. Beale.

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:

A second Speech of the Honorable NATHANAEL FIENNES (second Son to the right Honou­rable the Lord Say) touch­ing the Subjects Liberty a­gainst the late Canons and the new Oath.

NOW that we are about to brand these Canons in respect of the mat­ter contained in them, it is the pro­per time to open the foulenesse thereof: and though much of this hath beene anticipated in the generall debate, yet if any thing hath beene omitted, or if any thing may bee farther cleared in that kinde, it is for the service of the House, that it should now be done.

Sir I conceive these Canons doe containe sundry mat­ters, which are not onely contrary to the Lawes of this Land, but also destructive of the very principall and fundamentall Lawes of this Kingdome. I shall begin with the first Canon, wherein the framers of these Canons have assumed unto themselves a Parlia­mentary [Page 48] [...] [Page 49] [...] [Page 50]power, and that too in a very high degree, for they have taken upon them to define what is the power of the King, what the liberty of the Subjects, and what propriety hee hath in his goods. If this bee not proper to a Parliament, I know not what is. Nay it is the highest matter that can fall under the con­sideration of a Parliament, and such a poynt as wherein they would have walked with more tendernesse and circumspection than these bold Divines have done. And surely, as this was an act of such presumption as no age can parallell: so is it of such dangerous conse­quence as nothing can be more. For they doe not one­ly take upon them to determine matters of this nature, but also under great penalties, forbid all Parsons, Vicars, Curates, Readers in Divinity, &c. to speake any other wayes of them then as they had defined, by which meanes having seized upon all the Conduites, whereby knowledge is convayed to the people, how easie would it bee for them in time, to undermine the Kings Prerogative, and to suppresse the subjects liberty, or both.

And now (Sir) I beseech you to consider how they have defined this high and great poynt: they have dealt with us in matter of Divinity, as the Judges had done before in matter of Law: they first tooke upon them to determine a matter that belon­ged not to their Judicature, but onely to the Parlia­ment, and after by their judgement they overthrew our propriety, and just so have these Divines dealt with us: they tell us that Kings are an Ordinance of God, of Divine Right, and founded in the prime Lawes of Nature, from whence it will follow that all other formes of government, as Aristocracies, and Democracies, are wicked formes of government, con­trary to the Ordinance of God, and the Prime Lawes of Nature, which is such new Divinitie as [Page 51]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: [Page 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. [Page 53]They say, to set up any coactive independent power is treasonable both against God and the King, the que­stion is not whether it bee true they say or no, but whether they have power to say what is Treason, and what not? But now (Sir) that I am upon this point, I would gladly know what kinde of power that is, which is exercised by Arch-Bishops, Bishops, Deanes, Arch-Deacons, &c. Coactive certainely it is, all the King­dome feeles the lash thereof, and it must needs bee in­dependant, if it be jure Divine, as they hold it, for they doe not meane by an independant power, such a power as doth not depend on GOD. Besides, if their power be dependant, of whom is it dependant? not of the King, for the Law acknowledgeth no way whereby Ecclesiasticall jurisdiction can bee derived from his Majestie, but by his Commission under the great-Scale, which as I am informed, they have not: I speake not of the High Commission, but of that jurisdicti­on which they exercise in their Archiepiscopall, Episco­pall, Archidaconall Courts, &c. and therefore if their owne sentence bee just, wee know what they are, and what they have pronounced against themselves. But (Sir) it were worth knowing what they aimed at in that in­dependent coactive power, which they terme popular. I will not take upon me to unfold their meaning; but wee know Doctor Beale had a hand in the making of these Ca­nons, and if wee apply his Paraphrase to the Text, it may give us some clearenesse. I remember amongst other notes of his this was one, that he did acknowledge the Kings Supremacy, but would joyne unto him an assi­stant (viz.) the people, meaning this House, which being the representative body of the COMMONS of England, and claiming, as it is so, a share in the Legislative power, Doctor Beale calleth this a joy­ning of an assistant to the King, in whom soly hee placeth the power of making Lawes, and that it [Page 54]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 that [Page 55]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 not [Page 56]have any thing that I have said to be interpreted, as if I had spoken it in favour of Socinianisme, w^c (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 left [Page 57]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, and [Page 58]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, or [Page 59]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 not [Page 60]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, for [Page 61]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.

The 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 of [Page 63]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 do [Page 60] [...] [Page 61] [...] [Page 62] [...] [Page 63] [...] [Page 64]they 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.

The Lord Digby's Speech to the House of Commons, concerning Bi­shops, and the City petition, the 9. of February. 1640.

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 labouring [Page 66]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. [Page 67]Londoners, 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 com­modity [Page 68]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, [Page 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, not­withstanding [Page 70]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.

Was 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 that [Page 72]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, [Page 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 every [Page 74]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.

Doe 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.

The Accusation and Im­peachment of John LORD Finch, Baron of Fordwich, Lord Keeper of the Great Seale of Eng­land, by the House of COMMONS.

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, [Page 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) [Page 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 Justi­ces [Page 79]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 opinion [Page 80]for Master Hampden, the said Lord Finch repaired pur­posely to the said Baron Denhams Chamber in Serjeants Inne in Fleetstreet, and after the said Master Baron Denham had declared and expressed his opinion, urged him to retract the said opinion, which hee refu­sing, was threatned by the said Lord Finch, because hee refused.

VII. That hee then being Lord chiefe Justice of the Court of Common Pleas, declared and published in the Ex­chequer Chamber, and westerne circuit where he went Judge, that the Kings right to Ship-money, as aforesaid, was so inherent a right to the Crowne, as an Act of Parliament could not take it away; and with divers malicious speeches inveighed against, and threatned all such as refused to pay Ship-money; all which opinions contained in the foure, five, & sixth Articles, are against the Law of the Realme, the Subjects right of property, and contrary to former resolutions in Parliament, and to the petition of right: which said resolutions and pe­tition of right, were well knowne to him, and resolved and enacted in Parliament, when he was Speaker of the Commons house of Parliament.

VIII. That hee being Lord chiefe Justice of the Court of Common Pleas, did take the generall practice of that Court to his private Chamber; and that hee sent war­rants into all or many shires of England to severall men, as to Francis Giles of the County of Devon, Re­bert Renson of the County of Yorke, Attorneys of that Court, and to divers others, to release all persons arre­sted on any utlawry about 40. shillings fees, whereas none by Law so arrested, can be bailed or released with­out Supersedeas under seale or reversall.

IX. That hee being Lord Chiefe Iustice of the Court of Common pleas, upon a pretended suit begun in Michael­mas Terme, in the 11. yeare of his Majesties Reigne, al­though there was no plaint or Declaration against him, did notoriously and contrary to all Law and Iustice, by threats, menaces, and imprisonment, compell Thomas Laurence, an Executor, to pay 19 pound 12 shillings, and likewise caused Richard Bernard, being onely o­ver-seer of the last Will of that Testator, to bee arrested for the payment of the said Money, contrary to the ad­vice of the rest of the Iudges of that Court, and against 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 upon [Page 82]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.

The Lord FAULKLANDS se­cond Speech: Made the 14. of January, after the reading of the Articles against the Lord FINCH.

THese Articles against my Lord Finch being read, I may 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, and [Page 84]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 meeres [Page 85]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 that [Page 86]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 principall [Page 87]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.

The first Speech made by Sir Edward Deering, in the house of Commons.

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) [Page 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 great [Page 86]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.

The second Speech of Sir Edward Deering.

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? [Page 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 can­not [Page 93]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.

And 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.

The third Speech of Sir Edward Deering.

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.

• 1. The first that is Ius divinum, Episcopacy by Di­vine Right: and this he would have you thinke to bee the Crowne next his head, which doth circle and secure his power, our Bishops have in an unlucky time entred their Plea, and presented their title to this Crowne, E­piscopacy by Divine Right.
• [Page 83]2 The second is Ius humanum Constantii donativum the gift of Indulgent Princes temporall power; this Law belongs to his second or middle Crowne, this is already pleaded for, by our Prelates in print.
• 3. These two Crowne being already obtained, The Pope claimes, and makes the third himselfe, and sets it highest upon the top: This Crowne also hath its Law, and that is Ius Canonicum: This Canon Law is of more use unto his Popeship (if once admitted) than both the other.

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.

The summe of all the severall answers that I have received, do all together amount unto this: They were a Convocationall, Synodicall Assembly of Commissio­ners; Indeed a threefold Chaemera, a Monster to our Lawes, a Cerberus to our Religion. A strange Com­mission, where no Commissioners name is to be found▪ A strange Convocation that lived when the Parlia­ment was dead. A strange holy Synod, when the one part never saw nor conferred with the other.

But indeed, there needed no conference, if it be true of these Cannons which I read of the former, Quis nescit, Canones Lambethae formari priusquam in Synode ventilentur?

Well Mr. Speaker, they have Innovated upon us; wee may say, it is Lex talionis to Innovate upon them, and so I hope we shortly shall doe.

In the meane time, my humble motion is, that every member of that assembly, who voted their Cannons, may come severally to the Barre of this House, with a Book of Cannons in his hand and there unlesse he can answer that Catechisme question, as I called it, better then I expect he can, conceptis verbis, in such expresse termes as this honourable house shall then think fit, he shall abjure his owne Issue, and be commanded to give fire to his owne Canons.

And this motion I take to be just.

The fourth Speech of Sir Edward Deering. Concerning the Arch-Bishop, and divers other Grievances.

YEsterday we did regulate the most impor­tant businesse before us: and gave them motion, so that our great and weighty affaires, are now on their feet in their pro­gresse, journying on towards their several periods, where some I hope will finde their latest home.

Yet among all these I observe one, a very maine one, to sleepe sine die: give me leave to awaken it; it is a businesse of an immense weight, and worth; such as deserves our best care, and most severe circumspe­ction. I meane the Grand Petition long since given in by many thousand Citizens against the domineering Clergy.

Wherein (for my part) although I cannot approve of all that is presented unto you, yet I do clearely professe, that a great part of it, nay the greatest part thereof, is so well grounded, that my heart goes cheerefully along therewith.

It seemes that my Countrey (for which I have the honour to serve) is of the same minde, and least you should thinke that all faults are included within the walls of Troy, they will shew you,

Iliacos intra muros peccatur, & extrae.

The same grievances which the City groanes under, are provinciall unto us, and I much feare they are Nati­onall among us all.

The pride, the avarice the ambition, and oppression, by our ruling Clergie is Epidemicall, it hath infected them all. There is not any, or scarce any of them, who is not practicall in their own great cause in hand, which they impiously doe mis call, the Piety of the times, but in truth so wrong a Piety, that I am bold to say,

In facinus jurasse putes.—

Here in this Petition is the disease represented, here is the cure intreated.

The number of your Petitioners is considerable, being a­bove five and twenty hundred names, and would have been foure times as many, if that were thought materiall.

The matter in the Petition is of high import: but your Petitioners themselves are all of them quiet and silent at their owne houses, humbly expecting and praying the reso­lution of this great Senate, upon these their earnest and thrice hearty desires.

Here is no noyse, no numbers at your doore: they will be neither your trouble nor your jealousie; for I doe not know of any one of them this day in the towne: so much they doe affie in the justice of their Petition, and in the goodnesse of this house.

If now you want any of them here to make avowance of their Petition, I am their servant. I doe appeare for them, and for my selfe, and am ready to avow this Petition in their names, and in my owne.

Nothing doubting, but fully confident that I may justly say of the present usage of the Hierarchy in the [Page 99]Church of England, as once the Pope (Pope Adrian as I remember) said of the Clergy in his time: A ver­tice capitis ad plantam pedis, nihil est sanum in toto ordi­ne Ecclesiastico.

I beseech you read the Petition, regard us, and relieve us.

Master BAGSHAWES Speech in Parliament Febr. 9^th. 1640. Con­cerning Episcopacy, and the Lon­don Petition.

I Was yesterday and the time before, for the retaining of the London Petition and am in the same minde still; and therefore doe now rise up against the proposall of that question which is now called for; Whether Episcopacy it selfe be to be taken into considera­tion by the Committee: wherein I doe distinguish of a twofold Episcopacy the first, in Statu puro, as it was in the Primitive times: the second, in Statu corrupto, as it is at this day, and is so intended and meant in the London Petition. Now I hold that Epistopacy in this latter sence is to be taken into consideration as a thing that trencheth not onely upon the right and liberties of the Subject; of which I shall have occasion to speake hereafter. But as it is now, it trencheth upon the Crowne of England in these foure particulars, where­in [Page 100]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.

The third is likewise considerable, as trenching upon the Crowne, which is that was said under the Gallery, that Episcopacy was a third estate in Parliament, and therefore the King and Parliament could not be with­out them. This I utterly deny, for there are three estates without them, as namely, the King, who is the first e­state; the Lords Temporall the second, and the Com­mons the third; and I know no fourth estate. Besides, the Kings of England have had many Parliaments, wherein there have beene no Bishops at all: as for ex­ample, Ed. 1.24 of his reigne held his Parliament at Edmundbury, excluso Clero; and in the Parliament 7. R. 2. c. 3. & 7. R. 2. c. 12. it doth appeare, that they were enacted by the King, with the assent and agreement of the Lords Temporall, and Commons, where the estates of Parliamen are mentioned, and not the Clergie. Di­vers other statutes might likewise be named to this pur­pose, which I omit.

The fourth and last thing is of the Bishops holding of the Ecclesiasticall Courts in their owne names, and not in the name of the King, nor by Commission from him, contrary to the Statute of 1 Edw. 6. cap. 2. and contrary to the practice of Bishop Ridley, Cover­dale, and Ponnet, who tooke Commissions from the KING for holding their Ecclesiasticall Courts, as may be seene at this day in the Rolles.

And although it will be objected, that by a late Proclamation, in the yeare of our Lord God, 1637. wherein the opinion of the Iudges men­tioned, it is declared upon their opinion, that the act of 1 Edw. 6. was repealed, and that Bishops may now keep Courts in their owne names, and send processe under their owne Seales; yet it is well knowne, that the Statute of 1 Q. Mary, which repealed the Statute of 1 Ed. 6. was it selfe repealed by the Sta­tute of 1 Iac. cap 25. Whereupon it was holden upon [Page 102]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.

The Speeches of Sir Benjamin Rudyer in the High Court of Parliament.

WEe are here assembled to doe Gods busi­nesse and the Kings, in which our owne is included, as wee are Christians, as wee are Subjects. Let us first feare GOD▪ then shall wee honour the King the more: for I am afrayd wee have beene the lesse prosperous in Parliaments, because wee have preferred other matters before Him. Let Religion be our Pri­mum Quarite, for all things else, are but Etcaetera's to it; yet we may have them too, sooner and surer, if wee give God his precedence.

We well know what disturbance hath been brought upon the Church, for vain petty trifles. How the whole Church, the whole Kingdome hath beene troubled, where to place a Metaphor, an Altar. Wee have seene Ministers, their Wives, Children, and Families un­done, against Law, against Conscience, against all Bow­ells of Compassion, about not dancing upon Sundayes. What doe these sort of men think will become of them­selves, when the Master of the house shall come, and finde [Page 102] [...] [Page 103] [...] [Page 104]them thus beating their fellow servants? These In­ventions were but Sives made of purpose to winnow the best men, and that's the Devills occupation. They have a minde to worry preaching, for I never yet heard of any, but diligent preachers that were vext with these and the like devices. They despise prophe­sie, and as one said, They would faine be at something were like the Masse, that will not bite. A muzzl'd Religion. They would evaporate and dis-spirit the power and vigour of Religion, by drawing it out into solemne, specious formalities, into obsolete, antiquated Ceremo­nies, new furbish'd up. And this (belike) is the good worke in hand, which Dr. Heylin hath so often celebra­ted in his bold Pamphlets. All their Acts, and actions are so full of mixtures, involutions and complications, as nothing is cleare, nothing sincere in any of their pro­ceedings: Let them not say, that these are the perverse su­spitious malicious interpretations of some few factious Spirits amongst us, when a Romanist hath bragged, and congratulated in print, That the face of our Church be­gins to alter, the Language of our Religion to change. And Sancta Clara hath published, That if a Synod were held, Non intermixtis Puritanis, setting Puritanes aside, our Articles and their Religion would soone be agreed. They have so brought it to passe, that under the name of Puri­tans, all our Religion is branded, and under a few hard words against Iesuites, all popery is counte­nanc'd.

Whosoever squares his actions by any rule, either Di­vine or Humane, hee is a Puritan. Whosoever would be governed by the Kings Lawes, he is a Puritan. Hee that will not doe whatsoever other men would have him doe, he is a Puritan. Their great worke, their Master-piece now is, To make all those of the Religion, to be the suspected party of the Kingdome.

Let us further reflect upon the ill effect these Courts have wrought, what by a defection from us, on the one side, a separation on the other; Some imagining whi­ther we are tending, made haste to turne, or declare themselves Papists before hand, thereby hoping to render themselves the more gracious, the more acce­ptable. A great multitude of the Kings Subjects, stri­ving to hold communion with us; but seeing how far we were gone, and searing how much further we 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.

The King likewise is reduced to great straights, wherein it were undutifulnesse beyond inhumanity, to take advantage for him: let us rather make it an ad­vantage for him, to doe him best service when he hath most need. Not to seeke our owne good, but in Him, and with Him, else wee shall commit the same crimes our selves, which wee must condemne in o­thers.

His Majesty hath clearely and freely put himselfe in­to the hands of this Parliament, and I presume, there is not a Man in this House, but feeles himselfe advanc't in this high trust; but if Hee prosper no better in our hands than he hath done in theirs, who have hitherto had the handling of his affaires, wee shall for ever make our selves unworthy of so gracious a confi­dence.

I have often thought and said, that it must bee some great extremity, that would recover and certifie this state, and when 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 Kings [Page 107]service, have done none but their owne, and that's too evident.

They speake highly of the Kings power, but they have made it a miserable power, that produceth nothing but weaknesse, both to the King and Kingdome.

They have exhausted the Kings revenew to the bot­tome, nay through the bottome, and beyond.

They have spent vast summes of money wastefully, fruitlesly, dangerously: So that more money without o­ther Counsells will be but a swift undoing.

They have alwayes peremptorily pursued one obsti­nate pernicious course. First, they bring things to an extremitie, then they make that extremity of their owne making, the reason of their next action, seven times worse than the former, and there wee are at this instant.

They have almost spoyled the best instituted Govern­ment in the world, for Soveraignty in a King, liberty to the Subject; the proportionable temper of both which, makes the happiest state for power, for riches, for duration.

They have unmannerly and slubbringly cast all their Projects, all their Machinations upon the King: which no wise or good Minister of State ever did, but would still take all harsh, distasteful things upon them­selves, to cleare, to sweeten their Master.

They have not suffered his Majestie to appeare unto his people, in his owne native goodnesse.

They have eclipsed him by their interposition: althogh grosse condense bodies may obscure, and hinder the Sun from shining out, yet is hee still the same in his owne splendor. And when they are removed, all Creatures under him are directed by his light, comforted by his beames: But they have framed a superstitious seeming Maxime of State for their owne turne; That if a King will suffer men to be torne from him, hee shall never have [Page 108]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.

Mr. 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.

Another Speech of Sir Benjamin Rudyer, in the High Court of Parliament.

IT will become us thankfully to acknowledge the prudent and painfull endeavours of my Lords, the Peeres, Commissioners intrea­ting with the Scots, in mediating with the King: whereby (God assisting) wee are now probably drawing neare to a blessed peace.

His Majesty in his Wisedome and Goodnesse, is graciously pleased to give his royall assent to their Acts of Parlia­ment, wherein the Articles of their Assembly are like­wise included: Insomuch as their Religion, their Lawes, their Liberties are ratified and established: Besides, their Grievances reliev'd, and redress'd; For which Wee use to give the King Money, and are still ready to doe it. This (although it be a large) yet it is not received as a full sa­tisfaction.

Besides, when They came into England, they published in a Remonstrance, That they would take nothing of the English, but what they would pay for, or give security. We have defrayed them hitherto, and are provided to doe it longer.

They did well remember, that we assisted them in the [Page 111]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.

Notwithstanding Sir, now that I have in part opened the state we are in though nothing so exactly as they have done theirs: I shall most willingly and heartily affoord the Scots whatsoever is just, Equitable and Honourable, even to a convenient, considerable round summe of Money, towards their losses and expences, That we may goe off with a friendly and handsome loos. If they reject it, we shall improve our Cause.

It was never yet thought Mr. Speaker, any great wise­dome over-much to trust a successeful Sword. A man that walkes upon a rising ground, the further he goes, the larger is his Prospect. Successe inlarges mens desires, extends their ambition, it breeds thoughts in them they never thought before; This is naturall and usuall.

But the Scots being truely touched with Religion, ac­cording to their profession, that onely is able to make them keep their word: for Religion is stronger and wiser than Reason, or Reason of State.

Beyond all this, Mr. Speaker, the remarkable Traces of Gods wonderfull Providence in this strange worke, are so many, so apparant, as I cannot but hope almost to beliefe: That the same all-governing mercifull hand, will conduct and lead us to a happy Conclusion, will contract a 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.

Another Speech of Sir Benjamin Rudyer in the High Court of Parliament.

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 could [Page 114]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.

Certainly Sir, this superintendencie of eminent men, Bi­shops over divers Churches, is the most Primitive, the most spreading, the most lasting Government of the Church. Wherefore whilest we are earnest to take away Innovations, let us beware wee bring not in the greatest Innovation that ever was in England.

I doe very well know, what very many doe very servent­ly desire. But let us well bethinke our selves, whether a popular Democraticall Government of the Church (though fit for other places) will be either sutable or acceptable to a Regall, Monarchicall Government of the State.

Every man can say, (It is so common and knowne a Truth) that suddaine and great changes both in naturall and Po­litick bodies have dangerous opperations: and give mee leave to say, that we cannot presently see to the end of such a consequence, especially in so great a Kingdome as this, and where Episcopacie is so wrap'd and involv'd in the Lawes of it.

Wherefore Mr. Speaker, my humble Motion is, that we may punish the present offenders, reduce and preserve the Calling for better men hereafter. Let us remember with fresh thankfulnesse to God, those glorious Martyr-Bishops who were burn'd for our Religion in the times of Popery, who by their learning, zeale, and constancy, upheld and convey'd it downe to us.

We have some good Bishops still, who doe Preach every Lords Day, and are therefore worthy of double honour; they have suffered enough already in the Disease: I shall bee sorry we should make them suffer more in the Remedy.

A message delivered from the Commons to the Lords of the Vpper House in Parliament, by Mr. Pym, Novemb. 11. 1640.

THe Knights, Citizens, and Burgesses, now assembled for the Commons in Parliament, have received in­formation of divers traiterous designes and practices of a great Peere of this House; and by vertue of a command from them, I doe here, in the name of the Commons now assembled in Parliament, and in the name of all the Com­mons of England, accuse Thomas Earle of Strafford, Lo. Lieutenant of Ireland, of high Treason: and they have commanded me further, to desire your Lordships that he may be sequestred from Parliament, and forthwith com­mitted to prison. They have further commanded mee, to let you know that they will within a very few dayes resort to your Lordships, with the particular Articles and grounds of this accusation. And they doe further desire, that your Lordships will thinke upon some convenient and fit way, that the passage betwixt England and Ireland, for his Majesties subjects of both Kingdomes, may be free, not­withstanding any restraint to the contrarie.

The Lord Lieutenant being required to withdraw, and after a debate thereof called in, kneeled at the Bar, and after standing up, the L. Keeper spake as followeth.

My Lord of Strafford:

THe House of Commons in their owne name, and in the name of the whole Commons of England, have [Page 117]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.

The further impeachment of Thomas Earle of Strafford by the Com­mons assembled in Parliament. 1640

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 Acts [Page 121]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.

And 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 [...] ­bility [Page 123]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.

5 That according to such his Declarations and Speeches, the said Earls of S r ffo [...]d did use and exercise a power above, [...]nd against, and to the subversion of the said fundame tall Laws, and established government of the said 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 of [Page 125]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 said [Page 126]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 to [Page 127]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 the [Page 128]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 made [Page 129]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 day [Page 130]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, taxe [Page 131]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.

And 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 the [Page 133]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.

And 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, [Page 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 & [Page 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 hearken [Page 137]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, with [Page 138]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: [Page 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 the [Page 140]said Earle of Strafford did use these or the like speeches: viz. That they deserved to be put to Fine and Ransom, and that no good would be done with them, till an ex­ample were made of them, and they were laid by the heeles, and some of the Aldermen hanged up.

26 That the said Earle of Strafford by his wicked Counsell having brought his Majesty into excessive char­ges without any just cause, he did in the month of Iuly last (for the support of the said great charges) counsell and approve two dangerous and wicked Projects: viz.

To seize upon the Bullion, and the money in the Mint.

And to imbase his Majesties Coyne with the mix­tures of Brasse.

And accordingly we procured one hundred and thir­ty thousand pounds which was then in the Mint, and belonging to divers Merchants, Strangers, and others, to bee seized on, and stayed to his Majesties use. And when divert Merchans of London, owners of the said Bullion, came to his house to let him understand the great mischiefe, that course would produce here, and in other parts, what prejudice it would bee to the Kingdome, by discrediting the Mint, and hindring the importation of Ballion: hee the said Earle told them, that the City of London dealt undutifully and unthank­fully with his Majesty; and that they were more ready to helpe the Rebell than to helpe his Majesty: and that if any hurt came to them, they may thank themselves: and that it was the course of other Princes to make use of such monies to serve their occasions.

And when in the same Moneth of Iuly, the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing the said money, hee told them that the French King did use to send Commissaries of Horse with Commission to search into mens estates, and to peruse their accounts, so that they may know what to levie [Page 141]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 advice [Page 142]of his, hee did contrary to the duty of his place betray his Majesties Armie then under his command, to apparent danger and losse.

All and every which Words, Counsells and Actions of the said Earle of Strafford traiterously and contrary to his allegeance to our Soveraigne Lord the King, and with an intention and endeavour to alienate and withdraw the hearts and affections of the Kings Liege people of all his Realmes from his Majesty, and to set a division betweene them, and to ruine and destroy his Majesties said Kingdomes. For which they doe further im­peach him the said Thomas, Earle of Strafford of High Treason a­gainst our Soveraigne Lord the King, his Crowne and Dignity.

The Earle of Bristowes Speech, the 7^th of Decemb. 1640.

MAY this dayes Resolution be as happy as the Proposition (which now moves me to rise) seasonable and necessary: for whether wee shall looke upon the King or the people, it did never more behoove us, the great Physi­tian the Parliament, to effect a true consent towards all parts, than now: This debate carries with it a double a­spect, towards the Soveraigne, and towards the Subject; though both innocent, both injured, both to be cured.

In the representation of Injuries, I shall crave your atten­tion: In the Cures, I shall beseech your equall cares, and better Iudgements: surely in the greatest humility I speake it, their illegall wayes are works and punishments of indig­nation.

The raising of Leavies, strengthened by Commission, with un-heard of instructions, the billiting of Souldiers, and by Lieutenants, and their Deputies, without leave have beene as if they would have perswaded Princes (nay worlds) the right of Empire had beene had to take away what they please by strong hands; and they have endeavou­red as farre as it was possible for them to doe it.

This hath not beene done by the King under the pleasing shade of whose Crowne I hope we shall ever gather the fruits of Iustice, but the Projectors have extended the Preroga­tive of the King beyond the limits, which mars that sweete harmony.

They have rent from us the light of our eyes, enforced Companies of guests upon us, worse than the Ordinary of France, vitiated of wives and daughters before our faces, brought the Crowne to greater want, than ever it was by anticipating the Revenue: And can the shepheard be thus smitten, and the sheepe not scattered?

They have introduced a Privie Councell, ravishing at once the spheares of all ancient government, imprisoning without Bayle or Bond. They have taken from us: what shall I say? indeed what have they left us? All meanes of supplying the King, and ingratiating our selves with him, taking the rootes of all propriety; which if it be seasonably set into the ground by his owne hand, we shall have instead of beauty baldnesse.

To the making of them whole, I shall apply my selfe, and propound a remedy to all these diseasis by one and the same thing: Hath King and People beene hurt, and by one and the same thing must they be cured; to vindicate what? new things? no our ancient sober vitall libertie, by reinfor­ming our ancient Lawes, made by our Ancestors, by setting such a Charter upon them as no licentious spirits should dare hereafter to enter upon them: And shall wee thinke that a way to breake a Parliament? no, our desires are mo­dest and just; I speake truely both for the interest of the King and people; if we enjoy not this, it will bee impossible to relieve him: Therefore let us feare they shall not bee ac­cepted by his goodnesse.

Therefore I shall discend unto my motions, which consists of foure parts, two of which have relation to the persons, two to the properties of goods. For the persons, the free­dome of them from imprisonment and from imployment a­broad, contrary to the ancient customes: for our goods, that no leavies be made but in Parliament.

Secondly, no billiting of Souldiers.

It is most necessary that these be resolved, that the sub­ject be secured in both: Then the manner in the second place be fit to det-ermine it by a grand Committee.

M^r. MAINARDS Speech before both Houses in Parliament, on Wednesday 24^th. of March, in reply upon the Earle of Straf­fords answer to his Arti­cles at the Barre.

I Shall repeat little of that which hath beene said, onely this; That whereas my Lord of Strafford did answer to many particulars; yet hee did not answer to that which was particularly objected a­gainst him; that is, that you were to heare the com­plaints of the whole Kingdome: now the particular of our aime, is to take off the vizard, which my Lord hath put on; wherein the truth and honour which is due to his Majestie, he would attribute to himselfe.

My Lords, there is one thing which I desire your Lordships to remember, it being the maine of our com­plaints.

The alteration of the face of government, and tradacing of his owne Lawes; and this is the burthen upon all the Lords and Commons of Ireland. Concerning the breach of Parliament, he would put it on Sir George Ratcliffe; but 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 twen­ty [Page 147]eight Articles, and I shall but touch the heads, that wee shall insist upon, and I thinke the best way to this, is to con­sider what he did before he went into Ireland, what then, and what since.

He hath encroached jurisdiction where none was, taking upon him a power to repell the lawes, and to make new lawes, and in domineering over the lives and goods, and what ever else was the subjects.

