I Am commanded by the Knights, Citizens, and Burgesses of the Commons house, to present unto you Irelands tragedy, the gray-headed common Lawes funerall, and the active Statutes death and obsequies, this dejected spectacle answers but the prefiguring type of Cesars murther wounded to death in the Senate, and by Brutus his bosome friend, our Cesars Image, by reflexion, even the fundamentall Lawes and Statutes of this Kingdom, the sole meanes by which our estates are confirmed, our Liberties preserved, our lives secured, are woun­ded to death in the Senate, I meane in the Courts of Justice, and by Brutus too, even by those persons that have received their beings and subsistence from [Page 2] them, so that here enters first those unseparable twins, Treason and Ingratitude.

In a plaine 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 party.

To betray a Fort is treason, but it dyes with a few men.

To betray an Army is treason, but it dyes with a li­mited number, which may bee reinforced againe by po­litique industry.

To blow Up both Houses of Parliament is treason, but succeeding Ages may replant branches by a fruit­full posteritie.

But this high Treason which I doe now againe in the name of the house of Commons charge and im­peach Sir Richard Bolton Knight, Lord Chansellour of Ireland, and Sir Gerard Lowther Knight, Lord chiefe Justice of the Court of Common-Pleas, John L. Bishop of Derry: Sir George Ratcliffe Knight, is in its nature so sarre transcending any of the for­mer, that the rest seeme to bee but pettie Larcines 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 vnder feet the rich Legacies of our fore-Fathers purchased with sweate and expence, I meane the Sta­tute Lawes, what is it but high Treason?

What is it through an Innate antipathy to their publique good to incarcerate the liberties of the Subject, vnder the Jron and weighty chaines of an arbitrary government? High Treason.

[Page 3] What is it (since his Majestie the most aimia­ble and delightfull portraiture of flourishing and indulgent Justice to his Subjects) to present him personated in their extrajudiciall censures & judge­ments, but to possesse (if possible) the hearts of his loyall Subjects of this Kingdome, that he is a bloo­dy and devouring Tyrant, & to provoke their never dying alleageance into a fatall & desperate Rebellio.

What is it to violate the sacred grants of many of his Majesties Progenitors Kings and Queens of En­gland confirmed vnder the broad Seale being the publique faith of this Kingdome, by an extrajudici­all breath grounded upon no record?

What is it to insert a surreptitions clause forged by some servile braine in the preamble of our last Act of Subsidies, by which the Kings most excellent Majestie and the Earle of Strafford are placed in one and the same Sphere, allowing them but equall influences to nourish the alleageance of this King­dome, what is this but to extoll other then regall au­thority, and to crucifie the Majestie of cur most gra­cious Soveraigne betwixt the two Theeves of go­vernment: Tyrannie and Treason.

My Lords, having such a full & lasting gale to drive me into the depth of these accusations, I can hardly steere & 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 certaine ruine of the Subject, &, if prov'd, a most favorable Prologue to usher in the Tragedy of the Actors, Counsellours, & abetters herein. What was then the first & main question? It was the subversion of the fundamentall Lawes of this Kingdome. Letthen Magna Charta, that lies prostrated, besmeared and roaling in her owne [Page 4] gore discount her wounds as so many pregnant and vndeniable proofes marke the Epithite magna; [...] confirmed by 30. Parliaments in the succes­sion of 18. Kings, the violation of which hath seve­rall times engaged the Kingdome of England in a vo­luntary sacrifice; a Charter w^ch imposeth that plea­sant and wel be comming Oath upon all Soveraignty to vindicate & preserve the immunitie there of be­fore the Crown incircle their royall Temples, in this Oath of so high consequence and generall Intrest, his Majestie doth in a manner levy a fine to his Sub­jects vse, for avoiding all fraudulent conveyances in the administratiō of Justice, & this oath is transplan­ted vnto the Judges as the Feoffees in trust appoin­ted between his Majesty & the Subject, & seal'd by his Majesties provident care, with that emphaticall penalty, that their estates and lives shall bee 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 been enacted, as Fulgura ex vitro, as Bugbeares to inforce the obedi­ence of Children; No my Lords, the just executiō of it upon their predecessors, though in breaches not so capitall, might have warn'd them to have strangled their ill-borne resolutions in the cradle, before they should now proclaime their infamy, and petition for their punishment: witnesse Sir Tho: Wey land his banishment, confiscation of his goods and lands, only for his mercenary Justice contrary to his Oath, who was chiefe Justice of the Common-Pleas, in the time of Ed. 1. witnesse Sir Will: Thorpe chiefe Justice of the Kings-Beach, in the time of Edw. 3. who was adjud­ged to be hanged, because he had broken the Kings oath, made vnto the people where with he was intru­sted, for so was the interpretation of the reason en­tred in the Rolle.