My Lords, this he hath not done onely upon the meaner sort, but upon the Peeres and auncient Nobilitie, and what may your Lordships expect, but the same measure at his hands here, as they have found there when he committed any to prison: if a Habeas Corpus were granted; the Officers must not obey, and if any Fine were put upon the Officer, for refusing them, there was a command that he should bee discharged: so that he did not onely take power to himselfe, but the Scepter of Iustice out of the Kings hand.

When he was a member of the house of Commons, it was his owne motion, all Ministers of state should serve the King, according to the lawes which he hath broken him­selfe.

He doth as much as say, that Fines shall not be payed by Officers, if in this they fulfill his commands, but those that release a prisoner upon a Habeas Corpus shall finde his dis­pleasure.

My Lords, if this had been a single Act, we should not have accused him of high Treason, but this hath beene his common course, and this we present to your Lordships con­sideration.

The next thing is, that in the North the people atten­ding for Iustice, you shall see what a dishonour he flung upon the sacred Majestie of the King, that did advance him: some of the Iustices (saith he) are all for Law, but they shall finde that the Kings little fingers is heavier then the Loynes of the Law.

My Lords, what a sad speech was this, and what sad Ac­cidents [Page 148]happened upon it, you all know, and he said in a so­lemne speech; That Ireland was a conquered Nation, and that the King might do with them what he would, their Charters were nothing worth, they did binde the King no longer then he pleased. Surely you may see what hee would do if he had power, but we hope never such coun­sell shall have acceptation in so gracious an Eare as our Soveraignes, and he doth not stay in words, but proceeds to Actions, when a Peere of the Kingdome was expel­led the Kingdome for suing at Law for recovering of his Right, he saith, he would have Ireland know that neither Law nor Lawyers should question any thing that he or­dered.

My Lords, he goes higher, for when there was an oc­casion to speake of an Act of State, he said it should bee as binding as an Act of Parliament.

My Lords, he cannot goe higher then this, hee tells them in Parliament; they were a Conquered Nation, and they must expect the usage of a Conquered Nation.

The Lord Mountnorris for a few words that fell from his mouth spoken privately at his Table, had a Counsell of warre called against him and was judged to death.

My Lords, it is no marvaile that he saie; That the Kings little finger should be so heavie, when his little too was so heavie to tread downe a Peere under his foote.

My Lords, he makes Lawes of himselfe, and hee makes a difference in matters of Iustice betweene the poore and the rich, but when he hath executed his pow­er upon the poore, he will fall upon the rich.

My Lords, he hath made that which was worth but five shillings to the value of twenty, and my Lords, by this he doth in effect take away what ere this commodi­tie is worth, he saith he doth it for the Kings gaine, but we shall make it appeare, that the Crowne hath lost, and he hath gained.

And for the Commodity of Flax my Lords, it is but a [Page 194]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.

My 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.

The Earle of Bristowes Speech in the High Court of Parliament upon the de­livering of by him the Scottish Remon­strance and Schedule of their charges.

OUr Ancestors were accustomed to 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 wisdom [Page 151]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 and [Page 152]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.

His Majesties Speech to both the Houses of Parliament, February 3. 1640.

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, shee [Page 160]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.

A Speech made by John Lord Finch, Lord Keeper of the great Seale of England, in the Commons house of Parliament.

I Do first present my most humble thanks to this Honourable Assembly, for this favour vouchsafed me, in granting me admittance to their presence, and doe humbly beseech them to beleeve it is no desire to preserve my selfe or my fortune, but to deserve the good opi­nions of those that have drawne mee hither.

I do professe in the presence of him that knoweth all hearts, that I had rather go from dore to dore, and crave Da obulum Belizario, &c. with the good opinion of this Assembly, then live and enjoy all the honours and fortunes I am capable of.

I doe not come hither with an intention to justifie my words, my actions, or my opinions; but to make a plaine and cleare narration for my selfe, and then humbly to submit to the wisedome and justice of this House my selfe, and all that concernes me.

I doe well understand (Master Speaker) with what dis­advantage any man can speake in his owne cause, and if I could have told how to have transmitted my thoughts and actions by a clearer representation of another (I doe so much [Page 170]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 accom­panied [Page 171]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 beene [Page 172]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.

Thereupon, 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 I [Page 174]would not say this, but that I know the God of heaven will make it appeare; and I beseech you that extravagant speeches may not move against that which is a positive and cleare truth.

Master Speaker, in the discourse of this (as is betweene Judges, some small discourses sometimes) yet never any cause wherein any Judges conferred, that were so little con­ference as between me and them.

Master Speaker, against a Negative, I can say nothing, but I shall affirme nothing unto you, but by the grace of God, as I affirme it to be true, so I make no doubt of making it ap­peare to be so.

This opinion was subscribed without Solicitation, there was not any man of us did make any doubt of subscribing our opinion, but two, Master Justice Hutton, and Master Iustice Crooke.

Master Iustice Crooke made not a scruple of the thing, but of the introduction, for it was thus:

That whereas the Ports & the Maritine Towns were con­cerned; there according to the Presidents in former times, the charge lay on them.

So when the Kingdome was in danger, of which his Ma­jesty was the sole Iudge; whether it was not agreeable to Law and reason, the whole Kingdome to beare the charge;

I left this case with Iudge Crooke.

The next Terme I spake with him, hee could give me no resolution, because hee had not seene the Writs in former times, but did give his opinion, that when the whole Kings dome was in danger, they of the defence ought to be borne by all.

So of that opinion of his, there was no need of a Soli­citation.

I speake no more here, than I did openly in my argument in the Chequer Chamber.

This is the naked truth: for Master Iustice Hutton, he did never subscribe at all.

I will onely say this, that I was so farre from pressing [Page 175]him to give his opinion, because he did ask time to consider of it, that I will boldly say, and make it good, that when his Majesty would have had him sometimes sent for, to give his opinion, I beseeched his Majesty to leave him to himselfe and his conscience; and that was the ill office I did.

The Iudges did subscribe in November or December, 1635.

I had no conference (nor truly I think) by accident any discourse with any of the Iudges touching their opinions; for till February 1636, there was no speech of it, for when they had delivered their opinions, I did returne according to my duty to my Master the King, and delivered them to him: in whose custody they be in.

In February 1636, upon a command that came from his Majesty, by one of the then Secretaries of State, the Iudges all assembled in Grayes-Inn, we did then fall into a debate of the case then sent unto us, and wee did then returne our opinion unto his Majesty; there was then much discourse and great debate about it.

Mine opinion and conscience at that time was agreeable to that opinion I then delivered.

I did use the best arguments I could, for the maintainance of my opinion; and that was all I did.

It is true that then at that time, Master Iustice Hutton, and Master Justice Crooke did not differ in the maine point, which was this;

When the Kingdome was in danger, the charge ought to be borne by the whole Kingdome.

But in this point, whether the King was the sole Judge of the danger? they differed.

So as there was betweene the first subscription, and this debate, and consultation, some 15 moneths difference.

It is true, that all of them did then subscribe, both Justice Hutton, and Justice Crooke, which was returned to his Ma­jestie, and after published by my Lord Keeper (my prede­cessour) in the Star-chamber.

For the manner of publishing it I will say nothing, but [Page 176]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, [Page 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,

I did acquaint those that were then Iudges, in the presence of the noble Lords, with such objections as I thought it my du­ty to offer unto them.

If they thought they were not objections of such waight, as were fit to stirre them, I would not doe the King that disservice.

They thought the objections had such answers as might well induce the like upon a conference with the whole Country, admitting mee to come and conferre with them, the Country did unanimously subscribe.

It fell out afterwards, that the King commanded me, and all this before I was chiefe Iustice, to goe into Essex, and did then tell me he had beene enformed, that the bounds of the Forrest were narrower, then in truth they ought to be; and I did according to his command.

I will here professe that which is knowne to many, I had no thought or intention of enlarging the bounds of the For­rest, further then H. and that part about it, for which there was a perambulation about 26 Edward 4.

I desired the Country to confer with me about it, if they were pleased to doe it; and then according to my duty, I did produce those Records which I thought fit for his Majesties service, leaving them to discharge themselves as by Law and Justice they might doe.

I did never in the least kind, goe about to overthrow the charter of the Forrest.

And did publish and maintaine Charta de Foresta, as a sa­cred thing, and no man to violate it, and ought to be preser­ved for the King and Common-wealth.

I doe in this humbly submit, and what I have done, to the goodnesse and Justice of this House.

M^r. Herbotle Grimstones second Speech in Parliament the 18. of December. 1640.

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 Strafford [Page 178] [...] [Page 179] [...] [Page 180]to all his great places and imployments; a fit spirit and in­strument to act and execute all his wicked and bloudy De­signes in these Kingdomes.

Who is it but hee onely that brought in Secretary Windi­bank into this place of service of trust, the very Broker and Pander to the Whore of Babylon.

Who is it Master Speaker, but hee onely that hath advan­ced all our Popish Bishops, I shall name but some of them, Bishop Manering, the Bishop of Bath and Wells, the Bishop of Oxford, and Bishop Wren, the least of all these birds, but one of the most uncleane ones. These are the men that should have fed Christs Flock, but they are the Wolfes that have de­voured them; the Sheepe should have fed upon the Moun­taines, but the Mountaines have eaten up the Sheepe. It was the happinesse of our Church, when the Zeale of Gods house eat up the Bishops, glorious and brave Martyrs, that went to the Stake in defence of the Protestant Religion: but the Zeale of the Bishops hath beene onely to persecute and eat up the Church.

Who is it Master Speaker but this great Archbishop of Canterbury, that hath sitten at the helme, to steere and to mannage all the projects that have beene set on foot in this Kingdome this tenne yeares last past: and rather then hee would stand out, he hath most unworthily trucked and cha­fered in the meanest of them; as for instance, that of To­bacco, wherein thousands of poore people have beene strip­ped and turned out of their Trades, for which they have ser­ved as Apprentizes: wee all know he was the Compounder and Contracter with them for the Licences, putting them to pay Fines, and a fee Farme rent to use their Trade certainly. Master Speaker, hee might have spent his time much better, and more for his Grace in the Pulpit, then thus sherking and raking in the Tobacco-shops. Master Speaker, we all know [Page 181]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.

SIR THOMAS ROE his Speech in Parliament, 1640.

IT is a generall opinion that the trade of England was never grea­ter; and it may be true, that if it be so, yet it will not absolutely conclude that the Kingdome doth increase in riches: for the Trade may by very aboundant, and yet, by consumption and importance of more then is expected, the stocke may waste.

The Ballance would be a true solution of the Que­stion, if it could be rightly had: but by reason it must be made up by a Medium of the Books of Rates, it will be very uncertaine.

Therefore we must seeke another rule that is more sensible, upon which wee may all judge, and that may be by the plenty or scarcity of money; for it is a true rule, If money increase, the Kingdome doth gaine by Trade; if it be scarce, it loseth.

Let us therefore consider, first, whether our Gold and Silver be not decreased, and then by what meanes it is drayned, and lastly, how it may be prevented, and what Remedies are appliable to effect it.

It is out of doubt our Gold is gone to travaile with­out Licence, that is visible beyond Seas, and every re­ceiver [Page 178]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.

Another 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: and [Page 180]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 for [Page 181]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: [Page 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, [Page 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 find [Page 184]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 busi­nesse [Page 185]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, is [Page 186]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 with [Page 187]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.

THE LORD FAUKLAND His SPEECH, Concerning EPISCOPACY.

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 conventicle [Page 189]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 tor­mented [Page 190]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 that [Page 191]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.

Master 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 of [Page 193] 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, [Page 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'd [Page 195]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 governe [Page 196]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 both [Page 197]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.

M^r. PYM His SPEECH, After the Articles of the Charge against the Earle of STRAF­FORD were read.

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 Civill [Page 199]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 uncapable [Page 200]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 him [Page 201]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.

M^r. PYM his SPEECH, After the Articles of the Charge against S^r. GEORGE RAT­CLIFFE were read.

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 of [Page 203]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.

M^r SPEAKERS SPEECH, At the presenting of these three BILLS, viz.
An Act • For the shortning of Michaelmas Terme. , • For the pressing of Mariners for the Kings Ships. , and • For the remainder of the six entire Sub­sidies. 

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.

In 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.

THE SPEECH OF Master Plydell, ESQUIRE.

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, fraught [Page 207]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 strike [Page 208]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.

M^r. RIGBYES SPEECH, In answer to the LORD KEEPERS last SPEECH, 1640.

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 all [Page 222]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 hanged [Page 223]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.

M^r. VVALERS SPEECH, In the HOUSE of COM­MONS, 1640.

I Will use no preface, as they use to doe who appeare men for some thing to which they would perswade and move their affections: I will onely propose what I conceive fit for the House to consider, and shall be no more concerned in the event then they that shall heare mee.

Two things I observe in his Majesties demands:

• First, the supply,
• Secondly, our speedy dispatch thereof.

Touching the first, his Majesties occasions for mony are but too evident; for to say nothing how wee are neglected abroad, or distracted at home, the calling of this Parliament and our sitting here (an effect which no light cause could in these times have pro­duced) is enough to make any reasonable man beleeve that the Exchequer abounds not so much in money, as the State in occasions to use it; and I hope we shall all appeare willing to disprove those who have thought to disswade his Majesty from this way of Parliament, as doubting and uncertaine, and to let him see that it is as ready and more safe for the advancement of his affaires, then any new or pretended old way what­soever.

Now (Master Speaker) for the speedy dispatch requi­red, which was the second thing, not onely his Maje­stie but Res ipsa loquitur; the occasion seemes to im­portune no lesse: necessity is come upon us like an armed man, and yet the use of Parliaments hereto­fore, (which appeare by the writs that call us hither) was to advise with his Majesty of things concerning the Church and common-wealth.

And, Master Speaker, it hath ever been the custome of Parliaments, by good and wholesome lawes to re­fresh the Common-wealth in generall, yea and to descend into the remedies of particular grievances, before any mention made of supply. Looke backe upon the best Parliaments, and still you shall finde that the last Acts are the free gift of the Subsidies on the peoples part, and generall pardons on the Kings part; even the wisest Kings have acquainted their Parlia­ments with their designes, and the reasons thereof, and then demanded the assistance both of their counsell and their purses: But (Master Speaker) Physicians (though they be called of the latest) must not stomach it, or talke what might have beene, but apply them­selves roundly to the cure; let us not stand too nicely upon circumstances, nor too rigidly post pose the mat­ter of supply, to the healing of our lighter wounds. Let us doe what possibly may be done with reason and honesty on our parts to comply with his Majesties desires, and to prevent the imminent ills which threaten us: but consider (Master Speaker) that they that thinke themselves undone can never apprehend themselves in danger, and they that have nothing left can never give freely, nor shall we ever discharge the trust of those that sent us hither, or make them be­leeve that they contribute to their owne defence and safety, unlesse his Majesty be pleased, first to restore them to the propriety of their goods and lawfull liber­ties, [Page 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 them [Page 227]willingly submit themselves to this late tax; and such is their naturall loves, and just esteeme of his Maje­sties goodnesse, that no late pressure could provoke them, not any example invite them to disloyalty or disobedience. But what is it then hath bred this mis­understanding betwixt the King and his people? How is it that having so good a King, wee have so much to complaine of? Why (Master Speaker) wee are told of the sonne of Solomon that hee was a Prince of a tender heart, and yet we see, by the advice of violent coun­sels, how rough an answer he gave to his people. That his finger should bee as heavy as his fathers loynes, was not his owne, but the voyce of some persons about him, that wanted the gravity of moderation requisite for the Counsellors of a young King. I love not to presse Allegories too far; but the resemblance of Jobs story with ours holds so well that I cannot but observe it to you. It pleased God to give his Enemy leave to afflict him more then once or twice, and to take all hee had from him, and yet he was not provoked to rebell so much as with his tongue, (although hee had no very good example of one that lay very neere him,) and felt not halfe that which he suffered. I hope his Majesty will imitate God in the benigner part too, and as he was severe to Job onely while hee dis­coursed with another concerning him, but when hee vouchsafed to speake himselfe unto him, began to re­buke those who had mistaken and mis-judged his Case, and to restore the patient man to his former prosperity: so now, that his Majesty hath admitted us to his presence, and spoken face to face with us, I doubt not but wee shall see fairer dayes, and be as rich in the possession of our owne as ever wee were. I wonder at those that seeme to doubt the successe of this Parliament, or that the misunderstanding betwixt the King and his People should last any longer, now [Page 228]they have so happily met. His Majesties wants are not so great, but that we may find meanes to supply him; nor our desires so unreasonable, or so incom­petible with government, but that his Majesty may well satisfie them. For our late experience (I hope) will teach us what rocks to shunne and how necestary the use of moderation is: And for his Majesty, he hath had experience enough how that prospers which is gotten without the concurrent good will of his people: never more money taken from the Subject, never more want in the Exchequer. If we looke upon what we have payd, it is more then ever the people of England did in such a time; if we looke upon what hath beene effected therewith, it shewes as if never King had beene worse supplyed; so that we seeme to have acted Belids part, whose punishment was to en­devour the filling of a Sive with water. Whosoever gave advice for these courses, hath made good the say­ing of the wise man, Qui conturbat domum suam possi­debit ventum. By new wayes they think to accomplish wonders, but in truth they graspe the winde, and are in the meane time saevus ambobus Achilles, cruell to us, and to the King too: for if the Common-wealth flourish, then hee that hath the Soveraignty can never want nor doe amisse, so as hee governe not according to the interest of others, but goe the shortest and the safest wayes to his owne and the common good, with regard how they stand in order to any private mans desires, or a preservation. The Kings of this Nation have alwayes governed by Parli­aments: And if wee looke upon the successe of things since Parliaments were layd by, it resembles that of the Grecians, Ex illo fluere & vetito sublapsa referri Rex Danaum, especially on the Subjects parts; for though the King hath gotten little, they have lost all: but his Majesty shall heare the truth from us, and wee shall [Page 229]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 reciprocally [Page 230]then as much love and reverence from the People: but these Preachers, more active then their Predecessors, and wiser then the Lawes, have found out a better forme of Government; the King must bee more absolute Monarch then any of his Predecessors, and to them hee must owe it, though in the meane time they hazzard the hearts of his people, and involve him into a thousand difficulties. For, suppose this forme of Government were inconvenient, and yet (Master Speaker) this is but a supposition, for these five hun­dred yeares it hath not onely mainteined us in safety, but made us victorious over other Nations; but (I say) suppose they have another Idea of one more conve­nient, wee all know how dangerous Innovations are, and what hazzard those Princes runne, that enter­prise the change of a long established Government. Now (Master Speaker) of all our Kings that have gone before, and of all that are to succeed in this happy race, why should so pious and so good a King bee exposed to this trouble and hazzard? besides that, Kings so diverted can never doe any great matter abroad. But (Master Speaker) whiles these men have thus bent their wits against the Lawes of their Coun­trey, whether they have neglected their owne Pro­vince, and what Tares are growne up in the field which they should have tilled, I leave it to a second consideration; not but that Religion ought to bee the first thing in our purposes and desires, but that which is first in dignity is not alwayes to precede in order of time; for, well-being supposes a being, and the first impediment which men naturally indevour to remove, is the want of those things without which they cannot subsist. God first assigned unto Adam maintenance of life, and gave him a title to the rest of the Creatures before he appointed a Law to observe. And let me tell you (if our adversaries have any such [Page 131]designe) as there is nothing more easie then to im­pose Religion on a People deprived of their Liber­ties, so there is nothing more hard then to doe the same upon Freemen. And therefore (Master Speaker) I conclude with this motion, that an order may bee presently made, that the first thing this House will consider of, shall be the restoring this Nation in gene­rall to the fundamentall and vitall Liberties, the pro­priety of our goods, and freedome of our Persons: and that then wee will forthwith consider of the sup­ply desired; and thus wee shall discharge the trust reposed in us by those that sent us hither, his Majesty will see that wee make more then ordinary haste to satisfie his demands, and wee shall let all those know that seeke to hasten the matter of supply, that they will so far delay it, as they give interruption to the former.

A Speech made by the Honoura­ble DENZELL HOLLES, Esquire, at a Con­ference by a Committee of both Houses of Parliament in the painted Chamber, May 4. 1641. in the presenting of the Protestation.

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 pri­marily [Page 233]seated, as the life bloud in the heart, and thence derived through the severall Judicatories, as through so many veines, into all the parts of this great collective Body) doth give warmth and mo­tion to every part and member, which is nouri­shed and enlivened by it: but being once preclu­ded, stopped, and seared up, as the particular must of necessity faint and languish, so must the whole frame of Government bee dissolved: and conse­quently Soveraignty it selfe, which as the heart in the body, is Primum vivens, & ultimum moriens, must dye and perish in the generall dissolution, and all things returne, as in the beginning, in antiquum Chaos.

They find the propriety of the subject invaded and violated, his estate rent from him by illegall Taxations, Impositions, Monopolies and Projects (almost upon every thing which is for the use of man) not onely upon superfluities, but necessaries; and this to enrich the vermine and caterpillers of the Land, and to impoverish the good subjects, to take the meate from the children, and give it to dogges.

My Lords, If we find these things so, wee must conceive, they must bee ill counsels which have brought us into this condition: These counsels have put all into a combustion, have discouraged the hearts of all true English men, and have brought two Armies into our bowels, which (as the Vulture upon Prometheus) eate through our sides, and gnaw our very hearts.

Hinc dolor: sed unde medicina?

Heretofore Parliaments were the Catholicon, the Balme of Gilead which healed our wounds, restored our Spirits, and made up all the breaches of the Land; But of late yeeres they have beene like the Fig-tree in the Gospel, without efficacy, without fruit, onely destructive to the particular members, who discharge their duties and con­sciences, no way beneficiall to the Common-wealth; Nobis exitiabile, nec Reipub. profuturum, as he said in Tacitus; commonly taken away, as Elias was, with a whirle-winde, never coming to any maturity, or to their naturall end; whereas they should bee like that blessed old man, who dyeth (plenus dierum) in a full age, after hee hath fought a good fight, and overcome all his enemies; as the shock of wheat which cometh in in due season, to fill our Granaries with Corne, uphold our lives with the staffe of bread.

For, Parliaments are our panis quotidianus, our true bread; all other wayes are but Quelques cho­ses, which yeeld no true nourisshment, breede no good bloud.

This very Parliament which hath sate so long, hath all this while but beaten the ayre, and striven against the streame; for I may truely say, winde and tide have still been against us.

The same ill counsels which first raised the storme, which almost shipwrackt the Common-wealth, do still continue; they blow strong like the East-wind that brought the Locusts over the land.

These counsels crosse our designes, east diffi­culties in our way, hinder our proceedings, and make all that we doe to be fruitlesse and ineffectu­all; they make us to bee not masters of our busi­nesse, and so not masters of money, which hath been the great businesse of this Parliament, that we might pay the Armies according to our promises and engagements.

For, (My Lords) our not effecting of the good things which wee had undertaken for the good of the Church and Common-wealth, hath wounded our reputation, and taken off from our credit.

Is it not time then (my Lords) that wee should unite and concentrate our selves in regard of this Antiperistasis and circumvallation of hurtfull and malitious intentions and practices against us? (My Lords) it is most agreeable to nature, and I am sure, most agreeable to reason, in respect of the present conjuncture of our affaires: for one maine engine by which our enemies work our mischiefe, is by infusing an opinion and belief into the world, that wee are not united amongst our selves; but that, like Sampsons Foxes, we draw severall waies, and tend to severall ends.

To defeate then the counsels of those Achito­phels, which would involve us, our Religion, our King, our Lawes, our Liberties, all that can bee neere and deare unto an honest soule, in one uni­versall and generall desolation; to defeate (I say) the counsels of such Achitophels, the Knights, Ci­tizens, and Burgesses of the House of Commons [Page 236](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.

M^r. Grimstons Speech in the High Court of Parliament.

THese Petitions which have beene now read, they are all Remonstrances of the generall and universall grievances & distempers that are now in the State and Government of the Church and Commonwealth: and they are not them alone, But his Majesties gracious Expressions the first day of Parliament, that calls me up to speak at this pre­sent, contrary to my owne Intentions.

Mr. Speaker, his Majestie, who is the head of the body po­litique, and the Father of the Common-wealth, hath com­plained first, declaring his sensiblenesse of our sufferings, and amongst other things, hath put us in mind of our grievances, and hath freely left it to our selves (for our redresse and re­paire therein) to begin and end, as we shall think fit. And this drawes mee on with much cheerefulnesse and zeale to contribute my poore endeavours to so great a work.

And Mr. Speaker, I conceive it will not be altogether im­pertinent for your direction and guidance in that great place, which by the favour of his Majestie, and this House you now possesse, a little to recollect our selves in the remembrance of what was done the last Parliament, and where we ended.

It will likewise be very considerable what hath bin done since that Parliament, and who they are that have beene the Authors and Causers of all our miseries and distractions, both before and sithence.

Mr. Speaker, the last Parliament, as soone as the House was setled, a Subsidiarie ayd and supply was propounded, and [Page 206]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.

• 1. The first was the priviledges of Parliament.
• 2. The second matters of Religion.
• 3. The third, the propriety of our goods and Estates.

And we began with the first, as the great Ark, in which the other two, Religion and property are included and pre­served.

Mr. Speaker, the violations complained of the last Parlia­ment, touching our priviledges, were of two sorts; either such as had beene done in Parliament or out of Parliament.

Concerning the violations of the first sort, it was resolved [Page 207]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 unexampled [Page 208]moderation. But what had they at last for all their paines, in attending the publique strince of the Common-wealth, As soone as ever the Parliament was ended, their Studies and Pockets were searched, as if they had beene Fellons and Traytors, and they committed to severall Goales, with an intention I am confident of their utter ruine and destruction, had they not fore-seene a danger approaching; For Master Speaker, if I be truly informed, an information was drawne, or at least, directions given for the drawing of it, against them in the Starre-Chamber.

Master Speaker, there hath beene since the last Parliament a Synod, and in that Synod a new Oath hath beene made and framed, and enjoyned to be taken.

Master Speaker, they might as wel have made a new Law, and enjoyned the execution of that, as enjoyned and urged the taking of the other, not being established by Act of Par­liament, and in point of mischiefe, the safety of the Com­mon-wealth, and the freedome and liberties of the Subject are more concerned in the doing of the one, then if they had done the other.

The next exception I shall take to it, is to the matter con­tained in the Oath it selfe.

Master Speaker, they would have us at the very first dash sweare in a damnable Heresie, that matters necessary to sal­vation are contained in the Discipline of our Church.

Whereas Master Speaker, it hath ever beene the tenet of our Church, that all things necessary to salvation are com­prehended and contained in the Doctrine of our Church on­ly; And that hath alwayes beene used as an Argument untill this very present, against Antidisciplinarians, to stop their mouthes withall; And therefore that for that reason they might with the lesse regret and offence, conforme and sub­mit [Page 209]themselves to the Discipline of our Church.

And Master Speaker, for prevention in case the Wisedome of the State in this great Councell, should at any time think fit to alter any thing in the government of our Church, they would anticipate and fore-stall our judgements, by making us sweare before-hand, that wee would never give our con­sent to any alteration.

Nay Master Speaker, they goe a little further, for they would have us sweare, that the government of the Church by Archbishops, Bishops, Deanes, Archdeacons, &c. is Jure divino, Their words are, as of right it ought to stand; Where­as Master Speaker, wee meet not with the name of an Arch­bishop, or a Deane, or an Arch-deacon in all the new Te­stament. And whatsoever may bee said of the Function of Bishops it is one thing: But for their Jurisdiction it is meerely Humana institutione, and they must thank the King for it.

As for their grosse, absurd, &c. wherein they would have men sweare they know neither what, nor how many fa­thome deepe: There is neither Divinity nor charity in it, and yet they would put that upon us.

Master Speaker, what they meant and intended by this new Oath, and their Booke of Canons, and their Booke of Articles, which they would have our Church-wardens sworne unto, to enquire of, and to present thereupon, I must confesse I know not, unlesse they had a purpose therein to blow up the Protestant Religion, and all the faithfull pro­fessors of it, and to advance their Hierarchie a step higher, which I suppose we all feare is high enough already.

Master Speaker, they have likewise in this Synod granted a benevolence, but the nature of the things agrees not with the name, for in plaine English it is six Subsidies to be paid [Page 210]by the Clergie in six yeares: And the penalty they have im­posed upon the refusers, for none-payment, is to be depri­ved of their Functions, to be stripped of their free-hold, and to be excommunicated, and this Act of their Synod is not published amongst their Canons, for which they might have some colourable seeming authority: But it comes out, in a Booke alone by it selfe in the Latine tongue, supposing as I conceiue that Lay-men are as ignorant as they would have them; And thus they think they dance in a Net.

And as in this, so in most of their new Canons if they bee throughly considered, any judicious man may easily dis­cerne and perceive, that they doe therein like Water-men that looke one way and rowe another, they pretend one thing, but intend nothing lesse; And certainly Mr. Speaker in this they have flowne a high pitch; For a Synod called together upon pretence of reconciling and setling Con­troversies and matters in Religion, to take upon them the boldnesse thus out of Parliament, to grant Subsidies, and to meddle with mens Free-holds, I dare say the like was ne­ver heard of before, and they that durst doe this, will doe worse if the current of their raging Tyrannie be not stopped in time.

Who are they (Master Speaker) that have countenanced and cherished Popery and Armianisme to that growth and height it is now come to, in this Kingdome?

Who are they (Master Speaker) that have given encou­ragement to those that have boldly preached those damnable Heresies in our Pulpits?

Who are they (Master Speaker) that have given authori­try, and licence to them that have published those Heresies in Print?

Who are they (Master Speaker) that of late dayes have [Page 211]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 may [Page 212]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.

THE LORD DIGBYES SPEECH IN THE HOVSE of Commons, to the Bill of At­tainder of the Earle of STRAT­FORD, the 21. Aprill. 1641.

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 House [Page 214]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. [Page 215] I 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 deale [Page 216]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.

The 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 with [Page 218] 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.

I 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, [Page 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.

CAPTAINE AVDLEY MERVINS SPEECH To the House of Commons in Ireland.

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, [Page 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 upon [Page 239]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 M^r. Speaker, our fellowes labouring Parliament in [Page 240] 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 can [Page 241]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 M^r Speaker, in a Parliamentary way, we must withdraw and enter into our own Sphear. Enter into a discusse of those objections, that impugne M^r 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 Magna [Page 242]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 (M^r. 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 (M^r. 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 say [Page 243] 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; [Page 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 M^r. 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, [Page 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 (M^r. 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.

CAPTAINE AVDLEY MERVINS Speech to the Lords in the Upper house in the Parliament March 4⁰. 1640.

I Am commanded by the Knights, Citizens, and Bur-Burgesses of the Commons House to present unto you Irelands Tragedie, the gray headed Common Lawes funerall, and the Active Statutes death and ob­sequies; this dejected spectacle answers but the prefigu­ring Type of Caesars murther, wounded to the death in the Senate; And by Brutus his bosome friend, our Caesars image by reflexion, even the fundamentall Lawes and Statutes of this Kingdome, the sole means by which our estates are confirmed, our liberties preserved, our lives secured, are wound to death in the Senate, I mean in the Courts of Justice, and by Brutus too, even by those per­sons [Page 247]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; [Page 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 [...] confirmed by 30. Parliaments in the succession of eight Kings, the violation of which hath severall times ingaged the Kingdome of England in a voluntary sacrifice: a Charter which imposeth that plea­sant and welbecomming oath upon all Soveraigntie, to vindicate and preserve the Immunitie thereof; before the [Page 249]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 determi­ned [Page 250]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, but in the cleer and diaphanous administra­tion of his Iustice, and what do these traytrous and illegall practise ayme at but in affront to his Maiesty (which we most tenderly resent) and discontent to his Subiects, to multiply as by a Magick glasse the royall dispensation of his favours into the ugly and deformed visage of their sup­pression of the liberties, devastations of the estates, and [Page 251]the deprivation of the lives of his loyall Subiects, so that it may be sayd; Regali Capiti cervicem consul equinan [...] Jungere sic vellet variasque inducere plumas.

My Lords, these ought to be considered with as serious an eare, as they were practised by mischievous expe­riments.

Inquire of the Netherlands why their fields are growne fertile, by the inundation of bloud, why the pensive Ma­trons solemnize too too frequent funeralls of their Hus­bands and issue, and they will answer you it was for the preservation of their hereditary Lawes, which Tyranny would have innovated.

This Kingdome personated in the sable habit of a wid­dow with dishelved hayrs seems to Petition your Lord­ships, that since she is a Mother to most of us, yet cer [...]ain­ly a Nurse unto us all, that you would make some other for redresse of her Tyrannicall oppression.

These persons impeached, resemble the opacious body of the earth interposed to eclipse that light and vigour, which the solar aspect of Maiesty would communicate unto his Subiects.

They imitate the fish Sepia, that vomits a darke li­quor out of her mouth to cloud the waters for her securer escape.

They are those to whom the keyes have been commit­ted, yet they have barred the door to them that knoc't.

They are those unnaturall Parents, that give their chil­dren stones, in stead of bread, and scorpions for fish. Was it for this purpose that the royall authority scituated them in these eminent places, that like Beacons upon high Hills, they should discover and proclaim each innova­tion and stratagem against the publique weale; whilest they in the mean time imploy therein fire to publique In­cendiary, or, like Ignes fatui, seduce the easie and belee­ving Traveller into pits and unexpected Myres?

Were they sworne to seale their damnation, and not [Page 252]their confirmation of our libertie, estates, and lives? Shall a man be censured for perjury, in that breach of his private Faith, and those be justifiable in Treason, ag­gravated by perjury against the dignity of the Crownes, and publique faith of the Kingdomes? No my Lords, the grave, judicious, and mature examination, and de­served punishment of these traiterous proceedings, will speak these times as glorious to posterity in their infor­mation, as they are now lamented in their persecution.

The bloud-thirsting sword of an hostile enemy, by a timely union, and a defensive preparation may be pre­vented.

The thin rib'd Carcasse of an universall famine, may have his consumption restored by a supply from our neighbouring Nations.

The quick spreading venome of infectious pestilence may be prevented by Antidotes, and qualified by phisicall remedies. But this Catholick grievance, like a snake in the most verdant walks, (for such are the unblemished lawes truly practised) stings us to death, when we are most secure; and like the Kings evill, can only be cured by his Majesties free and gracious permission of our mo­dest and gentle proceedings, for his vindication and our preservation therein concluded.

Spencer, and Gamston who have left their names monu­mentally odious for the evill counsell they fed the Kings ear with, yet did possibly advantage their own friends, while these dart their envie and Treason for a common Center, equally touching the bounds of every superfi­cies: for as concerning the valide estates they have ille­gally overthrown, when the Lawes by your Lordships industry receive their native vigour, they will re-assume their confirmation: but the estates happily in themselves legall, that they have in an extrajudiciall forme esta­blished, will haste as speedily to their dissolution, so that Judas-like they betray their best friends with a kisse.

My Lords, I cannot finde any surviving Cronologie of times, this season to be parallel'd with all circumstances, which makes me view the Records amongst the infernall spirits to finde, if match't there I might extenuate their facts: where 1. they appear like the false spirit sent in­to the mouth of the Prophet to Abab to speak delusions to subvert the host of God.

The most vehement and trayterous encounter of Sa­than, is lively deci hered in the true example of Job: where first, I observe the dismologie, he overthrowes not Jobs. Magna Charta, he d [...]sseizes him not of his inheri­tance, nor dispossesses him of his Leases; but only dis­robes him of some part of his personall estate: when he proceeds to infringe Jobs liberty, he doth not pillorie him, nor cut off his ears, nor bore him through the tongue; he only spots him with some ulcers; here Sathan stains, when these persons by their traiterous combinations, envie the very bloud that runs unspilt in our veines; and by obtruding bloody Acts, damn'd in the last Par­liament, will give Sathan size ace, and the Dice at Irish, in inthralling the lives of the Subjects by their arbitrary Judicature.

I would not my Lords be understood to impute to the Judges, and infallibilitie of error: nor in impeaching these, to traduce those, whose candor and integrity, shine with more admired lustre, then their white furres, who like tro­phees of virgin-justice, stood fixt and unmov'd in the rapid torrent of the times, while these like strawes and chips plai'd in the streams, untill they are devolv'd in the Ocean of their deserved ruine.

No my Lords, humanum est errare, and the Law al­lowes Writs of Error, and arrest of Judgement: but where there is crassa ignorantia against their Oath, a­gainst the Fundamentall, Elementary, and known Lawes of the Kingdome: Nay (my Lords where it is rather prae­medita [...]a malitia, where there is an emulating policie [Page 254]who should raze and embessell the Records in the pra­ctique, that are for the tender preservation of our liber­ties, estates, and lives, seeking only to be glorious in a nationall destruction, as if their safety were only invol­ved in our ruine, there I have command to pitty, but not excuse them.

To kill a Judge, quatenus a Judge, is not Treason, but to kill a Judge sitting in the place of Iudicature, is Treason; not for that the Law intends it out of any malice against the party, but for the malice against the Law: where then can an intensive, or an extensive ma­lice be exprest or implyed against the Law, then the pra­cticall dialect of these persons impeach't, speaks with a known and crying accent.

The Benjamites slang stones with their left hands, yet they would not misse a hairs breadth; these ex­trajudiciall proceedings are slung with the left, I meane they are sinistrious, and imprint their blacke and blew marks, more certaine, and more fatall; for that they may say, Quae regio in terris nostri non plena laboris? Though these things be familiar unto us, yet I cannot but admire how this unproportionable body of Iudicature should swell up into such a vast and ulcerous dimension, but why should I considering this excentrick motion of the body of the Law had his birth obscure, re­sembling the tares that were sowed in the night time, but here is the difference; they were sowne by the enemy in the absence of the Master: but these are sowne by the Grand-masters themselves, purposely to overtop and choak the expected Harvest.

Innovations in Law, and consequently in government, creep in like heresies in Religion, slily and slowly, plead­ing it the end a sawcy and usurp't legitimacy, by uncon­trol'd prescription.

My Lords, this is the first sitting, and I have onely chalked out this deformed body of high Treason: I have [Page 255]not drawn it at length, least it might fright you from the further view thereof: in conclusion, it is the humble de­fire of the Commons, that the parties impeached, may be secured in their persons, sequestred from this House, from the Counsell Table, and all places of Iudicature, as being Civiliter mortui; that they may put in their an­swers to the Articles ready now to be exhibited against them: and that all such further proceedings may be se­cretly expedited, as may be sutable to Iustice, and the precedents of Parliaments, so his Majesty may appeare in his triumphant goodnesse, and indulgency to his peo­ple: and his people may be ravisht in their dutifull and cheerefull obedience, and loyalty to his Maiesty: your Lordships may live in Records to Posterity, as the in­strumentall reformers of those corrupted times, and that the Kingdome and Common-wealth may pay an a­miable sacrifice in retribution, and acknow­ledgement of his Maiesties multiplyed providence for our preser­vation herein.

Sir Thomas Wentworths speech, XXij^d. Martij, 1627.

MAy this dayes resolution be as happy, as I con­ceive the proposition (which now moves me to rise) is seasonable and necessary, for whether we shall look upon the King or the people, it did never more behove this great Physitian the Parliament, to ef­fect a true consent towards the parties then now; This debate carryes with it, a double aspect, towards the So­veraign, towards the Subject, though both innocent, both injured, both to be cured.

In the representation of injuries, I shall crave your attention in the Cures; I shall beseech your equall cares, and better judgements (surely in the greatest humility, I speak it) these illegall waies are marks and punishments of indignation.

The raising of Leavies strengthned by Commission, with unheard of instructions, the billetting of Souldiers by Lievetenants without leave, have been, as if they could have perswaded Christian Princes (nay Worlds) the right of Empire had been to take a way by strong hand; and they have endeavoured, as far as was possible for them to do it.

This hath not been done by the King (under the plea­sing shade of whose Crown I hope we shall ever gather the fruits of Justice) but by Projectors, They have exten­ded the prerogative of the King, beyond the just Center, which was the sweet harmony of the whole.

They have rent from us the light of our eyes▪ inforced a company of Guests, worse than the Ordinaries of [Page 260] France, vitiated our wives and daughters before our fa­ces, brought the Crown to greater want than ever it was, by anticipating the Revenue, and can the Shephard be thus smitten, and the flock not scattered?

They have introduced a Privie Counsell ravishing at once the Spheers of all ancient government, imprisoning us without Bail or Bond. They have taken from us what shall I say (indeed what have [...]hey left us) all mean of sup­plying the King, and ingratiating our selves with him, taking up the roots of all propriety, which if it be not seasonably set into the ground by his Maiesties hand, we sh [...]ll have instead of beauty, baldnesse.

To the making of them whole I shall apply my self, and propound a remedy, to all these diseases, by one and the same thing hath the King and people been hurt, and by the same must they be cured, to vindicate what? New things? No. Our ancient, sober, vitall liberties, by reinforcing of the ancient Lawes made by our Ancestors, by setting such a Character upon them, as no licentious spirit shall dare hereafter to enter upon them. And shall we thinke this away to break a Parliament? N [...]. Our desires are modest and iust, I speak truly, both for the interest of the King and People. If we enjoy not those, it will be impos­sible to relieve him; Therefore let us never fear that they shall not be accepted by his goodnesse.

Wherefore I shall descend to my motions, which con­consists of four parts, two of which have relation to the persons two to the propriety of goods, for the persons, the freedome of them from imprisoning.

Secondly from employments abroad, contrary to the ancient customes for our goods, that no leavies may be made but in Parliament. Secondly, no billetting of Soul­diers: It is most necessary, that these be resolved, that the Subiects may be secured in both.

Then for the manner in the second place, it will be fit to determine it by a Grand Committee.

Sir Thomas Wentworths Speech 21. of Aprill, Anno, 1628.

TOo many instigations importune the sequell of my words; First, the equitie of your proceed­ings. Secondly, the honesty of my request, for I behold in all your intendments a singularity grounded upon discretion and goodnesse, and your consultations steered as well by Charity as extremity of justice.

This order and method I say of your procedings, to­gether with the importunity offered of the Subject in hand, have emboldned me to solicite an extension of the late granted protections in generall. The lawfulnesse and honesty of the propositions depends upon these two particulars.

• I. The present troubles of the parties protected, ha­ving run themselves into a further and almost irrecovera­ble hazards, by presuming upon, and feeding themselves with the hopes of a long continuing Parliament.
• II. Let the second be this consequence; That that which is prejudiciall to most, ought to minister matter of advantage to the rest; sith then our interpellations and disturbances amongst our selves are displeasing almost to all, if any benefit may be collected, let it fall upon those, for I think the breach of our Session can befriend none but such, nor such neither, but by means of the grant before hand. And because it is probable, that his Majesty may cause a Remeeting this next Michaelmas, Let thither also reach their prescribed time for liberty. And that till then their protections shall remain in as full vertue and autho­rity, as if the Parliament were actually sitting.

A Speech against the Judges, per Ignotum quendam.

IT was a custome among the Romans (who as by their power they once gave laws, so by the happy suc­cesse of their long flourishing Government, might they well give examples to all the world) that in their Senates the yongest men spake first: partly that they might not have their weaker notions anticipated by the more knowing Senators. And partly that the Senate might not be diverted from the mature resolutions of the more ancient by the interposition of the younger men; They as all free States ever allowing free members to expresse themselves according to their severall capacities. And me [Page 268]thinks 'twas a happy Method. So your opinions and in­clinations of the Assembly, being discovered and ripened to resolution by such gradations, the sentences of the Sa­ges sounded as Iudgements, not orations, their wisedome and gravity put a seasonable Period to others, perhaps o­therwise endlesse discourses.

Their precedent encourges me (who worst may) to break the Ice: Children can lay their fingers on the Sore, point out their pain; and Infant Graduates in Parliament, may groan out the grievances of a diseased Common­wealth, but they must be Doctors in the Art of Govern­ment that can apply apt remedies to recover it.

M^r. Speaker, Ancient and approved hath been that pa­rallell of the body politique with the body naturall: 'Tis the part of their Patients in either distempered, to impart freely their griefs to the Physitians of the body or state, if they expect a cure.

This Common-wealth is (or should be) but one body. This house, the great Physitian of all our maladies, and a­las, M^r. Speaker, of what afflicted part shall we poor Pa­tients complain first? Or rather of what shall we not complain?

Are we not heart-sick? Is there in us that which God requires, unity, purity, and singulari y of heart? Nay is not Religion (the soul of this body) so miserably distract­ed, that, I speak it with terrour of heart, 'tis to be feared, there is more confusion of religions amongst us, then there was of tongues at the subversion of Babell: And is it not then high time that we understand one another, that we were reduc'd to one Faith, one Government.

Sir, Is the Head whole: The sear of Government and Ju­stice, the Fountain from whose sweet influence, all the in­feriour members of this body should receive both vigour and motion: Nay, hath not rather a generall Apoplexy, or Palsie, taken, o [...]shaken all our members? Are not some dead? Others buried quick? Some dismembred, all disor­dered [Page 269]by the diversion of the course of Justice.

Is the Liver (Natures Exchequer) open; from whose free distribution each limb may receive his proper Nutri­ment, or rather is it not wholly obstructed? Our proper­ty taken from us? So that it may properly be said of us, Sic vos non vobis fertis aratra, our Ancestors drunk the juyce of their own Vines, reap'd and eat the fruit of their own harvest. But now the poor mans Plough goes to surrow the Seas, to build Ships: we labour not for our selves but to feed the excressions of Nature, things grown up out of the ruines of the naturall members. Mono­polists.

Sir, these are Maxima vitalia; Religion, Iustice, pro­perty; The Heart, the Head, the Liver of this great body, and these distempered or obstructed, can the subordinate parts be free? No sir, the truth is; all is so farre out of frame, that to lay open every particular grievance were to drive us into despair of cure; In so great confusion where to begin first, requires not much lesse care than what to apply.

M^r. Speaker, I know 'tis a plausible motion to begin with setting Gods House in order first: who presses that, moves with such advantage, that he is sure no man will gain-say him. 'Tis a welbecoming zeal to prefer Religion before our own affairs, and indeed 'tis a duty not to be o­mitted; where they are in equall danger: But in cure of the body, politique or naturall, we must prefer the most pressing exigents.

Physitians know that Consumptions, Dropsies, and such like lingering diseases are more mortall, more diffi­cult to cure then slight externall wounds: yet if the least Vein be cut, they must neglect their greater cures to stop that, which if neglected, must needs exhaust the stock of nature, and produce a dissolution of the whole man.

A Defection from the duties of our Religion is a Con­sumption to any State, no foundation is firm that is not [Page 271]laid in Christ.

The Deniall of Iustice, the abridgement of our liberties, is such an obstruction as renders the Common-wealth Leprous; but the wounds in our property lets out the life-blood of the people.

The Reformation of Church-Government must necessarily be a work of much time, and God be thanked the disease is not desperate; We serve one God, we believe in one Christ, and we all acknowledge and professe one Gospel. The differ­ence is onely de modo, we vary but in Ceremonies to re­duce which, to the Primitive Practice, must be a work of great debate, is not a work for us alone to settle.

The stop of Iustice can yet injure but particulars, 'Tis true, there may be many, too many instances of strange oppressi­ons, great oppressors, but 'twill be hard to judge the Con­clusion. Et sic de caeteris.

But take from us the propriety of our estates, our sub­sistence, we are no more a people. This is that veyn which hath bin so deep cut, so farre exhaust, that to preserve our being, we must doubtlesse stop this current: Then settle Rules to live by, when we are sure to live.

M^r. Speaker, he that well weighes this little word Pro­perty, or propriety in our estates, will finde it of a large extent; The Leeches that have suckt this blood, have bin Excise, Benevolences, Loans, Impositions, Monopolies, Mili­tary, Taxes, Ship-money (cum multis aliis) all which spring from one Root.

And is it not high time to grub up that root that brings forth such fruit? Shall we first stand to lop the branches one by one, when we may down with all at once? He that to correct an evill tree, that brings forth bad fruit, shall begin at the master bough, and so lop downwards, is in danger to fall himself before the tree falls. The safer and speedier way is to begin at the root, and there, with sub­mission to better judgements, would I lay the Axe

The Root of most of our present mischiefs, and the ru­ine [Page 271]of all posterity, do I hold, to be that extraiudiciall (Iudgement I cannot say, but rather) doom, delivered by all the Iudges under their hands out of Court, yet recorded in all Courts, to the subversion of all our Fundamentall Laws, Liberties, and Annihilation, if not Confiscation of our estates. That in case of danger, the King may impose upon his subiects, and that he is the [...]ole Iudge of the dan­ger, necessity, and proportion, which in brief, is to take what, when, and where he will, which though delivered in the time of a gracious and mercifull Prince, who we hope will not wrest it beyond our abilities, yet left to the Interpretation of a succeeding Tyrant, if ever this Nation be so fortunate to fall into the hands of such; it is a Re­cord wherein every man might reade himself a slave that reades it, having nothing he can call his own, all prosti­stute to the will of another.

What to do in such a case, we are not to seek for prece­dents, our Honorable Ancestors taught us in the just and exemplar punishments of chief Iustice, Tresilian and his Complices (for giving their judgements out of Parliament against the established Laws of Parliament) how tender they were of us, how carefull we ought to be to continue those Laws, to preserve the Liberty of our Po­sterity.

I am far from maligning the person, nor in my heart wish I the Execution of any man, but certainly it shall be a Iustice well becoming this House, to lay their Heads at his Maiesties mercy, who laid us under his feet, who had made us but tenants at will of our Liberties and Estates.

And though I cannot but approve of Mercy, as a great Vertue in any Prince, yet I heartily pray it may prove a Precedent as safe and usefull to this oppressed State, as that of Justice.

M^r. Speaker, blasted may that tongue be, that shall in the least degree derogate from the glory of those Halcyon [Page 273]dayes our fathers enjoyed, during the Government of that ever blessed, never to be fogot, Royall Elizabeth. But certainly I may safely say (without detraction) it was much advantage to the peace and prosperity of her Raign, that the great examples of Empson and Dudley were then fresh in memory: The Civility of our Laws tell us, that Kings can do no wrong, and then is the State secure, when Judges (their Ministers) dare do none. Since our times have found the want of such examples, 'tis fit we leave some to posterity. God forbid all should be thought or found guilty, there are doubtlesse some Ring-leaders, let us sift them out. In publique Government to passe by the Nocent, is equall injustice, as to punish the Innocent. An omission of that duty now, will be a guilt in us, render us sham'd in History, curst by Posterity, our gracious and (in that act of voluntary Justice) most glorious King, hath given up to the satisfaction of his afflicted People, the au­thors of their Ruines: the power of future preservation is now in us. Et qui non servat patriam, cum potest, idem facit destruenti patriam.

What though we cannot restore the damage of the Common-wealth, we may yet repair the breaches in the bounds of Monarchy. Though it be with our losse and charge, we shall so leave our childrens children, fenced as with a wall of safety, by the restauration of our Laws, to their ancient vigor and lustre.

'Tis too true, and 'tis to be feared, the Revenues of the Crown, sold out-right, would scarce remunerat the iniu­ries, repay the losses of this suffering Nation, since the pronouncing of that fatall sentence. What proportion­able satisfaction then can this Common-wealth receive, in the punishment of a few inconsiderable Delinquents? But 'tis a Rule valid in Law, approved in equity, that Qui non habent in crumen Luant in Corpore. And 'tis without all question in policy, exemplar punishments conduce more to the safety of a State, than pecuniary reparations; [Page 274]Hope of impunity lulls every bad-great-officer into security for his time, and who would not venture to raise a Fortune, when the allurements of honour and wealth are so prevalent, if the worst is can fall, be but Restitution.

We see the bad effects of this bold-erroneous opinion; what was at first but corrupt Law; by encouragement taken from their impunity, is since become false Doctrine, the people taught in Pulpits, they have no property, Kings instructed in that destructive principle, that all is theirs, and is thence deduc'd into necessary state-policy, whispered in counsell, That he is no Monarch, who is bounded by any Law.

By which bad consequences, the best of Kings, hath bin by the infusion of such poysonous positions diverted from the sweet inclinations of his own Naturall Equity and Justice, the very essence of a King taken from him, which is preservation of his people: and whereas Salus populi is, or should be, Suprema Lex, the power of undoing us, is masqu'd under the stile of what should be Sacred Royall Prerogative.

And is it not high time for us to make examples of the first authors of this, subverted Law, bad Counsell, worse Doctrine?

Let no man think to divert us from the pursuit of Iustice, by poysoning the clear streams of our affections, with jealous sears of his Majesties Interruption, if we look too high. Shall we therefore doubt of Iustice, because we have need of great Justice? We may be confident the King well knows, That his Iustice is the Band of our Allegiance: That 'tis the staffe, the proof of his Soveraignty.

'Tis a happy assurance of his intentions of grace to us, that our loyalty hath at last won him to tender the safety of his people: and certainly (all our pressures weigh­ed this 12 yeers last past) it will be found the passive loy­alty of this suffering Nation, hath our-done the active du­ty of all Times and Stories. As the Poet hath it, fortiter [Page 275]ille facit, qui miser esse potest: I may as properly say, Fide­liter fecimus, we have done loyally to suffer so patiently.

Then since our Royall Lord hath in mercy visited us, let us not doubt, but in his Justice he will redeem his peo­ple. Qui timidè rogat docet negare. But when Religion is innovated, our Liberties violated, our Fundamentall Laws abrogated, our modern Laws already obsoleted, the propriety of our Estates alienated. Nothing left us, we can call our own, but our misery and our patience: if e­ver any Nation might iustifiably, this certainly may now, now most properly, most seasonably cry out, and cry a­loud, vel Sacra Regnet Iustitia, vel Ruat Coelum.

M^r. Speaker, the summe of my humble motion, is, that a speciall Committee may be appointed, to examine the whole carriage of that Extraiudiciall iudgement. Who were the Counsellors, Soliciters, and subscribers to the same: the reasons of their Subscription, whether according to their opinions; by importunity or pressure of others, whether proforma tantum. And upon report thereof to draw up a charge against the guilty, and then Lex Currat, Fiat Iustitia.

Sir John Hollands Speech in Parliament, 1640.

THe time of actions are not for rethorick and elo­cution which emboldens me to rise; And though I must acknowledge my selfe to be one of the yongest Schollers, and meanest proficients in this great Sch [...]ole of wisedome, yet I conceive it a great part of my duty at this time both to deliver my suit and conscience. We are called hither Master Speaker by the Royall pow­er, we sit here by the Kings Majesties grace and favour, and since his Majesty hath beene graciously pleased to leave the government of all in our hands, I doubt not but we shall lay such a foundation in the beginning of this Parliament, that we shall make it a happy Age, a long lasting one since the dangers of these times, the pre­sent distempers of this State, and therein both his Maje­stie, and our necessities, yea and the whole Kingdomes safety do require it.

We are called now, Master Speaker, as I conceive from the reports you have made of his Majesties gracious Declaration, for foure principall causes. First, for sup­ply of his Majesties wants. Secondly, for the relief of our Brethren in the Northern parts. Thirdly, for the remove [Page 282]of the Scots forces. Fourthly, for redresse of ourowne grievances. That his Majesties wants are great and many, Master Speaker, I thinke there is no man doubts it; and it is as cer [...]ain out grievances are so to, they are great and many both in Church and Common-wealth; I shall but touch them in either, since they have been so fully remon­strated in both.

First in the Church, by the usurping power of some Prelates and their adherents, by which means many great dangers, innovations of doctrines, of discipline, of go­vernment have been thrust upon us.

Secondly in the Church, by publique sufferances of Priests and Jesuits, not only to come into the land, by which means the number of Romish Catholiks are dan­gerously multiplied, Idolatry increased, and Gods heavie judgements highly provoked.

Thirdly in the Common-wealth, by the late inunda­tions of the Prerogative Royall, which have broken out, and almost overturned all our liberties, even those which have been best and strongest fortified, the Grand Chartea it self. M^r. Speaker, that which hath been so oft, so solemnly confirmed in the Succession of so many Princes, ratified in his Majesties name, founded by the wisedome of for­mer ages, purposely to keepe the beame over and be­tween Soveraignty.

Even this Master Speaker, the dearest and chiefest part of our inheritance hath been infringed, broken, and set at nought in the Common-wealth by the over-potencie of some faire great ones, sacred Councellors of State; by whose advices it is thought the greatest part of these present distempers, under which the body of this Com­mon-wealth at this time labours, doe deprive their originalls.

Fourthly in the Common-wealth, by the mischievous practises and policies of some subtill Projectors, and un­der the title of the Kings profit, and the publique good; [Page 283]they have entitled themselves to great and vast estates, and that by the dammage of the whole Kingdome.

They are Master Speaker, the very moths and cankers that have fretten and eaten out all Trade and commerce, the very beauty, strength, and health of this famous Island.

In the Common-wealth, by the entertainment of For­raigners and strangers, and that at his Majesties excessive charge, by which means his Majesties Coffers are emp­tied, his Revenues shortned, and the whole Kingdome many other wayes oppressed. But Master Speaker, I shall not trouble my selfe any further in so vast, so large a field; I shall now represent my owne weak apprehen­sions for our progressions in all the particulars for which we have been called, and in all humility submit unto them.

First, of supply in his Majesties wants, I do humbly desire we may proceed there within its due time; and that with as much loyall dutie and liberality, as ever any peo­ple expressed towards their Prince, I think I may say the present affairs of the Kingdome require it.

For the reliefe of our Brethren in the Northern parts, with a sense of charity, and fellow feeling of the miseries, afflictions, and losses, In the removing of the Scottish Ar­mie with a soft and gentle hand of mediation, purifica­tion, and reconciliation, if possible it may be wrought with his Majesties honor, and the Kingdomes safety (if not) then to repell and repulse them with stout and reso­lute spirits, with valiant and united hearts and hands, such as shall best suite with our duty to God, our King, our Country; such as shall best become his honor, and ancient renowne of this English Nation.

In redresse of our grievances in those of the Church, which ought to have priority in our consultation; as well in respect of necessity, as dignity. In these Master Speaker, I do humbly desire, and doubt not but we shall [Page 284]proceed with all true piety, and well grounded on each guiding Helve towards Gods House, and his truth. In those of the Communalty, with a religious care of our Countries freedom, in the faithfull performance of the trust reposed in us, by them that sent us, in the preserva­tion of our rights, our ancient rights, the rights of our inheritance, our liberties, our priviledges, our pro­perties.

Yet in all, M^r. Speaker, I do humbly desire we may pro­ceed, as best suiting the matter and condition of these di­stempered times, or as best becoming the honour, dignity, and wisedom of this so great a Court, so great Councell, with all temper, modesty, and all due moderation.

SIR EDWARD HALE HIS SPEECH.

HIs Majesty hath been graciously pleased to call us together again, to consider freely of all matters of grievances, both of this Church and Common-wealth of England, and for to be assistants in our Counsels and helps unto him, about the Scottish Nation, that forceably have entred into our Kingdom, so as they may be ordered into their own Country, or chased away out of this, without any dishonour to the Kings Majesty and this Kingdome; [Page 285]all which matters are of great importance, moment, and consequence, and will crave great consideration and de­bating, in our best wills, wisedoms, and discretions, and that must be freely to give us leave.