[Page 5] Yet my Lords, though Magna Charta be so sacred for antiquity, though its confirmation be strengthened by Oath, though it be the proper Dictionary that expounds meum and tuum, and assignes every Subject his Birth-right, it onely survives in the Rolles; but is miserably rent and torne in the practise.

These words Salvo contenemento, live in the Rols, but these are dead in the Castle Chamber.

These words; Nullus liber hujus ejiciatur e libero suo tenemento, in praejudicium parium, live in the Rols, but they are dead where property and free-hold are determined by paper Petitions.

These words; Nulli vendemus, nulle differemus Iustitiam, live in the Rols, but they are dead when the suites, judgements, and execution of the Subject are wittingly & illegally suspēded, retarded & avoided.

Shall we desire to search the mortall wounds in­flicted upon the Statute Lawes, who sees them notly­ing upon their death bed stab'd with Proclamations, there Primitive and genuine tenures escheated by Acts of State, and strangled by Monopolies.

Will you surveigh the liberties of the Subjects, e­very prison spues out illegall attachments & com­mitments, every pillory is dyed w^th the forced blood of the Subjects, and hath eares, though not to heare, yet to witnesse this complaint.

Doe you doubt of the defacement of the aymia­ble Offices of his Majesties most transplendent and Renowned Iustice, and grace, let then that Micro­cosme of Leters Patents confirmed under his Maje­sties and his predecessors broad Seale of the King­dome, being the publique faith thereof, and yet un­christened by frivolous & private opinions, rise up in Iudgement, let the abortive Iudgement of the te­nure [Page 6] in Capite, where no tenure was exprest, nay let the Hereticall and Trayterous opinions where the Tenure was exprest, yet to draw in all by Mar­kets and Faires granted in the same Patents rise up in Iudgments. What glasse hath this unhappy divi­ded Kingdome from his Majesties presence and au­dience, to contemplate the faire and ravishing forme of his royall intentions in, but in the cleere and dia­phanous administration of his Justice, and what doe these traytrous & illegall practises ayme at but in affront to his Majestie (which we most tenderly re­sent) and discontent to his Subject, to multiply as by a Magicke glasse the royall dispensation of his fa­vors into the ugly and deformed visage of their sup­pression of the liberties, devastation of the estates, & the deprivation of the lives of his loyall Subjects, so that it may be said; Regali Capiti cervicem consul equiaam Jungere sic vellet varias (que) inducere plumas.

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

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

This Kingdome personated in the sable habit of a Widdow with dissheveled hayres seemes to Petiti­on your Lordships, that since she is a Mother to most of us, yet certainly a Nurse unto us all, that you would make some order for redresse of her Tyranni­call oppression.

[Page 7] These persons impeached, resemble the opacious body of the Earth interposed to eclipse that light and vigour, which the solar aspect of Majestie would communicate vnto his Subjects.

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

They are those to whom the keyes have bin com­mitted, yet they have barred the doore to them that knock't.

They are these unnaturall Parents, that give their children stones, in stead of bread, and scorpions for fish. Was it for this purpose that y^e royall authori­tie scituated them in these eminent places, that, like Beacons upon high Hills, they should discover and proclaime each innovation and stratagem against the publique weale; whilest they in the mean time imploy therein fire to a 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 the confirmation of our liberty, ostates, & lives? Shall a man be censured for perjury, in that breach of his private Faith, & these 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.