First therefore, under your favour, I do conceive it fit to make this a happy Parliament, to begin at home; For better it were the Scots come unto us, than the devill should raise his Army, to overthrow us both in Church and Common-wealth▪

For it is too pla [...], he is come with great power, and his malice is great, and his policy strong, put into the heads of the Papists (no mean ones) and Prelates, Schis­maticks, and Atheists, in severall Bands, which hath and seeketh to prevail so much by their severall designes. Care­fully, lovingly, and dutifully mentioned, and rightly too by the Lords Petition at York, and by a Petition of the Citizens at London, and also by a Petition of worthy Gen­tlemens sons, Apprentices thereof, so reputed to be. All which show the whole estate of our Church and Com­mon-wealth to be grievously diseased of a Plurisie, and must have a present and good cure, or else England is over­thrown, which is the mother and Almoner of the Kings well-fare, and his posterity. Which disease, the King not fearing nor knowing, he had some ill counsell to let it run so farre in jeopardy of trouble and distresse: And herein give me leave to tell you the story of Noah, a King in the the Ark; yet after he was over-shot, and taken by the Vines of his own planting, and brought himself to some dishonour thereby, as some use our English Kings hereto­fore have done by their favourites, untill they saw it, and this is it that made the Papists and Prelates rejoyce in their own wisedom and honour, like Chams, that saw his father so deceived; but such deserve a curse for it, both of God and man, in respect of the matters contained in the foresaid Petitions of our English Lords, as also for that the former Parliament might have settled all things in [Page 286]quiet, enriched the Kings Coffers, enabled to withstand all powerfull pretences, and no doubt, but to have qualified the humour of the Scots, to all our contents. Therefore these deserve the curse of Cham that were movers and stop­pers, and hinderers of it.

When things might have been composed convenient, without warre or strife, and not upon so extreme necessi­ty, which is now brought upon us, and maketh the Scots proverb in use (necessity hath no [...]) for their defence.

But now our Proverb is drawn fr [...] thence, we must make a vertue of necessity, a hard case for a good take heed and counsell; For since the plot of an after intended warre, had an ill policy, that would wrong good Noah their father, and his children, in such a manner of proceed­ing, and then in glory and defence of it, against this House of Commons, cause a booke to be published against our proceedings, these men which were the cause of publish­ing of it, are fit to publish't as Noahs cursed son Cham, shamelesse. And we for our parts in the House of Com­mons, together with the higher House of Lords, I hope will not so leave them, but be rejecters of them, as good Shem and Japheth, acknowledging them to be vain mem­bers, that go about to supplant our wrong, the Vineyard, our just King and his Kingdom.

Now therefore consider the former, it shall be fit before we enter upon conference, to be strengthened and enabled for discharge of our well meaning both to our King and Country, answerable to his late speech, to gain and ob­tain his free love, consent, power on these three points and cautions, handled and moved the last meeting.

• First, free liberty of speech.
• Secondly, each ones right to our selves.
• Thirdly, for reformation of Religion.

And these things granted to proceed freely without de­lay of time or matters, to the cure of such deadly diseases if they be let alone.

First, I would conceive, under favour of bette judge­ments, to begin with Sathans Roots of evill, viz. All Papists, because they are of the most dangerous seed of the Serpent, to the hurt of the Church and Common-wealth herein; that we agree with a generall consent of Parliament, to search, see, and finde out all the Jesuits, Priests, Friars, Cappuchines, and all such Romish facti­ons; and by order to all the Justices of Peace in Eng­land, to imprison them, or to send them all to some out-Townes, to banish them all out of the Land speedily, while you be in other Councell here sitting, and thence to ship them away at their owne chages, and upon good bonds and security, that they never return into England, Scotland, or Ireland; and if they should, both the bonds and the Lawes to be executed upon them.

And for other long Inhabitants, Papist, and Recu­sants, such as may seeme honest Subjects (only for Re­ligion) the old orders and Statutes to be put in execu­tion, without the abatement of the penalties, till they shall conforme to our Religion; and if any have wincked, or underhand compounded for the time past, to be puni­shed, and made pay so much unto the Kings Cofers, as just­ly due by the Statute ever since King Charles his Raigne.

The first course and Act of Parliament being speedily put in execution whilest we sit here, will not only ex­cuse the pretended charity that Papists hope for from the King and Queen, but will also manifest the true piety against their heresies for ever, and will be a good satisfa­ction to the Scots, which make these one of the chiefest intents and causes of their comming into this Kingdome, which we wish they had no worse intents; and sure it will be a means to try their intents, and our owne too, and then we have hope to entreat the Scots to stay our leisures.

Sir John Wray his Speech touch­ing the Canons the 15. of December, 1640.

A Man may easily see to what tend all these inno­vations and alterations in Doctrine and Disci­pline, and (without perspect time) discover a farre off the active toylsomenesse of these spirituall Ingi­neeres to undermine the old and true foundation of Reli­gion, and establish their tottering heresie in Rome there­of, which least it should not hold being built with un­tempered morter: You see how carefull they are by a past oath to force mens consciences not to alter their go­vernment Archiepiscopall.

And Master Speaker, the thoughts of the righteous are right, but the counsells of the wicked are deceits, and nothing else in their hearts but destructions and de­vastations, but to the counsellors of peace is joy, so long as they kept themselves within the circle of the spirituall commerce, and studied to keepe mens hearts upright to God, and his Truth; there was no such complaining in our Streets of them, nor had we never seene so many thousand hands against them as now there are come in. And no marvell though God withdrawes so many hearts and hands from them, who had turned so many out of the way of truth, (vita tuta) they have stopt up but (via devia) they have enlarged and layd open, as appears by their crooked Canons,

Master Speaker, I shall not goe about to overthrow their government in the plurall, but to limit it, and qua­lifie it in some particulars. For Sir Francis Bacon long since well observed there two things in the government of Bishops, of which he could never be satisfied, no more can I; the first was the sole exercises of the authorities.

And secondly, by the deputation of that authority.

But Master Speaker, I shall not now dispute of either, for mine own part Master Speaker, I love some of them so well, and am so charitable to the rest, that I wish ra­ther their reformation, then their ruine.

But let me tell you withall, that if we should finde a­mongst them any proud Becket, or Wolsey Prelates, who stick not to write Ego & Rex meus. Or if there shall be sound any cruell Bonners, &c. such I confesse I would not spare, for they will spare none. But in the counter­ballance, if there may be found but one good Cranmer, or one good Latimer, or Ridley, I would esteeme and prize them as such jewels to be set in the Kings own Cabinet; for such I am sure will pray for the peace of Jerusalem, and for the peace of King Charles, and his three King­domes, which God long preserve in concord and unity.

But Master Speaker, we must also be Actors in the preservations of Religions concordance, which wil never be safe, nor well at quiet, untill these heavy drossie Ca­nons with all their base mettall be melted and dissol­ved; let us then dismount them, and destroy them, which is my humble motion.

A SECOND SPEECH made by Sir John Wray, in the Commons-House, 24. November, 1640.

BY the report made from the Committee of Reli­gion, you may see to what exorbitant height Po­perie is growne, and yet how slowly we go on to suppresse it. I feare God is displeased with us, or else no disaster should have prevented the sealing of our Covenant, when intended, and I hope it shall be performed the next Sabbath.

Had our Fast beene accepted, and our Humiliation Cordiall, no blow should have distracted our prepa­ration. Master Speaker, if we had taken the good Counsell of our Teachers at the Fast, and beleeved their Report, we had done well; and by this time (no doubt) we might have found out Achan with his Wedge of Godl, and Babilonish garment. But we have spent our time onely in peeling of the Barke, [Page 291]and snatching the boughes and branches of Poperie, and that will doe us no good, for they will prove, and grow thicker and harder.

What must we do then, Master Speaker, to preserve our Religion safe and sound to us and to our Poste­rity, that our Candlesticke be not removed. The only way is to fall to our worke in earnest, and lay the Axe to the Root, to unloose the long and deepe fangs of Poperie and Superstition, which being once done, the bodie will soone fall downe.

Let us then Master Speaker, endeavour a through Reformation; for if it be imperfect, it will prove the seed of dissolution, if not dissolutions, which God forbid. and to prevent it, I shall humbly move that the Groves and High-places of Idola­try may be removed and put down, and then Gods wrath will be appeased, and till then never.

M^r. GRIMSTONS SPEECH, In the House of Commons IN PARLIAMENT, CONCERNING EPISCOPACY, In Feb. 1640.

THese two honorable Lords, Lord Digby, Lord Faulkland, that spake last, have not only prevent­ed me in much I intended to have spoken my self, but they have likewise taught me much I knew not before; Therefore it is not much you can expect from me: All that I shall say at this time, is rather to prepare the matter for the question, which hath already been so learnedly deba­ted by them, than to speak any thing of the matter it self. I must confesse, when I look upon the Bishops, or at least, upon some of them, and the way of their Govern­ment, and the sufferings of the people, under their Ty­ranny: I wonder not at all at the multitude of Petition­ers and Petitions, that have this Parliament been prefer­red against them, and that they all cry out, Crucifie Cru­cifie, or that they would have been up by the roots, but it [Page 295]is necessary we should distinguish between the persons of the Bishops, which are so obnoxious, and their Fun­ctions and Offices; for there is no more weight in the Ar­gument, that because the Bishops have done amisse, there­fore take away Episcopacy, than there is in it, because the Judges of the Common Law are in fault, therefore take away Judges, and take away the Common Law: For my own part; I conceive it an easier matter, and safer for us, (Addere Inventis) to reform what is amisse in them and their Government, then (Creare Novum) to set up a new form of Goverment, w^ch we have had no experience of, nor do we know how it should suit either with the humours of the people, or with the Monarchiall Government; And it may be the new Government which is so much de­sired, if it be brought in upon the grounds and foundati­ons that some would have it, it will be out of our powers ever to minister it again. Whereas on the other side, the Government which is already established, if the Gover­nours exceed their bounds, they may fall into a Premuni­re, and other penalties which the Law hath provided in that Case; and if that be not sufficient, we have yet ano­ther hanck upon them, for our Parliaments have continu­ally a command over them.

Then, Sir, It may be demanded of me of their being so much amisse, what is that I would have done?

Truely Sir, I am of opinion, that much must be done, or else we had as good do nothing.

Therefore I come to the particulars, Church Govern­ment may be compared to a Castle, let a Castle be never so strong, once in four-score yeers (for so long it is since the first reformation) it may need repair, and it is not the Castle alone, I mean the Government, that needs repair, but likewise the Governours themselves, who most wic­kedly and trayterously have turned their Canons upon us, which should have been used for our defence.

In the first place therefore I conceive it not onely con­venient, [Page 296]but of absolute necessity, and the payring of their excrescences, I mean their temporall Jurisdiction: I must confesse, I know not to what purpose they should sit upon our Benches at our Sessions of the Peace, and Goal-Deliveries, or in the Starre-Chamber, for by wo­full experience, we finde that their Judgements are guid­ed there more by their boundlesse wills, and fiery trans­ported passions, than by reason, and the rule of Law, which ought to have been their director. I conceive that of lesse use their sitting at the Councell boord, to be there at the Helm to guide and steer the temporall affairs of the Common-wealth, certainly that is not the Plough they ought to follow, and by the neglecting of it, that is the reason that so many briers, brambles, and stinking weeds, are sprung up in Gods House, the Church, to the great destruction of all his Majesties Kingdoms here at home, and the great wonder and amazement of all the reformed Churches abroad.

And I conceive it of the least use of all their sitting in Parliaments, as powers to give their voices in the making of Laws; and yet I would not utterly exclude them. For I conceive it might be convenient that all, or at least, some of them might alway be present there as Assistants, to give their advice in Spirituall matters when they are thereun­to required by the Lords, as the Justices do in Temporall.

In the next place I conceive it of, as absolute necessity, the robbing of the Jurisdiction of the high Commission Court, or at least, to limit and bound it, that it may (quadrare) with the great Charter of our liberties, and the Laws of this Kingdom.

This Court hath for many yeers together, ridden upon the back of the common Law Courts, which ought to have been subservient to them. Each river must be kept with­in its, own bounds, and it is unpossible to have two Suns shine together in one Firmament.

They have likewise many superfluous Courts, which I [Page 215]conceive might very well be spared, as their Officiall Courts, and Commissary Courts. Sir, they are no better than cozening Lotteries, where the Kings Subjects are detained of their moneyes, and where their Judges and inferiour Officers do, like Physitians that alway cure them­selves, though they destroy their patients. I confesse, I could willingly give my consent that they should keep their Chancellors Court, and an Archdeacon Court, if such limits and bounds were put upon them, as by the wisedom of this House may easily be done.

The Chancellor is (custos consciencie) the Keeper of the Bishops conscience, and the Archdeacon is (oculus Episc.) the Bishops eye; And as I would not take away their con­sciences or their eyes, so I would not have them like Bri­arius have their finger in every businesse. This Sir, I have shortly presented you with my opinion, that is, that I am not willing it that should be referred to, or commit­ted upon the point of subversion, but I am willing it should be referred upon the point of reformation. And if the sence of the House shall run that way, I doubt not but at the Commitree I shall make it manifest, that my heart stands affected with as much zeal, for the having a reformati­on, as any man that sits within these walls.

DENSELL HOLLIS Esquior, His speech at the deliverie of the Protesta­tion to the LORDS, May the fourth, 1641.

THe Kuights, Citizens and Burgesses of the House of Commons, having taken into their conside­ration the present estate and condition of this Kingdome, they finde it surrounded with variety of per­nicious dangers, and destructive designes, practises and plots, against the well being of it, and some of those de­signes, hatched within our owne bowells, and Viper-like working our own destruction.

They finde Jesuits, and Priests conspiring with ill mi­nisters of State, to destroy our Religion; they finde ill ministers conioyn'd together to subvert the Lawes and liberties. They finde obstructions of Justice, which is the life-bloud of every State, and having a free passage from the Soveraign power, where it is as primarily seated as the life-bloud in the heart, and there derived from the severall Judicatories, or through so many veins, into all the parts of this great collective Bodie, doth give warmth [Page 297]and motion, to every part and member, which is nouri­shed and inlivened by it. But being once precluded stoppd, and reared as the particular must of necessity faint and languish, so must the whole frame of govern­ment be dissolved.

And consequently Soveraignty it selfe (which as the heart in the body, is primum movens, & ultimum moriens, must dye and perish in the generall dissolution, and all things as in the beginning in antiquum Chaos.

My Lords,

They finde the property of the Subject invaded and violated, his estate rent from him by illegall taxations, Monopolies and proiects almost upon every thing that is for the use of man, not only upon superfluities, but ne­cessaries? and that enrich the Vermine and Caterpillers of the Land, and impoverishing good Subiects, to take the meat from the Children, and give it to Dogs.

My Lords, if the Commons finde these things, they conceive they must needs be ill counsels, that have brought us into this condition.

These Counsels have put all into a combustion, have discouraged the hearts of all true English men, and brought two Armies into our bowels, which is the Unl­ture upon Prometheus, eats through, and sucks and gnaws our very hearts out.

Hic Dolor, sed ubi Medicina?

Heretofore Parliaments were the Catholicall, the balm of Gilead, which healed our wounds, restored our spirits, and made up the breaches of the Land.

But of late years they have been like the Fig-tree in the Gospel, without effecacie, without fruit, onley destru­ctive to their particular members, who discharged their duties and consciences no way beneficiall to the Com­mon-welth. Nohis exitiale, nec Reipublico profuturum. As he saith in Tacitus, being taken away still as Elias was with a whirle-wind, never comming to any maturity, or [Page 298]to their naturall end, whereas they should be like the blessed old ma [...], who dieth, plenus dier [...], in a full ago, after he had fought a good fight, and overcom [...] all his e­nemies, Or as the sh [...]cke of wheat, w [...]ich commeth in due season to fill our Garnaries with corn, uphold our lives with the staffe of bread; for Parliaments are our panis quotidianus, our true bread, all other waies are but Quelkachees which yeeld no true nourishment, bread, nor good blood.

The very Parliament which hath sate so long, hath but beat the Ayre, and strive against the streame, I may truly say the wind and tyde hath still been against us. The same ill counsell which first raised the storm, and almost ship­wrackt the Common-wealth, they still continue, they blow strong like the East wind that brought the Locusts over their Counsells, crosse our designes, cast difficulties in our way, hinder our proceedi [...]gs, and make all that we do to be fruitlesse and ineffectuall: They make us not masters of our busines, and so not masters of many, which have been the great busines of this Parliament, that we might pay the Armies, according to our promises and en­gagements.

For my Lords, our not effecting of the good things which we have undertaken for the good of the Church and of the Common-wealth, hath wounded our Reputa­tion, and taken off from our credit.

Is it not time then, my Lords, that we should unite, and concentrate our selves, in regard of this Anteparisia­sis, of hurtfull and malicious intentions and practises a­gainst us.

My Lords, it is most agreeable to nature, and I am sure most agreeable to reason, in respect of the present coniun­cture of our affairs, for one main Engine by which our e­nemies work our mischief, is by infusing an opinion and b [...]lei [...] into the world, that we are not united among our selves. But like Sampsons Foxes, we draw severall wayes, and tend to our severall ends.

To defeat the Counsels of these Achitophels which would involve us. Our Religion, our being, our Lawes, our liberties, all that can be neere and deere unto an he­nest soule, in one universall and generall desolation, to defeat I say, the Counsels of evill Achitophels, the Knights, Citizens and Burgesses of the House of Commons (know­ing themselves to be specially entrusted with the preser­vation of the whole, and in their Conscience are perswa­ded that the dangers are so eminent, as they will admit of no delay) have thought fit to declare their united af­fections, by entring into an assosciation amongst them­selves, and by making a solemne Protestation and vow unto their God, that they will unanimously endeavour to oppose and prevent the Counsels and Counsellours which have brought upon us all these miseries, and the fears of greater, to prevent the ends, and bring the Au­thors of them to condigne punishment, and thereby dis­charge themselves better before God and man.

The Protestation your Lordships shall have read unto you, together with ground and reasons which have in­duced the House of Commons to make it, which are prefixed before it by way of Preamble. Then the Protestation was read by Master Maynard.

The first Speech concerning the the right of Bishops to sit in Par­liament, May 21. 1641.

I Shall take the boldnesse to speak a word or two up­on this subject, first as it is in it self, then as it is in the consequence: For the former I think he is a great stranger in Antiquity, that is not well acquainted with that of their sitting here, they have done thus and in this manner, almost since the conquest, and by the same pow­er and the same right the other Peers did, and your Lordships now do, and to be put from this their due, so much their due, by so many hundred yeers strengthned and confirmed, and that without any offence, nay pre­tence of any, seems to me to be very severe; if it be jus, I dare boldly say it is summum. That this hinders their Ecclefiasticall vocation, an argument I heare much of, hath in my apprehension more of shadow, then in sub­stance in it: if this be a reason, sure I am it might have been one six hundred yeers ago.

A Bishop, my Lords, is not so circumscribed within the circumference of his Diocesse, that his sometimes absence can be termed, not in the most strict sense a neglect or hindrance of his duty, no more than that of a Zievetenant from his Count y, they both have their subordinate Mi­nisters, upon which their influences fall, though the di­stance be remote.

Besides my Lords, the lesser must yeeld to the greater [Page 306]good, to make wholesome and good Lawes for the happy and well regulating of the Church and Common-wealth, is certainly more advantagious to both, then the want of the personall execution of their office, and that but once in three years, and then peradventure but a moneth or two, can be prejudiciall to either. I will go no further to this, which experience hath done so fully, so demonstra­tively.

And now my Lords, by your Lordships good leave, I shall speak to the consequence, as it reflects both on your Lordships, and my Lords the Bishops. Dangers and in­conveniencies are ever best prevented è longinquo; this president comes neer to your Lordships, and such a one, mutato nomine de vobis. Pretences are never wanting, nay, sometimes the greatest evils appeare in the most faire and specious out-sides, witnesse the Shipmony, the most abo­minable, the most illegall thing that ever was, and yet this was painted over with colour of the Law; what Bench is secure, if to alleage be to convine, and which of your Lordships can say then he shall continue a member of this House, when at one blow twenty six are cut off. It then behoves the Neighbour to look about him, cum proximus ardet Vcalegon.

And for the Bishops, my Lords, in what condition will you leave them? The House of Commons represents the meanest person, so did the Master his slave, but they have none to do so much for them, and what justice can tie them to the observation of those Lawes, to whose consti­tution they give no consent, the wisdome of former times, gave proxies unto this House meerly upon this ground, that every one might have a hand in the making of that, which he had an obligation to obey: This House could not represent, therefore proxies in roome of persons were most justly allowed.

And now my Lords, before I conclude, I beseech your Lordships to cast your eyes upon the Church, which I [Page 307]know is most dear and tender to your Lordships, you will see her suffer in her principall members, and deprived of that honor which here and throughout all the Christian World, ever since Christianity she constantly hath enjoy­ed; for what Nation or Kingdome is there, in whose great and publike assemblies, and that from her beginning, she had not some of hers if I may not say as essentiall; I am sure I may say as integrall parts thereof; and truly my Lords, Christianity cannot alone boast of this, or challenge it only as hers, even Heathenisme claims an equall share.

I never read of any of them, Civill, or Barbarous, that gave not thus much to their Religion, so that it seems to me to have no other originall, to flow from no other spring than Nature it selfe.

But I have done, and will trouble your Lordships no longer, how it may stand with honor and justice of this House to passe this Bill, I most humbly submit unto your Lordships, the most proper and only Juges of them both.

The second Speech about the lawfulnesse and convenieny of their intermedling in Temorall Affaires.

I Shall not speake to the Preamble of the Bill, that Bi­shops, and Clergie men ought not to intermeddle in temporall offairs. For, truly my Lords, I cannot bring it under any respect to be spoken of. Ought is a word of relation, and must either refer to humane or divine Law [Page 308]to prove the lawfulnesse of their intermedling by the former, would be to no more purpose, than to labour to convince that by reason, which is evident to sense. It is by all acknowledged. The unlawfulnesse by the latter, the bill by no means admits of, for, it excepts Universities and such persons as shall have honour descend upon them. And your Lordships know, that circumstance and chance alter not the nature and essence of a thing, nor can except any particular from an universall proposition by God himself delivered. I will therefore take these two as gran­ted, first that they ought by our Law to intermeddle in temporall affairs, secondly, that from doing so they are not inhibited by the Law of God, it leaves it at least as a thing indifferent. And now my Lords, to apply my self to the businesse of the day, I shall consider the convenien­cy, and that in the severall habitudes thereof, but, very briefly; first, in that which it hath to them meerly as men; qua tales, then as parts of the Common-wealth, Thirdly, from the b [...]st manner of constituting laws, and lastly, from the practice of all times both Christian and Heathen.

Homo sum nihil humanum à me alienum puto, was indeed the saying of the Comedian, but it might well have be­com'd the mouth of the greatest Philosopher. We allow to sense all the works and operations of sense, and shall we restrain reason? must onely man be hindered from his pro­per actions? They are most fit to do reasonable things that are most reasonable. For, Science commonly is accompa­nied with conscience; So is not ignorance: they seldome or never meet. And why should we take that capacity from them, which God and nature have so liberally bestowed?

My Lords, the politike body of the Common-wealth is analogicall to the body naturall: every member in that contributes something to the contribution of the whole, the superfluity or defect which hinders the performance of that duty, your Lordships know what the Philosopher calls [...], Natures sin. And truely my [Page 302]Lords, to be part of the other body, and do nothing benefi­ciall thereunto, cannot fall under a milder term. The com­mon-wealth subsists by laws and their execution: and they that have neither head in the making, nor hand in the exe­cuting of them, conferre not any thing to the being or well being thereof. And can such be called members, un­lesse most unprofitable ones? onely fruges consumere nati.

Me thinks it springs from nature it self,3 or the very depths of Justice, that none should be tied by other Laws than himself makes, for, what more naturall or just, than to be bound onely by his own consent? to be ruled by an­others will, is meerly tyrannicall. Nature there suffers violence, and man degenerates into beast. The most flour­ishing Estates were ever governed by Laws of an univer­sall constitution; witnesse this our Kingdom, witnesse Senatus populusque Romanus, the most glorious Common-wealth that ever was, and those many others in Greece, and elsewhere, of eternall memory.

4 Some things, my Lords, are so evident in themselves, that they are difficult in their proofs. Amongst them I reckon this inconveniency I have spoken of: I will there­fore use but a word or two more in this way. The long experience that all Christendom hath had hereof for these 1300 yeers, is certainly, argumentum ad bominem. Nay my Lords I will go further (for the same reason runs tho­row all Religions) never was there any Nation that em­ployed not their religious men in the greatest affairs. But to come to the businesse that lies now before your Lord­ships, Bishops have voted here ever since Parliaments be­gan, and long before were imployed in the publike. The good they have done, your Lordships all well know, and at this day enjoy for this I hope ye will not put them out, nor for the evill they may do, w^ch yet your Lordships do not know, and I am confident never shal suffer. A position ought not to be destroyed by a supposition, & àposse ad [Page 310]esse non valet consequentia. My Lords, I have done with pro­ving of this positively, I shall now by your good favours do it negatively in answering some inconveniences that may seem to arise.

Object. 1 For the Text, No man that warres, intangles himself with the affairs of this life; which is the full sense of the word both in Greek and Latine, it makes not at all against them, except to intermeddle and intangle be tearms equi­valent. Besides my Lords, though this was directed to a Church-man, yet it is of a generall nature, and reaches to all, Clergy and Laity, as the most learned and best expo­sitors unanimously do agree. To end this, Argumentum symbolicum non est argumentativum.

Object. 2 It may be said that it is inconsistent with a spirituall vocation; truely, my Lords, Grace and Nature are in some respects incompossible, but in some others most harmoni­ously agree, it perfects nature, and raises it to a heighth above the common altitude, and makes it most fit for those great works of God himself, to make Laws, to do Iustice. There is then no inconsistency between themselves, it must arise out of Scripture, I am confident it doth not formally out of any place there, nor did I ever meet with any learn­ed Writer of these or other times, that so expounded any Text.

Object. 3 But though in strict tearms this be not inconsistent, yet it may peradventure hinder the duty of their other cal­ling. My Lords, there is not any that sits here, more for preaching than I am. I know it is the ordinary means to salvation, yet, I likewise know, there is not that full ne­cessity of it as was in the primitive times. God defend that 1600 yeers acquaintance should make the Gospel of Christ no better known unto us. Neither, my Lords, doth their office meerly and wholly consist in preaching, but partly in that, partly in praying, and administring the blessed Sacraments, in a godly and exemplary life, in whol­some [Page 311]admonitions, in exhortations to vertue, dehortati­ons from vice, and partly in easing the burdened consci­ence. These, my Lords, compleat the office of a Church­man. Nor are they altogether tied to time or place, though I confesse they are most properly exercised with­in their own verge, except upon good occasion, nor then the omission of some can be tearmed the breach of them all. I must adde one more, an essentiall one, the very form of Episcopacy, that distinguisheth it from the inferiour Ministry, the orderly and good government of the Church, and how many of these, I am sure, not the last, my Lords, is interrupted by their sitting here, once in 3 yeers, and then peradventure but a very short time: and can there be a greater occasion than the common good of the Church and State? I will tell your Lordships what the great and good Emperour Constantine did, in his expedition against the Persians, he had his Bishops with him whom he con­sulted with about his military affairs, as Eusebius has it in his life, lib. 4. c. 56.

Object. 4 Reward and punishment are the great negotiators in all worldly businesses; these may be said to make the Bishops swim against the stream of their consciences, and may not the same be said of the Laity? Have these no operations, but onely upon them? Has the King neither frown, ho­nour, nor offices, but onely for Bishops? Is there is nothing that answers their translations? Indeed, my Lords, I must needs say that in charity, it is a supposition not to be sup­posed; no, nor in reason, that they will go against the light of their understanding. The holinesse of their calling, their knowledge, their freedoms from passions and affections to which youth is very obnoxious, their vicinity to the gates of death, which, though not shut to any, yet alwayes stand wide open to old age: these, my Lords, will surely make them steer aright.

But, of matter of fact there is no disputation, some of them have done ill, Crimine ab uno disce omnes, is a poeti­call, not a logicall argument. Some of the Judges have done so, some of the Magistrates and Officers; and shall there be therefore neither Iudge, Magistrate nor Officer more? A personall crime goes not beyond the person that commits it, nor can anothers fault be mine offence. If they have contracted any filth or corruption through their own, or the vice of the times, cleanse and purge them tho­rowly. But still remember the great difference between reformation and extirpation. And he pleased to think of your Triennall Bill which will save you this labour for the time to come; fear of punishment will keep them in order, if they should not themselves through the love of vertue. I have now, my Lords, according to my poor abi­lity, both shewed the conveniences, and answered those inconveniences that seem to make against them. I should now propose those that make for them. As their falling into a condition worse than slaves, not represented by a­ny; and then the dangers and inconveniences that may happen to your Lordships; but I haue done this hereto­fore, and will not offer your Lordships Grambenbis coctam.

A Speech in Parliament delivered by M^r. PEARD, against the Oath Ex Officio. 1640.

I Assure my selfe, we are here met to discover, and re­forme (as much as in us lyeth) all abuses of the Church and Common-wealth; many and great ones have been spoken against, some contrary to all Law, and some established by new Lawes, contrary to all Law: The Wolfe having put on the Lions skinne, and rapine, presuming to passe undiscovered under the robe of Justice. But I shall not neede to light a candle to search out that, which already the sunne hath made ma­nifest; That which I shall speak, hath not been spoken, but if I shall speak that. that shall seeme to be against Law, I humbly crave the pardon of this House, since if it be law, it is summum jus, Law without conscience: That which I shall speake against, is the Oath Ex Officio. It is acknowledged by themselves, that Administer this Oath that it is unjustly done to tender it to any man, unlesse there be a publique Fame, or particular Pre­sentment or Articles testified against him: I make no question, but the practice of this confest Injunction wil be found cōmon amongst them, And I hope it shalbe severely censured, since unjust proceedings upon unjust grounds, are double Injustice; I shall therefore leave that as a plaine case, and examine their best grounds; First, Fame (they say) is a just cause for them to take Cognizance of a matter to proceed against it; Fame we [Page 314]know may arise upon very small and groundlesse su­spitions, by secret whisperings, creeping at first, but quickly gets it wings; And as the Poët saith, Creseit eundo.

This is the manner of all Fame; if this be Fame, their Court shall never want worke, as long as a Promooter hath an ill tongue, or a knave can slander an honest man; Therefore I thinke Fame no good ground to proceed upon.

If Fame be just, what most men speake, certainly some men will testifie; No man will testifie it is false.

Let no accusation then stand, but out of the mouthes of two or three witnesses, of Presentments, are a just ground of proceedings in all Courts, and upon all cau­ses: But neither witnesses nor presentments are or can be a just ground of the Oath Ex officio; For if the par­tie accused be examined no further then is testified, then the Oath Ex Officio is superfluous.

If he be examined further, or upon other matters then is testified, then a man is made to betray himselfe, which is unjust.

M^r. Speaker, such is the Mercy of the Common Law, that Murderers and Poysoners are not examined upon the rack, but the Civill law upon every occasion rack­eth the Conscience.

These are the Lyme-twigs which were set to catch the poore Martyrs in Queene Maries daies; And in our daies, I dare beleeve it will appeare that some good men are fallen into this snare.

M^r. Speaker, If the foundations faile, what shall the buildings doe? If the conformity of good men shall un­doe them, who shall stand? I desire nothing but that evill men may suffer, I desire the Law may punish, not make offenders, I desire that our words and actions at this time, and at other times, may be subject to the Law, I would have thought free.

Sir BENJAMIN RUDYERDS Speech. Tuesday the 29. Decem.

THe principall part of this businesse, is Moneys, and now we are about it, I shall be glad we may give so much, as will not only serve the turn for the present, but likewise to provide that it come not quick upon us againe, I beleeve that the two subsidies are spent alrea­dy. Wee know how much time this businesse hath cost us, if we be but halfe as long about another, it may cost more then money: For if two Armies should be driven to extreame necessitie, and they will be Judges of their owne necessitie, we shall not be able to sit here, and give more, though we would.

Believe it Sir; this is the businesse of all the busi­nesses in the House, of all the businesses in the Kingdom; If we stand hacking for a little money, wee may very thriftily lose all we have, this being a businesse of so peremptory and destructive a nature.

Wherefore M^r. Speaker, my humble and earnest mo­tion is, that we may dispatch it fully, and at once; If there should be an overplus of money remaining, wee can soone resolve how to dispose of it.

Foure subsidies will doe the worke, if they be given presently, for every day tells us that we are not so much Masters of our owne time, and occasions as to doe no­thing when we would; Let us doe this whilest we may, though I dwell not in the North, yet I dwell in England.

Sir BENJAMIN RUDYERDS Speech concerning the QUEENS Joynture. Jan. 1640.

GOD hath blessed the Queens Majestie with a bles­sed Progeny already, whereby she hath relieved and fortified this Kingdome, which may put us in minde in a fit time to provide according to their birth, and in­terest.

Shee is the daughter of a great and famous King, she is the wife of our King, which to us includes all expres­sions. But in one thing, M^r. Speaker, her Majestie is singular in that she is the Mother to the greatest Prince that hath beene borne amongst us above these hundred yeers, which cannot but work a tendernesse in us.

The Queene likewise may be another Instrument of happinesse to us in her good affection to Parlia­ments, by a good hansell in this. And I beleeve we shall see effects of it, for it neerly and wisely concernes her Majestie, even in all the Relations that are most deare to her to contribute her best Assistance to Uphold the Government and greatnesse of the kingdome. By which meanes also the king will be better enabled to make a further enlargement of his bounty towards her, in some degree proportionable.

Wherefore, Mr. Speaker, it will become this House to shew our cheerfulnesse in passing of the Bill.

The Lord Andevers speech in March 1640. concerning the Star-Chamber.

MY Lords, since your Lordships have already looked so farre into priviledges of Peers, as to make a strict inquisition upon forraign 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 lest custome make it every day more apparent than other: your Lord­ships very well know, there was a Statute framed, 3 Hen. 7. Authorizing the Chancellor, Treasurer and Privy 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 parties to appeare as stand accused of any mis­demeanour, and this was the Infancy of the Starcham­ber, but afterwards the Starchamber was by Cardi­nall. Woolsey 8 H. 8. raised to mans Estate, from whence (being now altogether unlimited) it is grown a Mon­ster, and will hourely produce worse effects, unlesse it be reduced by that hand which laid the foundation; for the Statutes that are ratified by Parliament admit of no other than a repeale.

Therefore I offer humbly unto your Lordships these ensuing Reasons, why it should be repealed.

First the very words of the Statute cleerly shew that it was a needlesse institution, for it sayes they who are to Judge, can proceed with no delinquent otherwise, [Page 322]then if he were convicted of the same crime by due pro­ces of Law.

And doe your Lordships holdth is a rationall Court that sends us to the Law, and calls us to the Law, and calls us back from it againe.

Secondly, divers Judicatories confound one another, & in pessima republica plurimae Leges.

The second reason is from circumstance, or rather à Consuetudine, and of this there are many examples both domestique and forain; but more particularly by the Parliaments of France abbreviated into a standing Committee by Philip the King, and continued accor­ding to his Institution untill Lewis the eleventh came to the Crown, who being a subtill Prince buried the vo­lume in the Epitome, for to this day, when ever the three Estates are called, either at the death of the old King, or to Crown the new, It is a common Pro­verb Allons voire Le van des Estates; My Lords Arbitra­ry judgements destroy the Common Laws, and in them the two great Charters of the Kingdome, which being once lost, we have nothing left but the name of li­berty.

Then the last reason is (though it was the first cause of my standing up) the great Eclipse it hath ever been to the whole Nobility; For who are so frequently vex­ed there as Peers and Noblemen, and notwithstanding their appeale to this Assembly, is ever good whilst that famous Law of the 4 Ed. 3. remaines in force for the holding of a Parliament once a year or more if occasion require, yet who durst a year ago mention such a Sta­tute, without the incurring the danger of M. Kilverts persecution? Therefore I shall humbly move your Lordships that a select Commitee of a few may be na­med to consider of the act of Parliament it selfe, and if they shall thinke it of as great prejudice as I doe, that then the house of Commons in the most usuall manner [Page 323]may be made acquainted with it either by Bill or con­ference, who also happily thinke it a burthen to the Subject, and so when the whole body of Parliament shall joyne in one supplication, I am confident his Ma­jestie will desire that nothing shall remaine in force which his people doe not willingly obey.

The Lord KEEPERS Speech TO HIS MAJESTIE, at the Banquetting-house at White-hall, in the name of both Houses.

I Am to give your Majestie most humble and heartie thanks in the name of both houses of Parliament, and this whole Kingdome, for the speedy and gracious Roy­all assent unto the Bill, Entitled, An act for preventing of inconveniences happening by the long intermission [Page 326]of Parliaments, which as it is of singular comfort and securitie for all your Subjects for the present, so they are confident it will be of infinite honor and setlement of Your Majesties Royall Crowne and dignitie, as well as comfort to their postiritie.

The Declaration of the Scots Commissioners to the House of Parliament, touching the maintenance of their Army. March, the 16^th, 1640.

IN the midst of other matters, necessitie constraineth us to shew your Lordships that fourescore thousand pounds and above of the Moneys appointed for reliefe of the Northerne Countreys, there is no more paid but 18000 l. the Country people of those Countreys have trusted the souldiers so long as they are become weary and unable to furnish them, their cattell and victuall be­ing so farre exhausted and wasted, as it is scarce able to entertain themselves; The Markets are decayed because there is no mony to buy their Commodities, and are become so deare, that no sort of victuall is sold, but at a double rate; And which is hardest of all, the Army is stinted by the Articles of Cessation to stay within these two Countyes, whose provisions are all spent, expecting from time to time the payment of those moneys, which [Page 327]were promised for their reliefe, and are reduced to such extremity, as they must either starve, or (sore a­gainst their will) breake their limited bounds, unlesse some speedy course bee taken for their more timous payment, that so soone as may be, the Arreers may be paid; And because the continued payment of that monethly summe, for reliefe of the Northerne Coun­treyes, is a Burthen to the Kingdome of England, our Army is a trouble to the Country where they reside, our charges of entertaining our Army (besides what is allowed from England) is exceeding great; And our losses and prejudice through absence and neglect of our affaires not small, Therefore that all evills, and troubles of both Kingdomes may be removed, it is our earnest desire that the Parliament may be pleased to de­termine the time and manner of Payment of the 300000 l. which they were pleased to grant towards reliefe of their Brethren, that there may be no let about this, when matters shall be drawing towards an end, And that his Majesty and they may give order for Acce­lerating matters in the treaty, that the peace being con­cluded, England may be eased of the burthen of two Armies, and we may returne to our owne homes, which is our earnest desire.

The Remonstrance of both the Houses of Parliament unto the King, delivered by the Lord Keeper, January the 29^th 1640.

YOUR loyall Subjects, the Lords and Commons, now assembled by your Majesties Writ in the high Court of Parliament, humbly represent unto your gra­cious consideration that Jesuits and Priests ordained by authority from the Sea of Rome, remaining in this Realme, by a Statute made in the 27 year of Queen Eli­zabeth are declared Traytors, and to suffer as Tray­tors.

That this law is not so rigorous,27 Eliz. cap. 2. as some apprehend, or would have others to beleeve, for that it is restray­ned to the naturall born Subjects only, and doth not extend to any strangers at all.

That it is enacted in the first year of King James, 1 Jac. cap. 4. that all Statutes made in the time of Queen Elizabeth, a­gainst Priests and Jesuits, be put in due and exact exe­cution.

And for further assurance of the due execution of these laws, the Statute of the third year of King James invites men to the discovery of the offenders, by re­warding them with a considerable part of the forfeiture of the Recusants estate.

So that the Statute of Queen Elizabeth is not only approved, but by the judgement of severall Parliaments in the time of King James of happy memory adjudged fit and necessary to be put in execution.

That considering the state and condition of this pre­sent time, they conceive this law to be more necessary to be put in strict execution, then at any time before; & that for divers weighty and considerable reasons, viz. For that by divers Petitions from the severall parts of this Kingdome, complaints are made of the great increase of Popery and Superstition, and the people call earnestly to have the laws against Recusants put in execution; Priests and Jesuits swarme in great abundance in this Kingdome, and appeare here with such boldnesse, and confidence, as if there were no laws against them.

That it appeares unto the House of Commons by proofe, that of late years about the City of London Priests and Jesuits have been discharged out of Prison, many of them being condemned of high Treason.

They are credibly informed that at this present the Pope hath a Nunci [...], or Agent resident in the City, and they have a just cause to believe the same to be true.

The Papists, as publiquely, and with as much confi­dence and importunity resort to Masse at Denmark house, and St. James, and the Embassadors Chappels, as others doe to their Parish Churches: They conceive the not putting of these Statutes in execution against Priests and Jesuits, is a principall cause of increase of Po­pery.

That the putting of these laws in execution, tendeth not only to the preservation and advancement of the true Religion established in this Kingdome; but also the safety of your Majesties person, and security of the State & Government, which were the principall causes of the making of the Laws against Priests and Jesuits, as is manifestly declared in the preamble of the laws them­selves, [Page 330]which are the best interpreters of the mindes of the makers of them.

And because the words being penned by the advise and wisdome of the whole state, are much more full and clear then any particular mans expression can be, they were therefore read, as they are vouched, those of the 27 year of Queen Elizabeth, being thus, viz.

That the Priests and Jesuits come hither, not only to draw the Subjects from their true obedience to the Queen, but also to stir up Sedition, Rebellion, and open hostility within the Realme; to the great endan­gering of the safety of her Royall Person, and to the utter ruin, desolation, and overthrow of the whole Kingdom, if not timely prevented; and the tenor of the words of the third year of King James are in this manner, viz.

Whereas divers Jesuits and Priests doe withdraw ma­ny of his Majesties Subjects from the true service of Al­mighty God, and the Religion established within this Realme, to the Romish Religion, and from their loy­all obedience to his Majestie; and have of late secretly perswaded divers Recusants, and Papists, and encou­raged and imboldned them to commit most damnable Treasons tending to the overthrow of the whole State and Common Wealth; if God of his goodnesse and mercy had not within few houres of the intended time of the execution thereof, revealed and disclosed the same.

The Houses did further informe, that some Jesuits and Priests had been executed in the time of Queen Elizabeth, and King James of happy memory; and when any of them have received mercy, it was in such time, and upon such circumstance, as that the same might be extended unto them without dangers, whereas now of late, there hath been a great apprehen­sion of endevours by some ill agents, to subvert Religi­on; [Page 331]and at this present both Kingdomes have a gene­rall expectation of a through reformation.

And there is already found so ill a consequence of the the late reprieve of John Goodman the Priest; that the House of Commons having sent to the Citizens of Lon­don for their assistance in the advancement of money, for the present and necessary supply of his Majesties ar­my, and reliefe of the Northern Counties: upon this occasion, they have absolutely denyed to furnish the same: and how far the like discontent may be effused into other parts of the Kingdom, to the interruption of the le­vying of the Subsidies, the houses leave to your Majesties consideration. It is found that Goodman the Priest hath been twice formerly committed and discharged. That his residence now about London, was in absolute con­tempt of your Majesties Proclamation, as the Houses are credibly informed, that he hath been sometimes a Minister in the Church of England, and consequently is an Apostate; both Houses are very sensible that any man should presume to intercede with your Majesty in a case of so high a nature.

They humbly desire that a speedy course may be ta­ken for the due execution of the laws against the Priests and Jesuits, that all mischiefes before mentioned may be timely remedied by your Majesties great wisdome.

And lastly, that Goodman the Priest be left to the ju­stice of the law.

Lord FAULKLANDS first speech in Parliament.

I Rejoyce very much to see this day; and the want hath not lain in my affections, but my lungs. If to all that hath bind past, I have not been as loud with my voice as any mans in the house, yet truly my opinion is; we have yet done nothing, if we doe no more: I shall add what I humbly conceive ought to be added, as soone as I have said something, with references to him that saies it: I will first desire the forgivenesse of the House, if ought I say seem to entrench upon anothers profession, and enter upon the work of another robe.

Since I have bin intrusted by the report of a learned Committee, and confirmed by the uncontradicted rule of the House, since I shall say nothing of this kind, but in order to somewhat further.

And which moves me most to venture my opinion, and to expect your pardon, since I am confident, that Hi­story alone is sufficient to shew this judgement contrary to our Laws, and Logick alone sufficient to prove it destructive to our propriety, which every free, and noble person values more then his possession. I will not professe I know of my selfe, and all those who know me, know that my naturall disposition is to decline from severity, much more from cruelty.

That I have no particular provocations from their persons, and have particular Obligations to their cal­ling against whom I am to speak.

And though not so much, yet far more then I have, so I hope it will be believed, that only publick interest [Page 337]have extorted this from me, and that which I would not say, if I conceived it not so true, and so necessary that no undigested meat can lie havier upon the sto­mach, then this unsaid would have lain upon my Con­science.

Mr. Speaker, the constitution of this Common­wealth hath Established, or rather endeavored to Esta­blish to us the security of our goods, and the security of those Laws which would secure us and our goods, by appointing for us Judges so settled, so sworn, that there can be no oppression, but they of necessity must be acces­sary; since if they neither deny, nor delay us Justice, which neither for the great nor little seale, they ought to doe; the greatest Person in this Kingdome cannot continue the least violence upon the meanest; But this security, Mr. Speaker, hath been almost our ruine, for it hath been turned, or rather turned it self into a Bat­tery against us: And those persons who should have been as Dogs to defend the Sheep, have been as Wolves, to worry them.

These Judges, M. Speaker, to instance not them onely, but their greatest crime, have delivered an opinion, and judgement in an extrajudiciall manner, that is, such as came not within their cognizance, they being Judges, and neither Philosophers, nor Politicians; In which when that is so absolute and evident, the law of the land ceases, and of generall reason and equity, by which particular laws at first were framed, returnes to his throne and government, where salus populi becomes not only suprema, but sola lex; at which, and to which end, whatsoever should dispence with the King, to make use of any mony, dispences with us, to make use of his, and one anothers. In this judgement they con­tradicted both many and learned Acts and Declarations of Parliaments; and those in this very case, in this very reign, so that for them they needed to have consulted [Page 338]with no other record, but with their memories.

2 They have contradicted apparent evidences by, sup­posing mighty and eminent dangers, in the most Ce­rene, quiet, and halcian dayes that could possibly be i­magined, a few conceptible pirats, being our most formidall enemies, and there being neither Prince nor State, with whom we had either Alyance, or Amity, or both.

3 They contradict the writ it selfe, by supposing that supposed danger to be so suddaine, that it would not stay for a Parliament, which required but forty daies. stay, and the writ being in no such haste, but being con­tent to stay seventimes over.

Mr. Speaker, it seemed generally strange, that they saw not the Law which all men else saw, but themselves. Yet though this begot the more generall wonder, three other particulars begot the more generall indigna­tion.

The first of all the reasons for this judgement, was such that they needed not any from the adverse party to help them to convert those few, who before the last suspition of the legallity of that most illegall writ, there being fewer that approved of the judgement, then there were that judged it, for I am confident they did not that them­selves.

Secondly, when they had allowed to the King, the sole power in necessity, the sole judgement of necessity, and by that enabled him to take both from us, what he would, when he would, and how he would, they yet continued to perswade us that they had left us our liber­ties and proprieties.

The third and last is, and which I confesse mo­ved most, That by the transformation of us from the state of free subjects (a good phrase Mr. Speaker, under Doctor Heylens favor) unto that of Villeins, they disable us by Legall and voluntary supplies to expresse our af­fections [Page 339]to his Majesty, and by that to cherish his to us, that is by Parliaments.

M. Speaker, the cause of all the miseries we have suf­fered, and the cause of all our jealousies we have had, that we should yet suffer; is, That a most excellent Prince hath been most infinitely abused by his Judges, telling him that by policy he might doe what he pleased; with the first of these we are now to deale, which may be a leading to the rest. And since in proving of these Laws, upon which these men have trampled, our Ancestours have shewed their urmost care and wisdome, for our unaffected security, words having done nothing, and yet have done all their words can doe, we must now be forced to think of abolishing of our grievances, & of taking away this judgement, and these Judges together, and of regulating their successors by their examplary punishment.

I will not speak much; I will only say we have accu­sed a great Person of high Treason, for intending to sub­vert our fundamentall Laws, and to introduce arbitrary Government, which we suppose he meant to doe, we are sure these have done it, there being no Law more fundamentall, than that they have already subverted, and no government more absolute, than they have really in­troduced: Mr. Speaker; not only the severe punishment, but the suddaine removall of these men, will have a sud­dain effect in one very considerable consideration.

We only accuse, and the House of Lords condemn; In which condemnation they usually receive advise (though not direction) from the Judges, And I leave it to every man to imagine how prejudiciall to us, that is, to the Common wealth, and how partiall to their fel­low malefactors, the advice of such judges is like to be. How undoubtedly for their own sakes, they will con­duce to their power, that every action be judged to be a lesse fault, and every person to be lesse faulty, then in [Page 340]Justice they ought to doe; Amongst these, M^r. Speaker, there is one that I must not lose in the crowd, whom I doubt not but we shall finde when we examine the rest of them, with what hopes they have been tempted: by what fears they have been assaid, and by what, and by whose importunity they have been pursued, before they consented to what they did; I doubt not I say, but wee shall then finde him to have been a most admirable soli­citor, but a most abominable Judge; hee it is who not only gave away with his breath, what our Ancestors had purchased for us by so large an expence of their time, their care, their treasure, and their blood, and im­ployed their industry, as great as his injustice, to per­swade others to joyne with him in that deed of gift, but strove to root up those liberties which they had cut downe; and to make our grievances immortall, and our slavery irreparable, lest any part of our posterity might want occasion to curse him; He declared that power to be so inherent to the Crowne, as that it was not in the power even of Parliaments to divide them.

I have heard, Mr. Speaker, and I thinke here that common Fame is ground enough for this House to ac­cuse upon; And then undoubtedly enough to be accu­sed upon in this House: She hath reported this so gene­rally, that I expect not that you should bid me name him whom you all know, nor doe I looke to tell you newes, when I tell you it is my Lord Keeper. But this I think sit to put you in minde, That his place admits him to his Majestie, and trusts him with his Majesties conscience, and how pernicious every moment, whilst one gives him means to infuse such unjust opinions of this House, as are exprest in a Libell, rather then a Declaration, of which many believe him to be the principall Secretary, and th' other puts the vaste and most unlimited power of the Chauncery into his hands, the safest of which will be dangerous; for my part, I thinke no man secure, that he shall thinke himselfe worth any thing when he rises, [Page 341]whilst all our estates are in his breast, who hath sacrifi­ced his Countrey to his ambition, whilst hee who hath prostracted his owne conscience, hath the keeping of the Kings, and he who hath undone us already by whole­sale, hath a power left in him by retaile.

Mr. Speaker, in the beginning of the Parliament he told us, and I am confident, every man here believes it before he told it, and never the more for his telling, though a sorry witnesse is a good testimony against himselfe; That his Majestie never required any thing from any his Ministers but Justice, and Integrity. Against which, if any of them have transgrest, upon their heads, and that deservedly, it ought to fall; It was full and truly; but he hath in this saying pronounced his owne condemnation; we shall be more partiall to him then he is to himself, if we be slow to pursue it. It is therefore my just and humble motion, That wee may chuse a select Committee to draw up his and their charge, and to examine their carriage in this particular, to make use of it in the charge, and if he shall be found guilty of tampering with Judges against the publike security, who thought tampering with witnesses in a pri­vate cause, worthy of so great a Fine, if he shall be found to have gone before the rest to this Judgement, and to have gone beyond the rest in this Judgement, that in the punishment for it, the Justice of this House may not denie him the due honor both to preceed and exceed the rest.

Sir JOHN CULPEPPERS Speech in the Commons House of Parliament. 9^o. Novemb. 1640.

I stand not up with a Petition in my hand. I have it in my mouth, and have it in charge from them that sent me hither, humbly to present to the consideration of this House the grievances of the County of Kent; I shall only summe them up; they are these,

First, the great increase of Papists by the remisse exe­cution of those lawes which were made to suppresse them: the life of the law is execution; without this, they become a dead letter; this is wanting, and a great grievance.

The second, is the obtruding and countenancing of divers new Ceremonies in matters of Religion, as pla­cing the Communion Table Altar-wise, and bowing or cringing to, or towards it, the refusing of the holy Sacrament to such as refuse to come to the Rayles, These carry with them some scandall, and much of­fence.

The third, is Military charges, and therein first, that of Coate and Conduct money, required as a loane, pres­sed as a due, in each respect equally a grievance. The second is the enhancing the price of Powder, whereby the Trayned Bands are much discouraged in their exer­cising: howsoever this may appeare prima facie, upon [Page 343]due examination it will appeare a great grievance. The third is more particular to our County: It is this; The last Summer was twelvemonth, 1000. of our best Arms were taken from the owners, and sent into Scotland: The compulsary way was this; If you will not send your Arms you shall goe your selves. M. Speaker, the trayned Band is a Militia of great strength and honor, without charges to the King, and deserves all due encourage­ment.

The fourth, is the Canons, I assigne these to bee a grievance; First, in respect of the matter, besides the &c. Oath. Secondly, in respect of the makers, they were chosen to serve in a Convocation; that falling with the Parliament, the Scene was altered; The same men with­out any new election, shufled into a sacred Synod, Thirdly, in respect of the consequence, which in this age, when the second ill president becomes a Law, is full of danger. The Clergy, without confirmation of a Par­liament, have assumed unto themselves power to make Lawes, to grant Reliefe by the name of benevolence, and to intermeddle with our free-hold by suspensions and deprivation, This is a grievance of a high nature.

The next grievance is the Ship-money; This cries aloud, I may say, I hope without offence, This strikes the first born of every family, I meane our inheritance; If the Lawes give the king power, in any danger of the kingdom, whereof hee is Judge, to impose what and when hee please; wee owe all that is left, to the good­nesse of the King, not to the Law, M. Speaker, this makes the Farmors faint, and the Plough to goe heavy.

The next is the great decay of cloathing and fall of our woolls; These are the golden Mines of England which gives a foundation to that trade which we drive with all the World; I know there are many starres concurre in this constellation, I will not trouble you with more than one cause of it, which I dare affirme to [Page 344]be the greatest. It is the great customes and impositions laid upon our Cloath, and new Draperies: I speak not this with a wish to lessen the King revenews, so it be done by Parliament; I shall give my voice to lay more charge upon the superfluities, due regard being had to trade, which we import from all other Nations: sure I am that those impositions upon our native commodities are dangerous, give liberty to our neighbours to under­sell; And I take it for a rule, that besides our losse in trade, which is five times as much as the King receiveth, what is imposed upon our Cloaths, this it taken from the rent of our lands. I have but one grievance more to offer unto you: But this one compriseth many, It is a neast of waspes, or swarm of vermine, which have over­crept the land, I mean the Monopoles and Polers of the people; These like the Frogs of Aegypt have gotten possession of our dwellings, and have scarce a room free from them: They sup in our Cup, they dip in our Dish, they sit by our fire, we finde them in the Dy fat, wash-boule, and Poudering tub, they share with the Butler in his box, they have marked and sealed us from head to foot. Mr. Speaker, they will not bate us a Pin: we may not buy our own Cloathes without their brokage; These are the Leeches that have suckt the Common wealth so hard, that it is almost become hecticall: And Mr. Speaker, some of these are ashamed of their right names; they have a vizard to hide the brand made by that good law in the last Parliament of King James; They shelter themselves under the name of a Corpora­tion, they make by-laws which serve their turns to squeese us, and fill their purses; unface these and they will prove as bad Cards as any in the pack; These are not petty Chapmen, but wholesale men. Mr. Speaker, I have ecchoed to you the cryes of the kingdome, I will tell you their hopes: they look to Heaven for a blessing upon this Parliament, they hang upon his Majesties [Page 345]exemplary piety and great justice, which renders his eares open to the just complaints of his Subjects; we have had lately a gratious assurance of it, they are the wise conduct of this, whereby the other great affaires of the Kingdome, and this our grievance of no lesse import; And this may go hand in hand, in preparation and reso­lution; Then by the blessing of God we shall return home with an Olive branch in our mouths, and full confirmations of the priviledges, which we received from our Ancestors, and ow to our posterity, which e­very freeborn English man hath received with the aire he breathed in.

These are our hopes, These are our prayers.

Mr. BAGSHAW his speech in Parliament, 7 die Novemb. 1640.

I Had rather Act then speak in those weighty busines­ses of the Kingdome, which have been so excellent­ly handled by these foure worthy Gentlemen, that spake last, and therefore I shall be short. For when I look upon the Body of this goodly and flourishing Kingdom in matters of Religion, and of our laws, (For like Hip­pocrates Twins, they live and dye together) I say when I behold these in that state and plight, as they have been represented to us, Flere magis libet quam dicere; But this is our comfort, Mr. Speaker, that we are all met together for the welfare and happinesse of Prince and People; And who knows whether this may not be the appoin­ted [Page 346]time, wherein God will restore our Religion as at the first, and our laws as at the beginning.

The honour of a King consisteth in the weale of his people: this undoubted maxime his Majesty hath made good by his late gracious speech and promise to us to redresse all our grievances, to destroy the enemies of our Peace, and plenty.

To make a people rich, they must have ease & justice. Ease in their Consciences from the bane of Superstition, from the intolerable burthen of innovation in Reli­gion, and from the racks and tortures of strange and new fangled Oaths. They must be eased in their per­sons, being liberi homines, and not Vilanes; All illegall arrests and imprisonment against Magna Charta, being our greatest liberties. They must be eased in their lands from Forrest, where never any Deer fed, from depopu­lations, where never any Farm was decayed, and from inclosures, where never any hedges were set. But must lastly be eased in their goods from their exactions and expilations of Pursevants and Apparitors, of Projectors and Monopolists, Humanarum Calamitatum mercatores, as an ancient finely calls them: and if the people have all these easements, yet if they have not Justice, they cannot subsist; justice is to the Civill body, as food to the naturall; If the streams of Justice be by unrighte­ousnesse turned into Gall and Wormword, or by cruel­ty, like the Aegyptian waters, be turned into blood, those which drink of these brooks must needs dy and perish.

The Law saith that all Justice is in the King, who is stiled in our book Fons Justitiae, and he commits it to his Judges, for the execution wherein he trusts them with two of the chiefest flowers, which belong to his crown: The administration of his justice, and the exposition of his laws: but he will not trust them with­out an Oath required of them, by the Statute of 18 E. 31. Which is so strict and severe, that it made a Judge [Page 347]whom I know, though honest and strict, yet to quake and tremble at the very mention of it. The effect of the Oath is, that they should doe equall law, and execu­tion of right to all the Kings Subjects, poore aswell as rich, without regard of any person.

That they should not deny to doe common right to any man by the Kings letters; and for any other cause: And in case such letters do, that they proceed to do come the law notwithstanding such letters, or for any other causes, as they will answer to the King, in bodies, goods, and lands: how this Oath hath been performed, we have seen and felt; I need say no more. But when I cast mine eyes upon the inferiour Courts of Justice, where­in no such oath is required; I meane, the High Commis­sion, and other Ecclesiasticall Courts, my soule hath bled for the wrong pressures which I have observed to have been done and committed in these Courts, against the Kings good people; especially for the most monstrous a­buse of the Oath Ex Officio; which, as it is now used, I can call no other than Carnificina Conscientiae: I have some reason to know this, that have been an Attendant to the Court these five yeeres for my selfe, and a deare friend of mine, sometimes Knight of our Shire, for a meer triviall businesse; that the most that could be proved a­gainst him, was the putting on his hat in the time of Ser­mon. Of which Court I shall say more, and make good what I say, when those ulcers come to be opened.

Mr. Speaker, I say these foure worthies that spake be­fore me, have told you of our miseries; but I cannot tell you of the remedies: For things are come to that height, that I may say, as Livy sayd of the Roman state in his time, Nec Vitia nostra scire possumus ne [...] Remedia; for no Laws will now doe us good; Better Laws could not have been made, then the Stat. of Monopolies, against Projectors, and the Petition of right against the infrin­gers of liberties; and yet as if the Law had bin the Au­thor [Page 348]of them, there hath been within these few years more Monopolies and infringment of liberties, than hath been in any age since the Conquest: and if all those vile Harlets, as Queen Elizabeth called them, that have been the Authors of those Evils and the Troublers of our Israel doe go unpunished; it will never be better with us; for now during Parliament, like frozen Snakes their poyson dryes up, but let the Parliament dissolve, and then their poyson melts and scatters abroad, and doth more hurt then ever. What then must be done? Why? what the Playster cannot doe, must be done by the Law: Ense recidendum est, ne pars sincera trahatur. I can not bet­ter English it, then in the words of a King, Let them be cut of in their wickednesse, that have framed mischiefe as a Law. My conclusion, Mr. Speaker, is this; Let the wofull violation of the State of Monopolies, and the Petition of Right be made Felony, or Premunire at the least, but yet in the interim let them be made examples of punishment, who have been the Authors of all those miseries, according to the Counsell of Salomon, Take away the wicked from before the King, and his Throne shall be Established in Righteousnesse.