[Page 8] The thin rib'd Carcasse of an universall famine, may have his consumption restored by a supply frō our neighboring Nations.

The quicke spreading venome of infectious pesti­lence may bee prevented by antidots and qualified by physicall remedies. But this Catholicke grie­vance, like a snake in the most verdant walkes, (for such are the unblemished lawes truly practised) stings vs to death, when we are most secure; and like the Kings evill, can onely be cured by his Majesties free and gratious premission of our modest and gentle procedings, for his vindication and our pre­servation therein included.

Spencer and Gamston who have left their names monumentally odious for the evill counsell they fed the Kings eare with, yet did possibly advantage their owne friends, while these dart their envie and treason for a common Centery, equal touching the bounds of every superficies: for as concerning y^e valide estates they have illegally overthrown, when the lawes by your Lordships industrie receive their native vigor, 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 Iudas like they betray their best friends with a kisse.

My Lords J cannot finde any surviving Chro­nologie of tymes, this season to be parallel'd with all circumstances, which makes me view the Records, amongst the infernal spirits to find, if match't there J might extenuate their facts; where [...] they appeare like the false spirits sent into the mouth of the Pro­phet [Page 9] Ahab to speake delusions to subvert the host of God.

The most vehement and trayterous encounter of Sathan, is lively deciphered in the true example of Iob: where first, I observe the disaualogie, he over­throwes not Iobs Magna Charta, he disseizes him not of his Inheritance, nor dispossesses him of his Leases; but onely disrobes him of some part of his parsonall estate: when he proceeds to infringe Iobs liberty, he doth not pillory him, nor cut off his ears, nor bore him through the tongue; he onely spots him with some ulcers; here Sathan staines, when these persons by their trayterous 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 sise 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: an iufallibility of errors: 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 fix't and unmov'd in the rapid torrent of the times, while these like strawes & chips plai'd in the streames, 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 knowne Lawes of the Kingdome: Nay (my Lords [Page 10] where it is rather praemeditata malitia, where there is an emulating policy who should raze & embe­sell the Records in the practique, that are for the tender preservation of our liberties, estates, and lives, seeking onely to be glorious in a nationall destru­ction, as if their safety were onely 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 Iudge sitting in the place of judicature, is treason; not for that the law intends it, out of any malice against the party, but for the malice against the Law: where then can an intensive or an extensive malice be exprest or implyed against the Law, then the practicall dialect of these persons impeach't, speakes with a knowne and crying accent.

The Beniamites slang stones with their left hands, yet they would not misse a haires bredth; these ex­trajudiciall proceedings are slung with the left, I meane they are sinistrous, and imprint their blacke and blew markes, more certaine, and more fatall; for that they may say, Quae regio in terris nostri non plena labor is? Though these things be familiar vnto us, yet I cannot but admire how this unproportionable body of judicature should swell up into such a vast and ulcerous dimension, but why should I conside­ring this 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 choake the expected Harvest.

[Page 11] Innovations in Law, and consequently in govern­ment, creepe in like heresies in Religion, slily and slowly, pleading in 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 not drawne it at length, lest it might fright you from the further view thereof: In con­clusion, it is the humble desire of the Commons, that the parties impeached, may be secured in their per­sons, sequestred from this house, from the Counsell table, and all places of judicature, as being Civiliter mortui; that they may put in their answers to the Articles ready now to be exhibited against them; and that all such further proceedings may be secret­ly expedited, as may be sutable to Justice, and the precedents of Parliaments, so his Majestie may ap­peare in his triumphant goodnesse, and indulgency to his people; and his people may be ravisht in their dutifull and cheerfull obedience, and loyalty to his Majesty: your Lordships may live in Records to posterity, as the instrumentall reformers of these corrupted times, and that the Kingdome and Com­mon-wealth may pay an aymiable sacrifice in retri­bution, and acknowledgment of his Majesties mul­tiplyed providence for our preservation herein.