Sir Thomas Rowe his Speech at the Councell Table, touching Brasse-Mony, or against Brasse-Money, with many notable observations thereupon, July, 1640.

MY Lords, since it hath pleased this Honorable table, to command amongst others my poore opinion concern­ing this waighty proposition of money, I must hum­bly crave pardon, if with that freedome that becometh my duty to my good and gracious Master, and my obedience to your great commands, I deliver it so.

I cannot my Lords, but assuredly conceive this intended pro­ject of infeobling the Coyn, will trench very far both into the honor of Justice, and profit of my Royall Master.

All estates do stand Magis fa [...]a quam vi as Tacitus saith of Rome; And wealth in every Kingdome is one of the essentiall marks of their greatnesse, and is best expressed in the measures and purity of their moneys. Hence it was that so long as the Romane Empire, a pattern of the best Government held up their glory, or greatnesse, they ever maintained with little or no change the standard of their Coyn, but after the loose time of Commodus had led in need by excesse, and so by that shift of chang­ing the standard, the Majesty of that Empire fell by degrees. And as Vopiscus saith, the steps by which that State descended, were visible most by the generall alteration of their Coynes; and there is no surer simptomes of consumption in State, then the corruption of the Money.

What Renowne is left to the Posterity of Edw. 1. in amend­ing [Page 352]the standard both in puritie and weight, from that of elder and barbarous times; it must needs stick as a blemish upon Princes that do the contrary.

Thus we see it was with Hen. 6. who after he had begun with abaiting the measures, he afterwards fell to abasing the matter; and gr [...]nted Commission to Missend, and others to practise Al­camie to serve his Mint.

The extremity the State in generall felt by this agrievance, be­sides the dishonor it layd upon the person of the King, was not the least disadvantage his disloyall kinsman tooke, to ingrace himselfe into the peoples favours, to his Soveraigns Reign.

When Hen. the 8^th. had gained as much of power and glory a­broad, of love and obedience at home as ever any, he suffered a losse by this Rock.

When his Daughter Queene Elizabeth came to the Crowne, she was happier in Councell to amend that error of her Father, for in a memoriall of the Lord Treasurer Burleighs his hand, I finde that he and Sir Thomas Smith, a grave and learned man, advised the Queen that it was the Crown, and the true wealth of her selfe and people, to reduce the standard to the antient party, and purity of her great Grandfather Edward the 4^th. and that it was not the short end of wits, nor starting holes of de­vises, that can sustain the expence of a Monarchy, but sound and solid courses, for so are the words; She followed their a de­vise, and began to reduce the money the moneys to their elder goodnesse, stiling this worke in her first Proclamation Anno 3⁰. a famous Act. The next year following, Anno 3⁰. having perfected, as it after stood, She telleth her people by another Edict; That She had conquered now that monster that had so long devoured them, meaning the variation of the standard. And so long as that sad adviser lived, She never (though often by Projectors importuned) could be drawne to any shift or change in her Moneys.

To avoyd the trouble of permutation, Coyners devised as a rule and measure of Marchandize and Manufactaries, which if mutable, no man can tell either what he hath, or what he ow­eth, no contract can be certain, and so all commerce both pub­like and private destroyed, and men again enforced to permuta­tion [Page 353]with things not subject to will and fraud.

The Regulating of Coyn hath been left to the care of Princes, who have ever beene presumed to be the Fathers of the Com­mon-wealth, upon their honors they are debtors and warrants to the subjects in that behalfe.

They cannot saith Bodin, alter the price of moneys to the pre­iudice of the subiect, without incurring the reproach of Faux moneyars. And therefore stories terme Phillip le Belle falsificator de monet. omnino monet. integritas debet quaeri ubi vultiis noster Im­primatur, said Theodoret the Goth to his Mint-master. Quidnam erit tutum si nostra peccetur effigie, Princes must not suffer their faces to warrant falshood.

Although I am not of opinion with the Minor des Justices, the ancientest books of the Common-Law, That Le Roy ne poit sa mo­ney impaire ne a mander saus Lassent des touts les Counties, which was the great counsell of the Kingdome. Yet cannot I passe o­ver the goodnesse and grace of many other our Kings, as Edw. 1. Edw. 3. Hen. 4. and the 5^th. and others; who out of the rule of their Justice. Quod ad omnes specrat, ob omnibus debet approbari, have often advised with their people in Parliament, both for the Allay, weight, number of peeces, rate of Coynage and exchange, and most with infinite goodnesse acknowledg the care and Ju­stice now of my good Master, and your Lordships wisedomes, that would not upon the information of some few officers of the Mint, before a free and carefull debate, put in execution this Proiect. Yet I must under your Lordships favour suspect it would have taken away the tenth part of every mans due debt or rent alreadie reserved throughout the Realm, not sparing the King, which could have been little lesse then a species of that which the Roman stories call Tabula nova, from whence every sedition hath sprang, as that of Marius Grantidianus in Livio, who pretending in his Consulship, thatt the currant money was wa­sted by us, called it in, and altered the Standard, which grew so heavie and grievous to the people, as the Author sayth, be­cause thereby no man knoweth certainly his wealth, that it cau­sed a tumult.

In this last part which is the disprofit that the enfeobling the Coyn, will bring both to his Maiesty, and to the Common-wealth. [Page 354]I must distinguish the moneyes of gold and silver as they are bullion and commodities, and as they are measures, the one of the extrinsique quality, which is at the Kings pleasure, as all other measures to name, the other the intrinsique quality, of pure mettall, which is in the Merchant to value as their mea­sure, shall be either to be lessened or enlarged, so is the quantity of the commodity that is to be exchanged, if then the King shall cut his shilling or pound in money lesse than it was before, a lesse portion of such commodities as shall be exchanged, for it, must be received, it must then of force follow, that all things of necessity, as victualls, apparell, and the rest as well as those of pleasure, must be inhaunsed. If then all men shall receive in their shillings and pounds a lesse proportion of silver and gold than they did before this projected alteration, and pay for what they buy at a rate enhaunsed, it must cast upon all a double losse, what the King will suffer by it in the Rents of his lands, is de­monstrated enough by the alteration since the 18 of Ed. 3. when all the Revenues of the Crown came unto the receipts pondere & numero, after 5 Groats the Ounce, which since that time by seve­rall changes of the Standard is come to 5 s. whereby the King hath two third parts of his just Revenues.

In his Customes, the book of rates being regulated by pounds and shillings, his Majesty must lose alike, and so in all and what­soever moneyes, that after this he must receive the profits of his Coynage, cannot be much more permanent in the losse lasting, and so long as it reacheth to little lesse than yeerly, to accept part of his Revenue, for in every pound tale of gold is 7 Ounces, 1 d. weight, and 19 grains losse, which 25 l. in accompt, and in 700 l. tail of silver, which is 14 l. 17 s. more. And his Majesty shall un­dergo all this losse hereafter, in all his receipts, so shall he no lesse in all his dibursments, the wages of his souldiers must be ratably advanced, as the money is decreased. This Edward the 3, as ap­peareth by the accounts of the Wardrobe and Exchequer, as all the Kings after him were inforced to do, as often as the lessened Standard of the moneyes of what shall be bought for his Maje­sties service, must in like manner be inhaunsed on him. As his Majesty hath the greatest profits of receipts and issues, so must be of necessity taste of the most losse by this device.

It will destroy or discourage a great proportion of the trade in England, Impair his Maiesties Customes for that part, being not the least that passeth upon trust and credit will be over­thrown, for all men being doubtfull of diminution hereby of there personall estates will call in their moneys, already out, and no man will part with that which is lying by him uppon appa­rant losse, as this must bring; what dammage may befall the State by such a sudden stand of Trade I cannot guesse.

The moneys both of gold and silver formerly Coyned and a­broad, richer then those intended, will be made of the most nere­by Bulloin and so transported; which I conceive will be none of the least inducements that hath drawn so many Goldsmithes to side this Proiect, that they may be thereby Factors for the Strangers, who by the Law of Mintage bring but two shillings silver to the pound waight, and 4 shillings for gold; whereas with us the one is [...] and the other 5 shillings, many make that profit beyond the Sea, they cannot here, and so his Maiesties Mint unset of worke.

And as his Maiesties losse appeareth in the alteration of many a 14^th in the silver, and a 25^th part in all the gold they after shall receive; so shall the Nobilitie, Gentry, and all other landed men in all their former setled Rents, Annuities, Pensions, and sums of money, the like will fall upon the labourers and workemen in their statute wages. And as their receipts are lessened hereby, so are their issues increased either by improving all prices, or dis­furnishing the Market, which must necessarily follow; for in the 5^th of Edw. 6^th. 3^o Mary, 4^to Eliz. as appeareth by their Pro­clamations. That a Rumour only of alteration caused such effects, punishing the author of such reports, with Imprisonment, and Pillory. It cannot be doubted, but the proiecting of such a change, must be of far greater consequence and danger to the State, and would be wished that the Actors, and authors of such disturbances in the Common-wealth at all times hereafter, might undergo a punishment proportionable.

It cannot be held, I presume, an advise of best iudgement that layeth the losse upon our selves, and the gain upon our enemies, for who are like to be in this the greatest thrivers, is not visible that the strangers who support, or money for bullion, our own Gold-smiths, who are their Brokers, and the Hedgminters of the [Page 356]Netherlands, who tearmed them well, will have a fresh and full trade by this abasements. And we do not the Spanish King, our greatest enemy, a greater favour than by his, who being Lord of these commodities by his West-Indies, we shall so advance them to our impoverishment, for it is not in the power of any State to raise of the price of their own, but the value that their neigh­bours, set upon them, experience hath taught us that the enfoeb­ling of Coyn is but a shift for a while, as drinke to one in a dropsie, to make him swell the more, but the state was never thorowly cured, as we saw in Henry the Eighths time, and the late Queens, untill the Coyn was made rich again.

I cannot but then conclude my honorable Lords, that if the proportion of Gold and Silver to each other be wrought to that purity, by the advice of the Artists that neither may be too rich for the other, that the Mintage may be reduced to some propor­tion of neighbour parts, and that the issue of native commodities may be brought to over-ballance the entrance of the forraigne, we need not seek any shift, but shall again see our trade to flour­ish, the Mint as, the pulse of the Common-wealth, again to bear, and our Materialls by Industry, to be Mynes of Gold and Silver, which we all wish and work for, supported unto us, and the honor of Justice, and Profit of his Maiesty.

To the Right Honourable the Lord Deputy.
The [...]mble and just Remonstrance of the Knights, Cittizens and Burgesses in Parliament assembled.

SHewing that in all ages since the happy subjection of this Kingdome to the Imperiall Crowne of England it was and is a principall study and Princely care of his Majesty and his most noble Progenitors, Kings and Queens of England, and Ireland, to the vast expence of trea­sure and blood; That their loyall and dutifull people of this Land of Ireland, beeing now for the most part derived from Brittish Ancestors, should be governed according to the mu­nicipall and fundamentall Lawes of England; That the statute of Magna Charta, or the great Charter of the liberties of England, and other laudable lawes and statutes were in se­verall Parliaments heere enacted and declared; that by the means thereof & of the most prudent & benign government of his Majestie & his Royall Progenitors, this Kingdome was untill of late in its growth a flourishing estate, whereby the said people were heretofore enab [...]ed to a [...]iver their hum­ble and naturall desires, to comply with his Majesties Prince­ly and royall occasions, by their free gift of 150. thousand pounds sterling: and likewise by another free gift of 120. thousand pounds more, during the government of the Lord Viscount Faulkland, and after by the gift of 40. thousand pounds, and their free and cheerefull gift of si [...] intire Sub­sidies, in the tenth yeare of his Majesties Reign [...], which to comply with his Majesties then occasions, signified to the then house of Commons they did allow should ammount [Page 322]in the Collections unto 2 hundred and fifty thousand pounds (although as they confidently believe) if the Subsidies had been levyed in a moderate Parliamentary way, they would not have amounted to much more then halfe the sum afore­said, besides the foure intire Subsidies graunted in this present Parliament.

Soe it is, may it please your Lordship, by the occasion of insuing and other grievances and Innovations, though to his Majesty no considerable profit this Kingdome is reduced to that extreame and universall poverty, that the same is lesse able to pay 2 Subsidies then it was hertofore to satisfie all the before-recyted great payments & his Majesties most faithfull people of the Land, do conceive great fears, that the said grie­vances and consequences thereof, may be hereafter drawne into presidents, to be perpetuated upon their posterity which in their great hopes and strong beliefe, they are perswaded is contrary to his Royall and Princely intention towards his said people, of which greivances are as followeth:

1, First, the generall apparant decay of Trades, occasio­ned by the new and illegall raising of the booke of rates, and impositions upon native, and other Commodities, exported and imported, by reason whereof and of extreame usage and censures, Merchants are beggered both, and disinabled and discouraged to Trade; and some of the honourable persons who gaine thereby often Iudges and parties. And that in the conclusion his Majesties profit thereby is not considerably advanced.

2. The arbitrary decision of all civill causes and contro­versies by paper petitions, before the Lord Lieutenant and Lord Deputy, and infinite other Iudicatories upon references from them derived in the nature of all actions determinable at the Common Law, not limited into certaine time, cause season or thing whatsoever: And the consequences of such ex­ceeding by immoderate and unlawfull fees, by Secretaries Clarkes, Pursivants, Serjeants at Armes, and otherwise, by which kinde of proceedings his Majesty looseth a consi­derable [Page 323]part of his revenue upon originall writs, and other wise: and the Subject looseth the benefit of his writ of Error, bill of reversall, vouchees, and other legall and just advanta­ges and the ordinary course and Courts of Iustice declined.

3. The proceedings in civill causes at Counsell board, con­trary to the Law and great Charter, not limited to any cer­taine time or season.

4 That the Subject is in all the materiall parts thereof de­nyed the benefit of the Princely graces, and more especially of the statute of limitations of 21. of Iac. Graunted by his Majesty in the fourth yeare of his Raigne, upon great advice of Counsell of England and Ireland, and for great considera­tion, and then published in all the Courts of Dublin, and in all the Counties of this Kingdome in open assizes, whereby all persons doe take notice, that contrary to his Majesties pi­ous intentions, his Subjects of this land have not enjoyed the benefit of his Majesties Princelie promise thereby made.

5. The extrajudiciall avoyding of Letters Pattents of e­states; of a very great part of his Majesties subjects under the great Seale (the publique faith of the Kingdome) by private opinions, delivered at the Counsell board without legall evictions of their estates, contrary to the law, and without president or example of any former age.

6. The Proclamation for the sole emption and utte­ring of Tobacco, which is bought at every low rates, and uttered at high and excessive rates, by meanes whereof thou­sands of families within this Kingdome, and of his Majesties Subjects, in severall Ilands, and other parts of the West In­dies (as your Petitioners are informed) are destroyed; and the most part of the coyn of this Kingdome is ingross ed into particular hands: Insomuch as the petitioners do conceive that the proffit arising and engrossed thereby doth surmount his Majestyes revenue, certain or cosuall, within this King­dome, and yet his Majesty receiveth but very little profit by the same.

7. The universall and unlawfull increasing of Monopolies, to the advantage of a few, to the disprofit of his Majesty, and Impoverishment of his people.

8. The extream and cruell usage of certain late Commissi­oners, and other stewards, the Brittish Farmers and Inha­bitants of the City and County of London Derry, by meanes whereof the worthy Plantation of that Country is almost de­stroyed, and the Inhabitants are reduced to great poverty, and many of them forced to forsake the Countrey, the same bee­ing the first and most usefull Plantation in the large Province of that Ulster, to the great weakning of the Kingdome, in in this time of danger, the said plantation being the princi­pall strength of those parts.

9. The late erection of the Court of high Commission, for causes▪ Ecclesiasticall in those necessitous times, the pro­ceedings of the said Court, in many causes without legal war­rant, and yet so supported as prohibitions have not been ob­tained, though legally sought for: And the excessive fees ex­acted by the Ministers thereof, and the encroaching of the same upon the jurisdiction of other Ecclesiasticall Courts of this Kingdome.

10. The exorbitant fees and pretended Customes exacted by the Clergy against the Law, some of which have been for­merly represented to your Lordship.

11. The Petitioners doe most heartily bemone that his Ma­jesties service and profit are much more impaired then advan­ced, by the grievances aforesaid; & the Subsidies graunted in the last Parliament, having much increased his Majesties reve­nue, by the buying of graunts, and otherwise: and that all his Majesties debts then due in this Kingdome, were satisfied out of the said Subsidies; and yet his Majesty is of late, (as the pe­titioners have been informed, in the house of Commons) be­come indepted in this Kingdome, in great somes; And they doe therefore humbly beseech, that an exact accompt may bee sent to his Majesty, how and in what manner his treasure issued.

12. The Petitioners doe humbly conceive just and great feares, at a Proclamation published in this Kingdome, in Anno Domini 1635. Prohibiting men of quality or estates, to depart this Kingdome into England, without the Lord De­puties Licence, wherein the Subjects of this Kingdome are hindered and interrupted from free accesse, to addres to his sa­cred Majesty, and privie Counsell of England, to declare their just grievances, or to obtaine remedies for them in such fort as their Ancestors have done, in all ages since the Reigne of King Henry the second, and great fees exacted, for every of the said Licenses.

13. That of late his Majesties late Atourney generall, hath exhibited Informations against many Boroughs of this King­dome, into his Majesties Court of Exchequer, to shew cause, by what warrant the said Burgesses (who heretofore sent Bur­gesses to the Parliament) should send the Burgesses to the Parliament, and thereupon for want of an answere, the said priviledges of sending Burgesses was seised by the said Court, which proceedings were altogether Coram non Iudice, and contrary to the lawes and priviledges of the house of Parlia­ment; (and if way should be given thereunto) would tend to the subversion of Parliaments, and by consequence to the ru­ine and destruction of the Common-wealth.

And that the house of Commons, hath hitherto in this pre­sent Parliament, been deprived of the advice and Counsell of many profitable and good members by means thereof.

14. By the powerfulnesse of some Ministers of state in this Kingdome, the Parliament in its members, and actions, hath not his naturall freedome.

15. And lastly, that the Gentry, and Merchants, and other his Majesties Subjects of this Kingdome, are of late by the grievances, and pressures before said, & other the like brought very neere to ruine, and destruction: And Farmers of Cust­omes, Customers, Waiters, Searchers, Clarkes of unwar­rantable proceedings, Pursivants, and Goalers, and sundry others, very much enriched, whereby and by the slow re­dress [Page 326]of the petitioners, his Majesties most faithfull and dutifull people of this Kingdome, doe conceive great feares, that their readinesse approved upon all occasions, hath not beene of latere presented to his sacred Majesty: For remedy whereof the said Petitioners doe humbly and of right beseech your Lordship, that the said grievances and pressures may bee speedily redressed, and if your Lordship shall not thinke fit to afford present reliefe, that your Lordship might admit a select Committee of this house of Persons uninteressed in the benefit a rising of the aforesaid grievances to be licensed by your Lordship, to repaire to his sacred Majesty in England, for to pursue the same and to ob­taine fitting remedy for their aforesaid and other just grie­vances and expressions, and upon all just and honourable oc­casions, they will without respect of particular interest or profit, to be raised thereby most humbly and readily in Par­liament extend their uttermost endeavour to serve his Majesty and comply with his royall and princely occasions, And shal pray, &c.

The Scottish Commissioners thanks to his Majesty 30. Decemb. 1640.

WEE doe in the Name of the PARLIA­MENT and whole Kingdome of Scotland acknowledge in all humility and thankful­nesse, in granting our first demand beving fully assured that the Parliament will leave nothing undone that may serve for his Majesties honour & the whole Kingdome, is Testimony of their thankfulnesse, will earnestly pray, that God will graunt his Majesty a long and prosperous Reigne. Adam Blaire.

The humble Declaration of the Master and War­dens of Vintners, William Abel Alderman of London, and the rest of the Court of Assistants of that Company, how in what manner the said Company, Farmers and Adventurers have procee­ded in the Farmes of 40. shillings per tunne and wine Licence.

IN the yeare 1632. The Lord Weston beeing then high Treasurer of England sent for the Master and Wardens of the Company of Vintners, and demanded of them the Vent and consumption of Wines, one peny a quart, which is 4 pound per tun, which they utterly refused, alleadging it would be the utter undoing of the retayling Vintners.

In Anno 1633. a Decree was made by the advice of the Judges of England in the Star-chamber: That the Retaylers of wines might not sell or dresse Victuals in their houses, which time out of mind they were accusto­med to doe. And this done without any information or bill, or any called to defend or Iustifie their trade or usage of it.

In Anno 1634. his Majesty questioned the Vint­ners, and Retaylers of Wine, for the breach of the said Decree, and drew 6000. pounds from the Vintners to be lent him: And thereon his Majesty did by order give way to the Retaylers of Wines, to dresse and sell Victu­als till December then next following; at which time his Majesty promised to settle it as he thought fit for him to signe, and then to have the Vintners relying upon that Temporary Lycence, and of his Majesties gracious Declaration continued to dresse meate beyond the tyme.

In Anno 1635. The retaylors of Wines were a­gain questioned for breach of the former Decree by his Majesty, and the Lord Cottington, then propounded to yeeld to pay somewhat on their vent of Wines, to his Majesty, which the Retayling Vintners utterly re­fused to doe.

In Anno 1636. many retaylors of Wynes were by information in Master Attourneys name questioned in Star-chamber, for breach of the decree, and so farre pro­ceeded against as that they were served with Processe of that Court to hear judgment.

That things thus depending Sir Richard Kilvert re­payred to Alderman Abell, then Master of the Compa­ny, beeing a meere stranger to Master Kilvert, and told him his Majesty bid him command by warrant, to prosecute the Vintners in the Star-chamber, for selling above the price, and breach of the Decree, for dressing of meat, and against the Merchants scopers, and others; Intimating further it was his Majesties pleasure that some of the Company of Vintners should attend the Right Honourable Marquis Hambleton concerning the same.

In October Anno 1637. at Vintners Hall London, William Abell Alderman beeing then Mr. of that Com­pany, imparted to the Company, that Master Richard Kilvert had been lately with him, and acquainted him with the former passages.

At this court the company of vintners taking their bu­sines into their serious considerations, & weighing how they might hazard the utter undoing of such as had trans­gressed the Decree, if they should be brought to a sen­tence in Star-chamber made choyse and did intreate Al­derman Abell, then their master, Edward Kinaston, Ro­bert Shawe, Ralph Moore, George Hubburt, and Mi­chaell Gardiner. For the Committee, to waite upon the said Lord Marques Hambleton, by whom Master Kill­vert had intimated his Majesties pleasure should bee made knowne, and to impart the same againe unto the Company.

That Alderman Abell, and the rest, did attend the Marquesse who told them, that his Majesty had given him the Fines of all the Vintners to be imposed in Star-chamber, but yet if the Vintners would condescend to pay his Majesty 4, pound a Tunne, upon Consumption of wines, he could forbeare the fines, and all prosecu­tions should be stayed, and himselfe would depend up­on his Majesties favour in some other thing.

And after many attendances and severall reasons offered by them on the behalfe of the Company, against paying any thing on the Consumption of Wines, and not prevailing, beeing then by the Lord Marquesse pro­mised some advancing price and other priviledges, and beeing advised by Counsell that wine beeing a forraygn Commodity, his Majesty might prohibite the comming of it, and impose what he pleased on it, thereupon and upon the aforesaid threats and promises after the same was imparted, and often debated by the Companie, they submitted to the payment of 40. shillings per Tunne, 4. pound beeing demanded; And soon the 11. of Iune 1638. together with the French and Spanish Merchants, they the said Company of Vintners, contracted by In­denture Quadrupartite with his Majesty, to pay him fourtie shillings per Tunne on all such wines as they bought and Vented, and the Company of Vintners beeing enformed that the Farmers of his Majesties Cus­tomes, and some particular Merchants of the Compa­ny of Coopers,

London moved and sued to his Majesty to farme the sayd Duties, and the Company of Vintners well know­ing what great hinderance it would bee to them, if strangers should come in & search their sellers, & know the particular of what they had bought and sould, the Company to prevent many inconveniences, desired ra­ther to Farme the duty from his Majesty, his Majestic declaring that he would not contract with a generality of company for the same, but with some particular mem­bers.

The Company did desire Alderman Abell, and nine others freemen of their Company, to performe the con­tract with his Majesty for the same duty, who tooke it to farme at 3000. Pounds Per Annum for eight yeares.

And it was agreed by the Company, that the far­mers should have no more share of profit and losse in the Farme then other brethren had, which should be plea­sed to undertake, and goe adventure with them: And it was ordered by the Company, that if that Farmer or adventurer should decease, that then that partyes adventure should bee transferred to some other free Vintner, and to none other, and not to descend either [Page 335]to the Executors or Administrators of such Vintners, so deceasing; the said ten Farmers, being nominated by the Company, and adventured in the same farme of forty shillings per Tunne on Wine and Farme of Wine Li­cences, which they likewise took by direction of the Company, on the second of January 1640. Humbly Petitioned his Majesty to accept of the said Farmes, they accounting to his Majesty for all moneys received from the beginning, they having allowance for what they dis­bursed, and stand engaged for, for his Majesties ser­vice, with interest and necessary charges, without any profit to themselves.

And Master Alderman Abell and divers others, the Contractors never dealt in grosse nor benefitted themselves by the Advance upon Retayle of wine, so that he in all this hath bin but a person intreated into this businesse for the Company, and no whit for himselfe, nor hath otherwise or in any other manner as for other cause acted any thing at all in or concerning this busines.

The Speech of Sergeant Glanvill in the upper House of Parli­ament, for the Redresse of the present Grievances.
His Majesty being seated on his Throne, Sergeant Glan­vill was called to the Barre, being represented by the House of Commons for their Speaker; who spake as fol­loweth.

THE Knights, Citizens, and Burgesses, of your Commons House of Parliament in conformity to ancient and most constant usage (the best guide in great solemnities) according to their well known priviledges (a sure warrant for their proceedings) and in obedience to your Majesties most gratious commands (a duty well becomming loyall Subjects) have met together, and cho­sen a speaker, one to be the mouth, indeed the servant of all the rest to steare watchfully and prudently in all their weighty consultations and debates, to collect faith­fully and readily the Votes and genuine sense of that numerous assembly, to propound the same seasonably & in apt questions for their finall resolution, and to pre­sent them and their conclusions, their declarations with truth and light, with life and lustre, and with full ad­vantage to your most Excellent Majesty. With what Judgement, with what temper, spirit, and elocution he ought to be endued, your Majesty in your great wise­dome is best able to discern, both as it may relate to [Page 389]your own peculiar and important affairs of State, to the proper work and businesse of this House of Commons, which was never small or mean, and now like to be ex­ceeding weighty.

It is a learned age wherein we live under your Maje­sties most peacefull government; and your House of Commons is not only the representative body, but the abstracted quintessence of the whol Communalty of this your noble Realme.

I most humbly therefore beseech your Majestie as the father of the Commonwealth, and hope of the whole nation, to whom the care of all our welfares appertains, to have respect to your own interest, have regard to your House of Commons, have compassion upon me the un­worthiest member of that body, ready to faint with fear, before the burthen lights on me, I have only a hearty affection to serve you and your people, little abilities for performance; In the fulnesse therefore of your Roy­all power, your piety, goodnesse, be gratiously pleased to command the House of Commons to deliberate upon a better choice who may be worthy of their choosing, and your Majesties acceptations.

The Lord Andevers speech con­cerning the pacification, the 6 of March.

I Did lately move your Lordships that the breach of the pacification might be speedily reviewed, as the [...] ­num necessarium; and truly my opinion at that time is yet nothing altered, although upon better thoughts (me thinks) it would first be known who did actually engage us in these fruitles dissentions, and so derive the mischiefe from some originall. For my Lords, the king­dome cannot now long stant at gaze or undergoe new burthens.

Wherefore what is to be done (if you intend it should prosper) must presently receive life from the whole people, otherwise we shall expire in a dream; and when the successe differs from expectation, it is not enough to [Page 398]cry, quod non put ar am. My Lords, the wiseman saies, 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 himself; and truly, I think it is your Lordships case at this point, either to consider what should further be done then is already, or else how to get out of those labyrinths we now are in, lest the words of the Psalmist come home to our selves, Vendidisti populum sinepretio.

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 Commonweale. It will therefore become your Lordships to second them in your way, and whilest they apply to publique wounds, the care of this house may search the intestines, for if they be not cleansed, it will be but a superficiall Cure, and break out againe.

My Lords, it seems the Earle of Strafford, and the Archbishop of Cant. have gone the high waies of iniqui­ty, and every one knows how to trace them, but Mines under ground are most considerable, which (unlesse they be likewise found out) may at any time spring and supplant the whole fabrick of all our labours. Let us then examine this fantastick warre ab initio; lest, as the Duke of Burgundy made a few Sheepskins the cause of his quarrel, so we shall find those sheets of paper sent un­der the name of a Liturgy, and book of Canons, were but the Mopsas of the story to divert our eyes from the main designe.

Therefore my humble motion shall be for a selected Committee of no great number, who may have power from the House to begin ab origne mali, revise every mans negotiations, who was either an Actor or Coun­sellor [Page 399]since the first appearance of those troubles in Scot­land, and that they may examine the Scottish Counsell upon such Articles, as the heavy pressure of this King­dome shall upon common fame administer unto them.

Occasionall Speeches, made in the House of Commons, this Parlia­ment. 1641.

Mr. Hides Argument before the the Lords in the upper House of Parliament. April. 1641.

MY Lords, I am commanded by the Knights, Citi­zens, and Burgesses of the House of Commons to present to your Lordships a great and crying grievance, which though it be complained of in the present pres­sures, but by the Northern parts, yet by the Logick and Consequence of it, it is the grievance of the whole Kingdome. The Court of the Presidents, and Coun­cell of the North, or as it is more usually called, the Courts of York, which by the spirit and ambition of the Ministers, trusted there, or by the naturall incli­nation of Courts to enlarge their own power and juris­diction, hath so prodigiously broken down the bankes of the first Councell, in which it ran, hath almost over­whelmed that Countrey under the Sea of Arbitrary power, and involved the people in a Labyrinth of di­stemper, oppression and poverty.

Your Lordships will give me leave not with pre­sumption to informe your great understandings, but that you may know what moved the House of Com­mons to their resolutions to remember your Lordships of the foundation, and erecting this Court, and of the progresse and growth of it.

Your Lordships well know, that upon the suppressi­on of all religious houses to such a value in the 27. yeere of H. 8. from that time to the thirtieth yeare of that Kings raigne, many (not fewer than six Insurrections) [Page 410]and Rebellions were made in the Northern parts, under pretence of that quarrell, most of thē under the cōmand of some eminent person of that country, the which being quieted before the end of the 13. year, that great King well knowing his own minde, and what he meant to doe with the great Houses of Religion; in the year follow­ing for prevention of any inconvenience that might en­sue to him upon such distemper, in the 31. year of his reign granted a Commission to the Bishop of Landaffe, the first President, and others for the quiet government of the County of Yorke, Northumberland, Cumberland and Westmoreland, the Bishoprick of Durham, the County of the Cities of Yorke, Kingston upon Hull, and New-Castle upon Tyne. But my Lords this Commission was no o­ther then a Commission of Oyre and Terminer, only it had a clause at the end of it, for the hearing of all causes reall and person, quando ambae partes, vel altera pars sit gravata paupertate fuerit, quod quomodo vis suum secun­dum legem Regni nostri, aliter persequi non possit, which clause how illegall soever, for that it is illegall and void in Law, little doubt can be made, yet whether they ex­ercise that part of the Commission at all, or so sparingly exercised it, that poore people found ease and benefit by it, I know not; but at that time I finde no complaint a­gainst it, till the comming in of King James the Com­mission continued still the same, and that in the first year of his Reigne to the Lord Sheffeild varied no otherwise from the former same, onely it had reference to In­structors which should be sent, though any new sent or no is uncertaine, but we can finde none.

In June, in the seventh yeare of the Reigne of King James a new Commission was granted to the same man (the Lord Sheffeild) very differing from all that went before, it being left out, that they should enquire per sacramentum bonorum & legalium hominum, and to heare and determine secundum leges Angliae; Relation being had [Page 411]only to the instructions which were the first instructions, we can finde were sent thither, though I told your Lord­ships there were some mentions of some In 1. Jac. I shall not trouble your Lordships with these Instructions, nor with the other that followed in 14. Jacobi to the same man, nor in 16 Jacobi, when a new Commission was granted to my Lord Sunderland, nor indeed with any till we come to these present Instructions, and Commissi­ons under which that part of the Kingdome groans and languisheth.

My Lord of Strafford came to that government in De­cemb. 4. Caroli, and since the Commission hath been three severall times removed, in the fist year in March, in the eighth in Novemb. in the thirteenth year of his Majesties reigne into that Commission of 8. and 13. a new clause served in for the granting, sequestring, and establishing Possessions according to instructions, crowded in a Masse of new exorbitant and intolerable power, though our complaint be against this Commission it selfe, and against the whole body of those instructions: I shall not mispend your Lordships pretious time in desiring to have the whole read, but shall presume to trouble your Lordships only with five or six of the instructions, that by the vast irregularity of those your Lordships may judge; how insupportable the whole burthen is. I shall not trouble your Lordships with the nineth In­struction, though it be but short, which introduceth that, miseram servitutem, ubi jus est vagum, & incognitum, by requiring an obedience to such ordinances, and de­terminations, as be or shall be made by the Councell Table, or high Commission Court. A grievance my Lords, howsoever consuetudo & peccantum claritas nobi­litaverit hanc culpam, of so transcendent a nature, that your Lordships noble Justice will provide a remedy for it, with no lesse care, then you would rescue the life and blood of the Common-wealth.

Read the 19.22, 23, 24.29. and 30: I will not trou­ble your Lordships with reading more, there being a­mong them in the whole 58. Instructions, scarce one that is not against, or besides the Law.

Whether His Majesty may caution out a part of his Kingdome to be tryed by Commission, though accor­ding to the rules of Law, since the whole Kingdome is under the Laws and government of the Courts establi­shed at Westminster, and by this reason the severall parts of the kingdome may be deprived of that privi­ledge, will not be now the question; that his Majesty cannot by Commission erect a new Court of Chancery, or aproceeding according to the rules of the Star-chamber, is most cleare to all who have read Magna Charta; which allowed no proceedings, nisiper legale judicium Parium & per legem terrae: for our Court of Chancery here by long usage and proscrip­tion is grown to be as it were lex terrae. But my Lords, the thircieth Instruction goes further, and erects such an Empire, such a Dominion, as shall be lyable to no con­trary.

The Courts of Westminster, my Lords, have superin­tendences over all inferiours Courts to regulate their jurisdictions, if they exceed their limits. As to hold Plea of greater value, or the like in his exercise of Juris­diction, the Judges are sworn to grant, and send pro­hibitions, and to stop the granting of these prohibitions, or to neglect them, when they are granted, is the grea­test and boldest scorn of the Law, and the Law-makers that can be imagined.

The Kings Courts at Westminster, having been al­waies of that awfull and reverent esteem, with inferiour Judges, that the instances of such contempts against them are very rare and exemplary in the punishment.

The Bishop of Norwich in Trinity Term, in the twen­tieth year of Edward the third, in Rot. 289. in the com­mon [Page 413]Pleas in Hilary Terme 21. in the Kings Bench, was attached for disobeying a Prohibition at the suit of Stracill, upon full and solemne dissension of the whole matter, the Court resolved, that the proceedings of the Bishop were inobedientiam & diminutionem Domini, & potestatis Regiae authoritatis suae lectionem & coronae suae ex­hereditationem manifestam, &c. As the words of the Records are, and therefore adjudged the temporall tyes of the Bishop to be seised into the Kings hand, and great, very great dammages to be paid to Plaintiffes: And whosoever gave directions for these stout Instructions, might have remembred that no longer since then Micha­elmas, in the seventh year of Eliz. Rot. 31. an Attach­ment was granted against the Archbishop of Yorke then President of that Councell, for forbidding the Goaler of Yorke to deliver one Lambert his Prisoner, who was sent for by a habeas corpus from the Kings Bench; and if they would have believed the resolution of all the Judges in England, in Trinity Term, in the 6 yeare of King James, they would have known how unfit it had been to enlarge that Jurisdiction, since most of their pro­ceedings being of an inferiour nature to what they are now grown, were then declared to be illegall and incon­sistent with the liberty of the Subject.

And can such a Court, as this my Lords, deserve to live? what a compendious abridgement hath Yorke got­ten of all the Courts in Westminster Hall? whatsoever sals within the cognizance, or jurisdiction of either Courts here, is compleatly determinable within that one Court at York, besides the power it hath with the Ecclesiasticall and high Commission Courts.

What hath the good Northern people done, that they only must be disfranchised of all their priviledges by Ma­gna Charta, and the Petition of Right; for to what pur­pose serve these Statutes, if they may be fined and im­prisoned without Law, according to the discretion of the [Page 414]commissioners? what have they done, that they, and they alone of all the people of this happy Iland must be disin­herited of their birth-right, of their Inheritance? For prohibitions, writs of Habeas Corpus, writs of errour are the birth-right, the inheritance of the Subjects.

And 'tis here worth your Lordships observation, that to those many prohibitions, which have been granted from above, for till of late, the court of Yorke had not the courage to dispose prohibitions, nor indeed till our Courts here, had not the courage to grant them. Twas never known, that Court pleaded the Jurisdiction of their Councell, which without doubt they would have done upon the advantage of many great persons, in whose protection they have alwayes been, had they not known the Law, could not be misinterpreted e­nough to allow it.

Your Lordships remember the directions I mentioned of Magna Charta, that all proceedings shall be per le­gale Judicium Parium, & per legem terrae, now these Ju­risdictions tell you, you shall proceed according to your discretion, that is, you shall doe what you please, onely that we may not suspect this discretion will be gentler and kinder to us then the Law, speciall provi­sion is made no fine, no punishment shall be lesse then by the law is appointed, by no means, but as much greater, as your discretion shall think sit; and indeed in this im­provement we find, Arbitrary Courts are very pregnant: if the Law require my good behaviour, this discretion makes me close Prisoner, if the Law sets me upon the Pil­lory, this discretion appoints me to leave my cares there.

But this proceeding according to discretion is no new expression, 'twas in the first Commission I told your Lordships of in the 31. Hen. 8. that they should proceed secundum legem & consuetudinem Regni Angliae, vel aliter se­cundum sanos discretiones vestras, which in the inter­pretation of the Law, and that is the best interpre­tation, [Page 415]signifies the same thing, to proceed accor­ding to discretion, is to proceed according to Law, which is summa discretio, but not according to their pri­vate conceit or affection: For talis discretio (saies the law) discretionem confundit: and such a confusion hath this discretion in these Instructions produced, as if dis­cretion were onely removed from rage and fury: no in­convenience, no mischiefe, no disgrace, that the malice, or insolence, or curiosity of these Commissioners had a minde to bring upon that people, but through the lati­tude and power of this discretion the poore people have felt, this discretion hath been the quickesand which hath swallowed up their property, their liberty: I be­seech your Lordships rescue them from this discretion.

Besides, the charge that this Court is to his Majesty, which is neer 1300. l. per annum, your Lor [...]ships will ea­sily guesse, what an unsupportable burthen the many of­ficers (whose places are of great value) the Atturnies, Clarks, Registers, and above 1000. Sollicitors that at­tend the Courts, must be to that people (insomuch) that in truth the Country seems to be divided into offi­cers and dependants upon that Court: And the people upon whom these officers of that Court prey and com­mit rapines, as he said in Petronius, Omnes hic aut captan­tur, aut captant; aut cadavere quae laterentur, aut corni quae laterunt. Truly my Lords, these vexed worn-peo­ple of the North are not sutors to your Lordships, to re­gulate this Court, or to reform the judges of it, but for extirpating these Judges, and the utter abolishing this Court; they are of Catoes minde, who would not sub­mit to Caesar for his life, saying, he would not be behol­ding to a Tyrant for injustice, for it was injustice in him to take upon him to save a mans life, over whom he had no power.

So these Gentlemen desire not to be beholding to this Court hereafter for injustice. The very administra­tion [Page 416]of injustice, founded upon such illegall principles being a grievance and oppression to the subject.

First upon the whol matter the House of Commons is of opinion, that the Commission and Instructions where­by the President and Councell of the North exercise a Jurisdiction, is illegall, both in the creation and execu­tion.

Secondly, that it is improfitable to his Majesty, for besides so much, neer thirteen hundred pound taken out of his Majesties revenues every year, his Majesty loseth the great benefit would accrew to him upon writs and upon Fines, upon Out-laws, and other profits, which redound to his Majesty out of his Court here.

And which I had almost forgot to tell your Lordships of, that his Majesty may be sure to have benefit from that Court notable care is taken, by the fiftty three Instructions, And if any money remaines over and above all disbursements, it shall be bestowed in providing Houshold-stuffe, and furniture for the house, where the Lord President and Councell use to be.

And lastly, that it is inconvenient and grievous to His Majesties subjects of those parts.

And therefore they are humble Sutors to your Lord­ships, and the house of Commons, on this behalfe, that since this people doe, and have, in all matters of duty and affection contend with the best of His Majesties subjects, that they may not be distinguished from them in the manner of His Majesties Justice and protection, since this Court originally instituted & continued by his Ma­jesty, for the ease and benefit of his subjects, is apparent­ly inverted to the burthen and discomfort of them, that your Lordships will joyn with the House of Commons in beseeching His Majesty, that the present Commission may be revoked, and no more such granted for the fu­ture.

A Speech of Master John White Counsellour, concerning Episcopacy.

EPiscopacy as it stands in this kingdom, comprehends in it in linea recta, these foure degrees, the Deacon, the Presbyter, the Bishop and the Archbishop, Every Archbishop wades through every of these ordinarily.

Of the first and last we have no vestigium in the holy scriptures. This Deacon may Preach and Baptize & help the Presbyter to administer the Lords Supper,Book of ordering of Deacons. but may not consecrate the Elements in the Lords Supper: con­trary to the Scriptures, by which Preach and Baptize, is a full Commission for the exercise of all the ministeriall function. Mat. 28.19.

The Deacon mentioned in holy Scripture, is the same in Office with our Church-warden, to looke to the Church goods and the poore, Acts 6. 1 Tim. 3.

The Presbyter is of all hands acknowledged to be, Jure Divino.

The Bishop is considerable in respect of his trayn, and secondly, in respect of himself.

His trayn are these, first the Dean and Chapter (cal­led Prebends, quia praeherent auxilium Episcopo,) and were originally ordained for his Counsell to advise him in difficulties in Religion, and to advise him in, and con­sent unto his dispositions of his possessions, Cok. r. 3. Dean and Chapter of Norwiches case.

Secondly, the Archdeacon is the oculus Episcopi to dis­cover and punish offences spirituall and Ecclesiasticall [Page 418]within his limits, & manus Episcopi, to present unto him such as are to be made Deacons and Presbyters, and to induct such as he admits and institutes into Benefices.

Thirdly, his Chancellors, Vicars Generall, Commis­saries, Officials, Surrogates, Registers, Promotors, and others belonging to his Cathedrals.

These be all meerly humane, and may be taken away without offence to God or conscience, if there appeare just cause for it.

The Bishop in respect of himselfe is considerable in his Barony and temporalties, and his spiritualties.

The first, is meerly Exgratia Regis, and in this king­dome began 4. of William the Conquerour:Case of tenures 35. a. And by vertue hereof, they have had place in the house of Peers in Parliament. 7. H. 8.1846. Kel. it is resolved by all the Judges of England, that the King may hold his Parlia­ment by himselfe, his temporall Lords and Commons, without any Bishop, for a Bishop hath not any place in Parliament by reason of his spiritualties, but meerly by reason of his Baronry, and accordingly acts of Parlia­ment have been made, 2 Rich. 3. cap. 3. and at divers o­ther times.

They have usurped the name of Spirituall Lords but of late, and were first called so 16 Rich. 2. c. 1. in our Statutes.

By his spiritualties, I mean those wherein he is more then a Presbyter, and therein I consider his authority o­ver Presbyters by the Oath of Canonicall Obedience, by which he may command them to collect tenths granted in Convocation, &c. 20 Hen. 6.13. p. 25.

Secondly, his Office which is partly Judiciall, and partly ministeriall; Judiciall, by which he is Judge in his Courts of all matters Ecclesiasticall and spirituall within his Diocesse, Cok. Rep. 8. Trollops. C. Secondly, he is Judge of the fitnesse of such as are presented unto him to be instituted into Benefices, Cok. rep. 5. Specots. cap.

Ministeriall, and thereby he is to Sacred places Dedi­cate to Divine Service. 9. H. 6.17. pag. 8. Secondly, he is to provide for the officiating of Cures in the avoy­dance of Churches on neglect of the Patrons, presenting thereunto. Thirdly, he is to certifie loyall Matrimony, generall bastardy and excommunication. Fourthly, to execute Judgements given in quare impedit, upon the writ Ad admittendum Clericum, and other, &c.

Fiftly, to attend upon tryals of life, to report the suf­ficiency or insufficiency of such as demand Clergy. Sixt­ly, to ordaine Deacons and Presbyters.

All these I conceive to be Jure humano, given to these Bishops, and may upon cause be taken away from them.

Ob. Bishops have been in the Primitive Church, and are Apostolicall and from the beginning.

Sol. To this I answer, first, that in the pure primitive times of the Church the History whereof is recorded in the Acts and Epistles of the Apostles, (in which the first and best patterns of Church government is expressed) there is no mention of other Bishops then the Presbyters, as appeares.

First, the holy Scriptures declare the duties and office of Presbyters and Bishops to be one & the same. The Bi­shop is to teach and rule his Church or Congregation 1 Tim. 3.2.5. and the Presbyter is to teach and feed his flock, and to oversee, care for, and rule them, 1 Pet. 5.2.3.

Secondly, the Presbyters are in holy Scriptures, said to be the Bishops of the holy Ghost, Acts 20.28. Paul charges the Presbyters of Ephesus to take heed to the flock whereof the Holy Ghost had made them Bishops. And other Bishops the Holy Ghost never made.

Thirdly, Ephesians 4.11. God is said to have given to his Church for the perfecting of the Saints, for the work of the Ministery, and for the edifying of the body of Christ, Apostles, Prophets, Evangelists, Pastors and Tea­chers; here is an expres enumeration of the officers God [Page 420]hath given, whereof the first three are extraordinary and ceased: and the last only remains, and is to remain untill we all come to perfection, as it is ver. 13. and this per­petuall Officer is called Pastor, in relation to his flock whom he is to govern in Spiritualibus, and Teacher in respect of his duty to feed them with the word of truth, and is the very same with the Presbyter, as appeares a­bove. Argumentum à divisione est fortissimum. The Bi­shop as he is any more then a Presbyter, is none of these, no Officer given by God, and therefore ought not to be in the Church; Christ the King of his Church was faith­full in his House, not only as a servant, as Moses was, but as the Son in an excellency and eminency, Heb. 3.5. and to his kingly Office it pertains to appoint the Officers he will use for the government of his Church in spiritu­alibus, and it agrees not with his faithfulnesse to neglect or omit the appointment of them, and leave his House, his Church, without such Officers. He is only wise, and therefore best knows what Officers are usefull for his Church, and infinitly loving of his Church, and there­fore hath not left her without any Officer fit for her.

Ob. Titus in the end of Pauls Epistle unto him, is said to be the first Bishop of Crete, and Timothy in the end of the Epistles unto him, to be the first Bishop of Ephesus.

Sol. Those additions are spurious, and no part of the holy Scriptures,Derk. upon Gal. 6. infine. For Tim. See 1 Cor. 4.17. & 16.10. Acts 17.13.15 & 19.22. & 20.4.5 1 Thes. 3.1.6. Heb. 13.25. Colos. 1.1. Phil. 1.1. & 2.19. For Titus See 2 Cor. 7.13 & 8.6.16.23, and 12.18. Gal 2.1. 2 Tim. 4.10. Tim. 1.5. and [...].3.12. and as Beza observes, are not in many greek ancient copies to be found, and this is so evident as it is granted by most Divines. 2. And as they be no part of the Scriptures of God, so they be apparently contrary unto them, for by them it appears, that they, namely Ti­tus & Timothy, were Evangelists, extraordinary officers, associats and fellow-helpers of the Apostles in their ge­nerall and Universall function, attendant upon them, and sent by them (as occasion required) from one Church to another, never keeping any fixed residence any where, and if they had been Bishops of any place, [Page 421] Paul would never have suffered, much lesse forced them to be non-residents.

Saint John Revel. 12.3. writing to the 7 Churches of Asia directs his speech to the Angel of each Church,Ob. 2. and in each of those Churches there were then severall Con­gregations and Presbyters, therefore the Angel was the Bishop over them.

To this I answer, that as Angel is a name common to all Presbyters who are Christs Messengers and Ambas­sadors: So it appears to be used here by the very context cap. 2. v. 10. Where speaking to the Angel of the Church of Smyrna, the holy Ghost saith, Feare none of the things thou shalt suffer, the Devill shall cast some of you into prison, but be thou faithfull, &c. Angel (being nomen multitudinis) is taken in these chapters collectively for all the Presby­ters (some of whom the adversaries should imprison,) and not for any one above or before the rest. The same ap­pears in the like manner, ver. 13.23.

Seeing then the Episcopacy may be taken away in all, wherein it exceeds the Presbyters office, and that the of­fice of the Presbyter is cleerly jure divino; I conceive we are first to restore the Presbyter to his due, and to him it belongs to teach and feed his flock and to oversee, care for, and rule them in spiritualibus, Act. 20.17. 1 Tim. 3.2.5. 1. Pet. 5.2.3. So saith the holy Scripture.

And so saith our Law also. He is to minister the Do­ctrine and the Sacraments, and the discipline of Christ, as the Lord hath commanded, and as this Realme hath received the same according to the commandements of God: See the book of Ordering of Priests in the 3. que­stion, And he is called in our Law Rector Ecclesiae, and the words of his institution be, Te [...]octorem Ecclesiae instituimus curamque & regimen animarum parochianorum tibi [...]in Do­mino committimus.

The Bishops have taken by usurpation from the Pres­byter divers rights: first, contrary to his Ordination [Page 422]and institution, they will not suffer him to preach in his own Cure without a license.

Secondly, they restrain him from preaching some do­ctrines, as of predestination and others that overthrow Arminian tenets, when his faithfulnesse in his Office re­quires he should keep nothing back,This is read to the Presbyter upon his Ordina­tion, and his charge then given him is remarkable See the booke of ordering Priests. but to shew them all the counsell of God, Acts 10.27. Thirdly, they will not suffer him to intermeddle in the discipline. These u­surpations I conceive are to be taken away, and the Pres­byter to be left free from them.

Secondly, for the Episcopacy, I conceive, that first their Baronies and the intermedling of the Clergy in Civill Councels, affaires, and imployments, ought to be taken from them.

First, I conceive such Bar [...] and intermedling is against the Law of God, Christ refused to intermeddle in divi­ding inheritances (though more able and fit for it then any Bishop) Luke 12.13. and saith his Kingdome is not of the world, John 18.36. and the Disciple is not above his Master, Mat. 10.24. and Acts 6. The Apostles refuse to intermeddle in the Deacon or Churchwardens office, though of all earthly imployments the neerest to the Church; and the reason they give is remarkable for this purpose, because they were to attend to Prayer and Ad­ministration of the word, and therefore not meet for them to attend such secular matters, and 2 Tim. 2.4. The Apostles laies down a rule in this case, that nemo militans Deo se implicat negotiis hujus seculi, and upon this ground, even the Popes Canon-laws are against these things, as inconsistent with the ministeriall function. And the due execution of the commission, Goe preach and baptize, is of it selfe burthen and work enough for any man what­soever his gifts and parts be, and made Paul though of a more excellent and able spirit, cry out under the sense of the waight of it, Who is sufficient for these things? 2 Cor. 2.16.

Secondly, it is against the fundamentall Laws of this Land, whereby they that are within holy Orders,Non est consonum quod ille qui salu­bri statui anima­rum & piis operi­bus continue de­servit ad insisten­dum in secularibus neg [...]tiis compella­tur, vide the writ. that they may the better attend upon, and discharge their du­ties, are not to be intangled with temporall businesse, and therefore if any such be chosen to any temporall office, the Law hath ordained a writ to discharge them thereof, Reg. 187.6.

The King may command the service of men in orders, and then it is to be given him by naturall allegiance.

This rule admits two exceptions and both are in this case: first, except the service from that person be against the Law of God as here it is, and then it is better obey God then man, in praesentia majoris cessat potestas minoris.

Secondly, if the service concern the Common-wealth, and the person of whom it is required, be not sufficient for it, nor brought up unto it, the command is against Law, and the service not to be done, if the King grant the Office of the Clarke of the Crown to one not brought up to it, it is void, and the service not to be intermedled withall by him, 9 Ed. 4.56. Winters case.

Secondly, that part of the Bishops spirituall office by which he claimeth superiority over Presbyters ought to be taken as I conceive from them as being against the will of God.

The Apostles questioning among themselves which should be the Superior, are sharply reproved by our Sa­viour for it, and he tels them plainly it shall not be so among them, Mark 10.42. Luke 22.25. and Diotrophes, 3 Job. 9. is branded for it, that he sought prehominence in the Church. The mystery of iniquity in the Popish Hie­rarchy, in the Presbyters exalting themselves, began to work in the purest primitive times, (as we see in Dio­trophes, and Peters cavear, 1 Pet. 5.3.) and never left till it came to the Pope,2 Thes. 2.4.7. the highest degree and top thereof; By which it seems to me evident, that to leave the pat­tern of Church government set down in the word of [Page 424]God to follow the examples of after ages upon a false cry of primitive times, is to forsake the pure fountain, and wallow in the muddy and corrupted streams of antichri­stian ambition.

Thirdly, that part of the spirituall office of the Bishop whereby he is to instruct the people committed to his charge, with the holy Scriptures, as upon the 2 questi­on put unto him at his Consecration, he undertakes to doe, ought (as I conceive) to be reduced to a possibility for him to performe it. It is impossible for him to doe it to a whole Diocesse, therefore he should be limited to some particular Congregation, unto which he might perform this trust, which requires sufficiency, attendance and diligence.

Fourthly, Ordination in the scriptures is ever expres­sed to be by them in the Church, that had authority and were officers in the Church, as Apostles, Evangelists and after by the Presbytery, 1 Tim. 4.14. 2 Tim. 1.6. And a shadow of this remains in our Law,Acts 14.23. Titus 1.5, 6, 7. for the Bishop only is not to lay hands upon the party to be ordained, but the Presbyters there attending are to joyn with the Bi­shop therein.Books of orde ring Priests. This I conceive is not fit to be in the hands of any one ordinary officer in the Church, the discerning of the gifts, abilities and faithfulnesse of persons to be or­dained Presbyters, requiring great judgement, care, and circumspection. Plus vident oculi quam oculus. The like I say of deprivation.

Fiftly, Excommunication by the Scriptures ought to be only in case of enormous offences and obstinacy in them, and onely in the Congregation whereof the par­ty to be Excommunicate is a member, 1 Cor. 5.4. Tell the Church cannot be meant of one man, Mat. 18.17. Diotro­phes is branded for taking upon him alone to cast any out of the Church. This also abused as well as usurped by the Bishop is to be reformed.

Sixtly, Institution and induction are usurped by the [Page 425]Bishops upon the fundamentall Laws of this Kingdome, by which the Patron after his Clerk was ordained, did without any more invest him into the Church. See Selden of tithes 86. And a relick of this we retain still in Chur­ches that be donatives.

Seventhly, The jurisdiction of tithes, causes matrimo­niall, and causes testamentary in the times of the increa­sing power of the Pope, when the Bishops thereby grew more formidable, were taken from the Civill Magistrate to whom originally they belonged, upon pretence, that the tithes were Jure divino, the Churches patrimony and Mariage a Sacrament, and that the disposing the goods of the dead, most properly belonged to him for the good of the soule in Purgatory to redeem it thence, to whom the cure of the Soule appertained in his life time, vide 2 R. 3. Testaments 4.11 H. 7.12 B. Plowden 279. B. Foxes c. Cok. rep. 9.37. B. Heustoes case. Dames rep. 97. B. Lalors c. Selden of tithes, 415.

Eighthly, The matters which are meerly and only spi­rituall, (which are properly of Ecclesiasticall cognizance) were anciently by the Lawyers of this Kingdome, heard and determined in the County and hundred Courts by the Sheriffe and the Bishop, and by William the Conque­rour these matters were taken thence and appropriated to the Bishop alone, 2 R. 2. Rotul. Parliament, num. 12. Selden of tithes 412. Book of Martyrs, 154.

And by the Law of God (as I conceive) they ought to be heard & determined by them that have rule in the par­ticular congregations and Churches, Mat. 18.17. 1 Cor. 5. which if it were so among us would be a wonderfull ease, and save great charges to the subject.

And where the difficulty of case or greatnesse of the persons whom it may concern, or where the Governors in particular Congregations demean not themselves as they ought, it ought to be referred to a Synod of Pres­byters, so many as shall be thought meet, as Acts 15. a [Page 426]question of difficulty arising in the particular Church of Antioch, and the dissention growing great about the same, they sent to Hierusalem, and there the Apostles and Presbyters convened, debated, concluded, and de­creed the matter, and imposed the observation thereof upon Antioch and other Churches, ver. 1.2.6.28. The Apostles would not meddle in the question without the Presbyters, and other Bishops there were none there, nor in the Churches. And faelicius expediuntur negotia com­missa pluribus, in the multitude of Counsellors there is safety, Proverb. 11.14.

And the change of our Laws (in case this House shall see cause for it) will not be so great or difficult as is con­ceived by some. For ordination, admonition, suspension and deprivation of Presbyters, and the judgement of the fitnesse of persons to be invested into Benefices Eccle­siasticall, and the care of providing for the serving of Cures during the vacancy and avoydance of Churches, and taking of the subscription of Ministers to the Arti­cles of Religion:13 Eliz. cap. 12.14 Eliz. cap. 5. and the visiting of Hospitals, whose Founders have appointed no visitors, which are now in the Bishop, may be settled in a convention of Presbyters, to be appointed for every hundred, from whom appeale may be had upon every gravamen to a greater Assembly of them, and those Presbyters, or any one of them, may be inabled to give the Oathes of Supremacy and allea­geance, where the Bishop is authorised to give the same. And Excommunication may be ordered to be certified by the Parson,3 Eliz. c. 1.7. Jac. cap. 6. Vicar or Stipendary of that Church where the party is excommunicate. And all Churches presentative, may be filled by investure of the Patrons, and all questions concerning them be determined by the same rules of law as Donatives are, And loyall Matri­mony be tryed by a Jury where the woman is party to the suit, as now it is where she is not party, so E. 3.15. P. 5.11. H. 4.4. B. 30. and as it is now, where the issue is [Page 427] Nient sa femme, 12. E. 3. Briefe 481.50. E. 3.15. B. 7. H. 6.12. June 35. H. 6.9. P. 10. Coke 8. E. 4.12. a Laton: And Ba­stardy generall & Bastardy beyond Sea, within the Sta­ture, 25 E. 3. De natis ultra mare, may be made tryable by Jury, as now speciall Bastardy is 11 Ass. 20.38. ass. 24.39. E. 3.31.6. & 7. Ed. 6. Dier. 79. P. 52. So tithes may be reduced to the Common Law and be sued for there, as it was ever in the case of the King or his Debtor 38. ass. 20. Cok. r. 5.16. a Cawdreis case, and as it is by the Statute of 2 and 3 E. 6. cap. 13. And for the Bishops attendance on tryals of life, it is needlesse, he being no Judge in it, but the Court, who may appoint any o­ther, or doe it themselves. And for Sacring of Chur­ches and other dead things, it is fit to be neglected and left off, being a Popish vaine superstition, and with­out colour of countenance from the word of God, the Leviticall consecrations being typicall and shadows of the good things we enjoy under the Gospel, Heb. 9.19, &c.

The Bishop being thus reformed and reduced to a condition and state agreeable to the word of God, the only right rule of reformation:

The Deans, Chapters, Vicars Generall, Chancellors,25 Exod. 9 40. 1 Chron. 28.11.19. Ezek. 4.10. 2 Cor. 4 6. and the rest of his Traine, qua tales (being tellaris inutile pondus) are to be removed and taken away also as super­fluous and uselesse.

We have intrusted the Episcopacy these fourescore and two years with the cure of Soules, a trust of the highest concernment, if we consider the price of Souls. Our Saviour is at a stand in it, What shall a man give in recompence for his Soule? Mat. 16.26. the price of it is best seen in the price given for it, God and man must become a curse to redeem it.

How have they discharged this trust? Survay the Churches throughout the Kingdome, and you shall finde neer eight parts of tenne of them filled with Idoll, [Page 428]idle, or scandalous Ministers, whom the Bishops might have by law refused, if discovered unto them before­hand, and ought to have removed being discovered unto them afterwards. And it hath aboundantly ap­peared this Parliament upon examinations taken in this House of Commons and the Committees thereof; that when Ministers extreamly scandalous, have been disco­vered to the Bishops and their Officers, and in the High-commission Court, they have received no further cen­sure then admonition, or to be put to purgation, and so sent home to destroy more Soules, as if they had not done sufficiently in that way before.

But if any godly, learned, and painfull Preacher hath been discovered by them, they have sought out all oc­casions against such, to thrust them out of the Church, and lay their Congregations waste and desolate, and e­very trifle, though indifferent in their own account, hath been made use of, and sufficed them for this, yea, they have made occasions and traps to overthrow such worthies without Law and against Law.

And herein they have inherited the vertues of Diotre­phes their first Predecessor, who would not receive the brethren, and forbad them that would, and cast both out of the Church, 3 John 10.

And though some of the Bishops have been and are good men, yet look into their Diocesse, and the Chur­ches in their gift, and judge whether they be good Bi­shops or no, you shall sinde them as faulty concerning this great trust as any of the rest. And whether it be not from hence evident, or at least greatly to be suspected, that some curse cleaves to the very Office of Bishops, when good men cannot manage it to any better purpose then the bad, let any man judge.

This Spirituall Monarchy hath two incidents inse­parable unto it, first that it is alwayes incroaching and usurping upon other powers, and swallowing them up, [Page 429]as the series of all ages aboundantly manifests. Second­ly, that it is ever inclining and returning to Popery, and the Religion of Antichirst, as hath most cleerly appea­red, even in our daies as well as before since the resto­ring of Religion; I shall for this time instance onely in three places of the Rubrick corrupted by Bishops: In the Rubrick confirmed by act of Parliament, in the be­ginning of it, It is directed, that prayer shall be in such place of the Church or Chancell, and the Minister shall so turne him, as the people may best heare.

In the Rubrick as it is now Printed, prayer shall be used in the accustomed place, &c. except it shall be o­therwise determined by the Ordinary.

Whereby they have introduced the Popish practice of reading Prayers at the upper end of the Chancell at their Altar, where few in the Church can see them, and fewer heare them, and turning their faces to the East, and their backs to the people in reading in the Desk, and co­lour all with the determination of the Ordinary.

Secondly, in the Letany, there are these words in the book of Common prayer confirmed by the Statutes of 5. and 6. Ed. 6. and of 1 Eliz. From the tyranny of the Bishop of Rome, and all his detestable enormities, good Lord deliver us; and that the Bishops in the latter books have caused to be left out wholly.

Thirdly, in the Rubrick concerning the administra­tion of the Lords Supper, as it stands now altered, an ex­cellent declaration of the reason why kneeling at this Sacrament was left in the reformation, and a renuncia­tion of Transubstantiation, Consubstantiation, adora­tion of the bread and wine, as abhominable Idolatries, are wholly obliterate and left out, that the use of that gesture there might be rendred the more suspicious and superstitious, and a more clear way might be made, to induce the Popish superstitious innovations, that have been since obtruded upon us, concerning the Table, [Page 430]Altar, supreminent presence of God almighty there, cringings, Altar-worship and the like. And I conceive alterations were made by the Bishops, as appeares unto me by the Proclamation they procured to be set forth 5. Martii, 1. Jac. concerning the booke of Common prayer.

And how can things prosper better in the hands of the Episcopacy, when Gods blessing alone giveth out pro­sperity, and the Lord disposeth his blessing in his owne way only, and not in any other?

And this being no plant planted by God in his Church, how can it be expected it should yeeld us any better fruits then we have received from it?

Againe, (if I be not much deceived) the Episcopacy in whatsoever it exceeds the Presbyters office (in which sense only I speak of it) is abranch of the Hierarchy of Rome, and of the Antichrist: and of that consider what is prophesied Revel. 14.11. They shall not have any rest day nor night, that receive any print of the name of the Beast; and examine the former and present times, whether the same hath not been verified among us, and in all such places where that Hierarchy hath been entertained, whether the most troubles and mise­ries of the Churches, and in great part also of the Com­mon-wealth, have not sprung from the said Episcopacy and the fruites thereof?

Therefore let us proceed to the perfecting of the Re­formation of our Church, and to the gathering out of it every stone that offends, even whatsoever is not ac­cording to God, and the standard of his word, and reduce every thing in the government to the rule, and walke in it in Gods way, which is the sure way to have his presence with us, and blessing upon us and ours for ever.

It hath ever been a point of higher honour from God, and of greater acceptance and esteem with him to ad­vance [Page 431]the reformation of his Church and worship;2 Cro. 17.6. & 3. iI [...] 1 Kings 15.14. 2 Kings 12.3. 1 Cron. 28.16. Zac. 4.7. and was & ever will be a reproach from him, and blot upon such as have left any thing not agreeable to his word unreformed, and not taken away: Up then let us be doing, and the Lord will goe before us, and make plain all mountains that may occurre in our way, and give a blessed issue and successe.

Sir John Wrayes Speech concer­ning Bishops. 1641.

THE first challenge for Lordly Primacy hath of old been grounded out of the great Charter, by which [Page 439]they hold an Episcopall Primacy or Jurisdiction to be long to their state of Prelacy: this is their temporall soundation and main object. Here I demand of them, unto what Church this great Charter was granted, and whether it were not granted unto the Church of GOD in England? Let the words of the Magna Charta decide this, which are these; Concessimus Deo pro [...]nobis in perpe­tuum, quod Ecclesia Anglicana libera sit, habeat omnia Jura sua iutegra & libertates suas illaesas. Now by this Charter, if it be rightly interpreted, there is first pro­vision made that honour and worship be yeelded unto God, as truly and indeed belong unto him.

Secondly, that not only such Rights and Liberties as the King and his Progenitors, but also that such as God had endowed the Church of England with, which God himself hath given by his Law unto the universall Church, and in that which the Kings of England by their Charter have bequeathed to the particular Church of England; and this we doubt not was the cause that moved Hen. 8. so effectually and powerfully to bend himselfe against the Popes Supremacy, usurped at that time over the Church of England; for, saith the King, we will with hazard of life and losse of our Crown uphold and defend in our Realms whatsoever we shall know to be the will of God.

The Church of God then in England not being free, according to the great Charter, but in bondage and ser­vitude to the See of Rome, contrary to the Law of God, the King judged it to stand highly with honour, and his Oath to reform, redresse, and amend the abuses of the same See.

If then it might please our gracious Soveraign Lord King Charles, that now is, in Imitation of that his no­ble Progenitor to vouchsafe an abolishment of all Lord­ly Primacy executed by Archepiscopall and Episcopall authority over the Ministers of Christ, his Highnesse [Page 440]in so doing could no more rightly be charged with the violation of the great Charter, then might King Henry the eight, with the banishment of the Popish Supremacy, or then our late Soveraign Lady Q. Elizabeth could be justly burdened with the breach of her Oath by the E­stablishment of the Gospell. Now if the Kings of England by reason of their Oath were so straitly tied to the words of the great Charter, that they might not in any sort have disanulled any supposed Rights or Liberties of the Church used and confirmed by the said Charter unto the Church, that then was supposed to be the Church of God in England, then be like King Henry 8. might be attainted to have gone against the great Charter and a­gainst his Oath, when by the overthrow of Abbeys and Monasteries he took away the Rights and Liberties of the Abbots & Priers, for by expresse words of the great Char­ter, Abbots and Priers had as large and ample a Patent for their Rights and Liberties, as our Archbishops and Bishops can at this day challenge for their Primacy.

If then the Rights and Liberties of the one, as being against the Law of God, be duely and lawfully taken away, notwithstanding any matter, clause or sentence contained in the great Charter, the other having but little reason by colour of the great Charter to stand upon their pantofles, and to contend for their painted sheaves, for this is a Rule and Maxime in Gods laws; that In om­ni Juramento semper excipitur authoritas majoris.

Unlesse then they be able to justifie by the holy scrip­tures, that such Rights and Liberties, as they pretend for their spirituall Primacy over the Ministers of Christ, be in Deed and Truth inferred unto them by the holy law of God, I suppose the Kings Highnesse (as successor to Hen. 8. and as most just inheritour of the Crown of England) by the words of the great Charter, and by his Oath, is bound utterly to abolish all Lordly Primacy, as hitherto upheld and defended, partly by ignorance and partly by an unreasonable and evill Custome.

My Lord DIGBIES Speech in Parliament, 1640.

THis happie meeting, is to bemoane and redresse the unhappie State of this Common-wealth. Let me have I beseech you your leave, to give you in a word, a short view of our griefes, then see whence they flow. Our Lawes, our liberties, our lives, and which is the life of all, our Religion; all which have been by the endeavours of so many Ages secured, and made so much our owne, can scarce be called ours. Our Lawes, the only finews and ligeaments of our estates, which should run in an even streame, are now made to disdaine their bancks, and to overflow and drown their fields, which they should gently redresse our liberties, the very spirit and essence of our weale, which should differ us from slaves, and speake us English-men; are held away by them, that even whiles they take them from us, cannot but confesse they are our proper dues. Are not our lives in danger, when an enemy disguised like a friend provoked, is as it were suffered (because indirect­ly, and in vaine resisted) to come almost into our bo­somes, to rifle some of their goods, others of their loyalty; which perhaps they could not, neither would have touch­ed, might we with united force have resisted. And lastly, which is the soule of all our grievances; our Religion, [Page 456]which should have beene our Cordiall in all our distem­pers; like a forced Virgin laments ever, that her pure innocencie is taken from her; and sure all these effects must have their causes.

That we have just, and wise Lawes, we may thanke those good Kings that made them; the settled exposition of just circumscribed Lawes to binde and defend the Subject. That they are so well framed and usefud, and to containe enough to make a good King and people, be perfect, be safe, and happie.

What do we owe to these grave Councellors▪ who sate here before us, and that they out-live the malice of some unbounded spirits; we are beholding to them that Re­prieved them from ruine, with their lives and fortunes; we call them ours, because we are freely born to them, as to the Ayre we breath in;we claime them and should possesse them under the Protection of our gracious King, who is their great Patron, and disposes them not inconsi­derately, but by the advice of those learned expositors of the Lawes (the Judges) and those whom he trusts to be his great and faithfull Councellors. If those pervert the ground and meaning of the Law, and contract [...]he power of it, or make it speake lowder or softer, as they them­selves are tuned for it; the blame should deservedly fall on those mistrusted ministers, who are the base betrayers of his Majesties honor, and his Peoples right; to vindi­cate which necessitie, hath here assembled you.

M^r. Speaker, Is not this offence and m lice, as great, who should undermine my Tenour, and surruptiously de­prive me of my evidence by which I held my Inheritance, as he who by violence should wrest it from me. The Scots we have heard branded as Traytors, because they have contrary to the law of Nations, and their loyaltie, inva­ded our Kingdome in Arms; what other title have they merited, who have invaded our Lawes and liberties, the precious evidence by which we should freely enjoy our [Page 457]selves, and our estates. The first, we may resist and drive forth by united force, and it will be called pietie to the King and Countrie; if force be lay'd against the other, it will be stiled Rebellion.

What now remaines, but that we should use the Law; which because it hath beene inverted and turned against us, contrary to its owne naturall and plaine disposition, should now right us and it self against our Adversaries. Surely the Law is not so weak and improvident, to take care for others, and never provide for its owne defence against those (be they Peeres, or people) that have abu­sed it. If we examine the Law well, it will tell us what hath beene the reward of such ambitious men, as have Monopolized and abused the Kings Authoritie; what have beene the punishment of such as have betray­ed the well meaning Subject to the Kings displeasure, and his Princes Councell to his enemies? what doe they deserve, who have raised mountaines of Monopolies, heapes of impositions, oceans of grievances? what have been the punishment of such as have belied Justice, and their conscience, and have made truth and honesty our of fashion.

And lastly, If no penaltie be found for these, sure there is some for such as have so disguised Religion in fanta­sticke dresses, that Heaven andearth cannot be but an­grie to see it; and in their politique pride have beene so long moulding a new State, and a new old Church for their owne advantage, till they have by their too much order put all out of frame, and made us objects of pitie, and themselves of hate. What if for these innovations, we innovate an examplary punishment? These are the ground-works of our miseries; and surely, M^r. Speaker, there are too many of all these sorts, which like envious clouds, hinders us from [...]he gracious shine our Sun in­tends us; therefore for his great r lustre, and our more assured comfort, let us endeavour to remove these inter­posers, [Page 458]that he may more freely see into his peoples bo­somes, and reade in their hearts firme characters of loy­altie and glad obedience, which the practices of these la­ter times have endeavoured to obliterate, but in vaine.

I shall not dare to borrow one minute of you more; but I shall alreadie end, though I have just now begun. If we consider the just extent of our grievances, the deep search of which wound I leave to you better abilities; and I beseech you think not that I sigh out these complaints, undertaking to instruct the grave Councell of this great Assembly, my infant advice presumes not to reach so high: It is but to let you see how much the slightest parts of this abused Common-wealth, is not only made sensible of our wrongs, but what we feele is farre exceeded by the numberlesse number of our just feares, which should have before this time utterly distracted us, had not our great Phisition now at length applied his soveraigne re­medie, to keep up our fainting hopes, by which we must either stand, or fall.

Master Pyms Speech in PARLIAMENT. 1640.

THe distempers of this Kingdome are well knowne, they need not repetition. For though we have good Lawes, yet they want their execution; or if they are ex­ecuted, it is in a wrong sence. I shall endeavour to apply a remedie to the breaches that are made, and to that end, I shall discover first the qualitie of the disease.

First, There is a designe to alter Law and Religion: the parties that effect this, are Papists, who are obliged by a maxime in their doctrine, that they are not onely bound to maintaine their Religion, but also to extirpate all others.

The second is their Hierarchie which cannot amount to the height they ayme at, without a breach of our Law. To which their Religion necessarily ioynes, that if the one stands, the other must fall.

Thirdly, Agents and Pensioners to forraigne States, who see we cannot comply to them, if we maintaine our Religion established, which is contrary to theirs, here they intend chiefly the Spanish white gold works which are of most effect.

Fourthly, Favourites, such as for promotion prize not conscience, and such are our Judges spirituall, and tem­porall; such are also some of our Councellors of State. All these, though severed, yet in their contrivements they ayme at one end, and to this they walke on four feet.

First, discountenancing of Preachers, and vertuous men, they persecute under the law of purity.

Secondly, Countenancing of Preachers of contrary dispositions.

Thirdly, The negotiating with the faction of Rome by Preaching, and to instructions to Preach of the absolute Monarchie of Kings.

Here follow severall Heads.

First, The politicall interpretation of the Law to serve their turnes, and thus to impose taxes with a colour of Law; a Judge sayd it when a babe is corpus was payd for.

Secondly, By keeping the King in continuall want, that he may seeke to their counsells for r liefe; to this purpose, to keepe the Parliaments in distaste, that their counsells may be taken. The King by them is brought to [Page 500]this, as a woman that used her selfe to poyson could not live with good meate. Search the Chronicles, and we see no King that ever used Parliaments, was brought to this want.

Thirdly, Arbitrary proceedings in Courts of Justice; we have all Law left to the conscience of a single man. All Courts are now Courts of conscience, without con­science.

Fourthly, Plotters to inforce a war between Scotland, and us; that when we had well wearied one another, we might be both brought to what scorn they pleased; The pertition wall is only unity.

Fiftly, The suddaine dissolving of Parliaments, and punishing of Parliament men, all to affright us from speaking what we thinke. One was committed for not delivering up the Petitions of the House; then a decla­ration which slandered our Proceedings, as full of lyes, as leaves, who would have the first ground to be our ex­ample. And Papists are under appearance to the King his best Subjects, for they contibute money to the War, which the Protestants will not do.

Sixthly, Another is Military, by getting places of im­portance into the Papists hands, as who are Commanders in the last Armie but they? none more strong in Armes, then they, to whom their Armour is delivered contrary to the Statute. Their endeavour is to bring in strangers to be Billited upon us; we have had no accompt of the Spanish Navie, and now our fear is from Ireland.

Lastly, The next is Papisticall that proceeds of Agents here in London, by whose desires many Monasteries and Nunneries here in London were erected.

Sir Thomas Baringtons Speech in Parliament, 1640.

WE have of late entred into consideration of the Petition of Right, and the relation of it; and upon good reason, for it concernes our goods, liberties and lives. But there is a Right of higher nature, that preserved for us farre greater things, eter­nall life, our soules, yea, our God himselfe; a Religion derived to us from the King of Kings, conferred to us by the Kings of this Kingdome, enacted by Lawes in this place, treading downe to us in the bloud of the Mar­tyes, and witnessed from Heaven by miracles, even mi­raculous deliverances. And this Right in the name of this Nation, I this day require, and claime, that there may be a deepe and serious consideration of the relations of it.

I desire first, that it may be considered what new paint­ings are layd on the old face of the Whore of Babylon, to make the more lovely, and to draw so many Suitors to her.

I desire that it may be considered, how the Sea of Rome doth eate into our Religion, and fret into he banks and walls of it, the Lawes and Statutes of this Realme, espe­cially since these Lawes have beene made in a manner by themselves, even by their owne Treasons and bloudy [Page 502]designes; and since that Poperie is a consused masse of errors, casting downe Kings before Popes, the Precepts of God, before the tradition of men, living, and reaso­nable men, before dead and sencelesse stocks and stones.

I desire that we consider the encrease of Arminianisme and errors, that makes the grace of God to lackie it after the will of man, that makes the Sheepe keepe the She­pheard, and make an immortall seed, of a mortall God.

Yea, I desire that we looke into the very belly and bowells of this Trojan horse, to see if there be not in it men readie to open the gates of Romish tyranny, and Spanish Monarchie, for an Arminian is the spaune of a Papist; and if their come the warmth of favour upon him, you shall have him turne into one of those frogs that arise out of the bottomelesse pit; and if you marke it well, you shall see an Arminian reach out his hand to a Papist, to a Jesuite, a Jesuite gives one hand to the Pope, another to the King of Spaine; and therein ha­ving kindled a fire in our neighbors Countrey, now they have brought some of it hither, to set on flame this king­dome also.

Let us further search and consider, whether these be not the men that breake in upon the goods and liber­ties of this Common-wealth, for by these meanes they may make way for the taking away of Religion. It was an old tricke of the Devills, when he meant to take away Jobs Religion, he began at his goods; Lay thy hand on all be hath, and be will curse even to thy face. Rather they thinke hereby to set a distance betweene Prince and people, or to finde some other way of sup­ply to avoyd or breake Parliaments, that so they may break in upon our Religion, and bring in their errors: but let us doe as Job did, he held fast his Religion, and his goods were restored with advantage; and if we hold fast God, and our Religion, these things shall be unto us.

Let us consider the times past, how we flourished in honor and abundance, when Religion flourished amongst us, but when Religion decayed, so the honour and strength of our Nation decayed; when the soul of this Common-wealth is dead, the bodie cannot long over live it. If a man meete a Dogge alone, the Dog is fearefull, but though never so fierce by nature; if that Dog have his Master by him, he will set upon that man from whom he fied before. This shewes, the lower na­tures being back't with the higher, increase in courage and strength; and certainly, man being back't with omnipotence, is a kinde of omnipotence. Wherefore let it now be the unanimous consent and resolution of us all, to make a vow and Covenant from hence­forth, to hold fast on God, and his Religion; and then may we from henceforth ex­pect prosperitie in the Kingdome and Nation to this Co­venant.

Let every one of us say, Amen.

THE SCOTTISH Commissioners Demand con­cerning the Sixt ARTICLE.

COncerning our Sixt demand, although it hath often come to passe that these two have been joy­ned by the bonds of Religion, and nature have suffered themselves to be divided about the things of this World; and although our Adversaries, who no lesse labour the division of the two Kingdomes then we do all seek peace, and follow after it, as our Com­mon happinesse, do presume that this will be the parti­tion wall to divide us, and to make us lose all our la­bours taken about the former demand, wherein by the help of God, by his Maiesties Princely goodnesse end Iustice, and your Lordships noble and equall dealing, we have so fully accorded, and to keep us from provi­ding for a firm and well grounded Peace, by the wise­dome and justice of the Parliament of England, which is our greatest desire expressed in our last Demand. We are still confident, that as we shall concerning this Ar­ticle represent nothing but what is true, just, and hono­rable to both Kingdomes; So will your Lordships hearken to us, and will not suffer your selves, by any slanders or suggestions to be drawn out of that straight and safe way wherein ye have walked since the begin­ning.

It is now, we suppose, known to all England, espe­cially to both the honorable Houses of Parliament, and by the occasion of this Treaty, more particularly to your Lordships, That our distresses in our Religion and Liberties, were of late more pressing than we were a­ble to bear, That our Complaints and Supplications for redresse, were answered at last with the terrors of an Army; That after a pacification greater preparations were made for war, whereby many Acts of Hostility were done against us, both by Sea and Land; The King­dome wanted administration of Justice, and we con­strained to take Arms for our defence; That we were brought to this extreme and intolerable necessity, ei­ther to maintain divers Armies upon our Borders a­gainst Invasion from England or Ireland, still to be de­prived of the benefit of all the Courts of Justice, and not onely to maintain so many thousands as were spoyl­ed of their ships and goods, but to want all Commerce by Sea, to the undoing of Merchants, of Saylors, and many other who lived by Fishing, and whose Callings are upholden from hand to mouth by Sea trade: Any one of which evils is able in a short time to bring the most potent Kingdome to Confusion, Ruine, and De­solation, how much more all the three at one time com­bined to bring the Kingdome of Scotland to be no more a Kingdome: Yet all these behoved We either to en­dure and under no other hope, than of the perfect sla­very of our selves, and our posterity, in our souls, Lives, and means; Or to resolve to come into England, not to make any Invasion, or with any purpose to fight, except we were forced, God is our Judge, our actions are our witnesses, and England doth now acknowledge the truth, against all suspicions to the contrary, and a­gainst the impudent lies of our enemies, but for our re­lief, defence, and preservation which we could finde by no other means, when we had essayed all means, and had [Page 527]at large expressed our pungent, and pressing necessities, to the Kingdome and Parliament of England. Since therefore the war on our part (which is no other but our coming into England with a Guard) is defensive, and all men do acknowledge, that in common equity, the defendant should not be suffered to perish in his just and necessary defence, but that the persuer, whether by way of Legall processe in the time of Peace, or by way of vi­olence and unjust invasion in the time of war, ought to bear the charges of the defendant. We trust that your Lordships will think that it is not against reason for us to demand some reparation of this kinde, and that the Parliament of England, by whose wisedome and justice we have expected the redresse of our wrongs, will take such course, as both may in reason give us satisfaction, and may in the notable demonstration of their Justice, serve most for their own honour.

Our earnestnesse in following this our Demand, doth not so far wrong our fight, and make us so undiscerning, as not to make a difference between the Kingdome and Parliament of England, which did neither discerne nor set forward a Warre against us; And that prevalent fa­ction of Prelates and Papists who have moved every stone against us, and used all sorts of means, not onely their Counsells, Subsidies, and Forces, but their Church Ca­nons and Prayers, for our utter ruine; which maketh them obnoxious to our just accusations, and guilty of all the losses and wrongs which this time past we have sustained: Yet this we desire your Lordships to consider, That the States of the Kingdome of Scotland being assembled, did endeavour by their Declarations, Informations, and Re­monstrances, and by the proceedings of their Commissi­oners, to make known unto the Councell, Kingdome, and Parliament of England, and to forewarn them of the mischief intended against both Kingdomes, in their Religion and Liberties, by the Prelates and papists, to [Page 528]the end that our Invasion from England might have been prevented, if by the prevalency of the faction it had been possible. And therefore we may now with the greater reason and confidence presse our Demand; that your Lordships, the Parliament, the Kingdome, and the King himself, may see us repaired in our losses, at the cost of that faction by whose means we have sustained so much dammage; And which, except they repent, we finde sor­row recompenced for our grief, torments for our toyl, and an infinite greater losse for the Temporall losses, they have brought upon a whole Kingdome, which was dwel­ling by them in peace.

All the devices and doings of our common enemies, were to bear down the truth of Religion, and the just li­berties of the Subjects in both Kingdomes. They were confident to bring this about one of two wayes: Either by blocking us up by Sea and Land, to constrain us to ad­mit their will for a law both in Church and Policy, and thus to make us a precedent for the like misery in Eng­land, or by their Invasion of our Kingdome, to compell us furiously, and without order, to break into England; That the two Nations once entred into a bloody Warre, they might fish in our troubled waters, and catch their desired prey. But as we declared before our coming: We trusted that God would turn their wisedome into foolish­nesse, and bring their devices upon their own pares, by our Intentions and Resolutions to come into England, as among our Brethren, in the most peaceable way that could stand with our safety, in respect of our common enemies, to present our petitions for setling our peace, by a Parliament in England, wherein the intentions and actions, both of our adversaries and ours, might be brought to light; The Kings Majesty and the Kingdome right informed, The Authors and Instruments of our divisions and troubles punished, All the mischiefs of a Nationall and doubtfull warre prevented, and Religion [Page 529]and Liberty with greater peace and amity than ever be­fore established, against all the craft and violence of our enemies. This was our Declaration before we set our England, from which our deportments since have not va­ried. And it hath been the Lords wonderfull doing, by the wise counsels, and just proceedings of the Parliament, to bring it in a great part to passe, and to give us lively hopes of a happy conclusion: And therefore we will ne­ver doubt, but that the Parliament in their wisedom and iustice, will provide that a proportionable part of the cost and charges of a work so great and so comfortable to both Nations be born by the Delinquents there, that with the better conscience the good people of England may sit under their own Vines and Fig-trees, refreshing themselves, although upon our great pains and hazard, yet not altogether upon our cost and charges, which we are not able to bear.

The Kingdome of England doth know and confesse that the innovation of religion and liberties in Scotland, were not the principall designe of our common enemies, but that both in the intention of the workers, whose zeal was hottest for setling their devices at home: and in the condition so the work, making us whom they conceived to be the weaker for opposition to be nothing else but a leading case for England. And that although by the pow­er of God, which is made perfect in weaknesse, they have found amongst us greater resistance than they did fear, or either they or our selves could have apprehended; Yet as it hath been the will of God that we should endure the heat of the day, so in the evening the precious wages of the vindication of religion, liberties, and laws are to be received by both Kingdoms, and will enrich, we hope, to our unspeakable ioy, the present age, and the posterity with blessings that cannot be valued, and with the good people of England, esteem more than treasures of Gold, and willingly would have puachased with many thou­sands. [Page 530]We do not plead that conscience and piety have moved some men to serve God upon their own cost, and that justice and equity have directed others, where the harvest hath been common to consider the pains of labou­ring, and the charges of the sowing, yet thus much may we say, that had a forraigne enemy, intending to reduce the whole Island into Popery, made the first assault upon her weaknesse, we nothing doubt but the Kingdome of England, from their desire to preserve their Religion and liberties, would have found the way to bear with us the expence of our resistance and lawfull defence, how much more being invaded, although not by England, yet from England, by common enemies, seeking the same ends, we expect to be helped and relieved.

We will never conceive that it is either the will or the weal and honour of England, that we should go from so blessed a work; after so many grievous sufferings, bearing on our backs the insupportable burdens of worldly ne­cessities and distresses, return to our Country empty, and exhausted, in which the people of all ranks, sexes, and conditions, have spent themselves. The possessions of e­very man who devoted himself heartily to this cause, are burdened, not onely with his own personall and particu­lar expence, but with the publike and common charges; of which if there be no relief, neither can our Kingdom have peace at home, nor any more credit for Commerce abroad: Nor will it be possible for us, either to aid and assist our friends, or to resist and oppose the restlesse and working wickednesse of our enemies: The best sort will lose much of the sweetnesse of the enjoying of their religion and liberties, and others will run such wayes, and undirect courses as their desperate necessity will drive them into. We shall be but a burthen to our selves, a vexation unto others, of whose strength we desire to be a considerable part, and a fit subject for our enemies to work upon for obtaining their now disappointed, but never dying de­sires.

We will not alledge the example of other Kingdomes, where the losses of necessary and just defence had been repaired by the other party, nor will we remember what help we have made, according to our abilities, to other re­formed Churches; and what the kingdome of England of old and of late hath done to Germany, France, and Hol­land; nor do we use so many words, that England may be burthened, and we eased, or that this should be a matter of our Covetousnesse, and not of their Justice and kind­nesse; Justice, in respect of our adversaries, who are the causes of the great misery and necessity to which we have been brought: kindnesse, in the supply of our wants who have been tender of the welfare of England as of our own, that by this equality and mutuall respect, both Nations may be supported in such strength and sufficien­cy, that we may be the more serviceable to his Majesty; and abound in every good work, both towards one ano­ther, and for the comfort and reliefe of the reformed Churches beyond the Seas, that we may all blesse God, and that the blessing of God may be upon us all.