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care, with that emphatical penalty, that their estates and lives shall be in the king's mercy, upon the violation of the same, either in whole or in part; Neither hath the deserved punishment for the breach of this oath, been enacted, as bugbears to enforce the obedience of children.

"No, my lords, the just execution of it upon their predecessors, though in breaches not so capital, might have, warned them to have strangled their ill born resolutions in the cradle, before they should more proclaim their infamy, and petition for their punishment. Witness sir Thomas Wayland his banishment, confisca tion of is goods and lands, ouly for his mercenary Justice contrary to his Oath, who was chief justice of the Common Pleas, in the time of Edward 1. Witness sir William Thorp, Chief Justice of the King's Bench in the time of Ed. 3, who was adjudged to be hanged, because he had broken the king's Oath made unto the people, wherewith he was entrusted; for so was the interpretation of the reason entered in the roll.

"Yet, my lords, though Magna Charta be 10 sacred for antiquity; though its confirmaDon be strengthened by oath, though it be the proper dictionary that expounds meum and luun, and assigns every subject his birthright, it only survives in the Rolls, but is miserably rent and torn in the Practice. These words, 'salvo contenemento,' live in the Rolls, but they are dead in the Star-chamber. These words, Nullus homo liber disseisietur de libero suo tenemento nisi per judicium parium,' live in the Rolls, but they are dead where property and free-hold are determined by paper petitions; These words, Nulli vendemus, nulli 'diferemus justitiam,' live in the Rolls, but are dead when the suits, judgments, and executions of the subjects are wittingly or illegally retarded, suspended and avoided: Shall we desire to search the mortal wounds inflicted upon the Statute Laws? Who sees them not lying upon their death beds, stabbed by Proclamations, their primitive and genuine tenures escheated by Acts of State, and strangled by Monopolies?

Will you survey the Liberties of the Subject? every prison spews out illegal Attachments and Commitments; every pillory is dyed with the forced blood of the subjects, and hath Bars, though not to hear, yet to witness this complaint. Do you doubt of the defacement of the amiable offices of his majesty's most transplendent, and renowned justice and grace? Let then that microcosm of letters patents, confried under his majesty's and his prede.esors broad seal of the kingdom, being the public faith thereof, and yet unchristened by ivolous and private opinious, rise up in judgment. Let the abortive judgment of the tenure in capite, where no tenure was expressed; nay, Jet the heretical traitorous opinions, where the tenure was expressed, yet to draw in all by markets and fairs, granted in the same patents, rise up in judgment.-What glass hath this un

happy divided kingdom from his majesty's pres sence and audience to contemplate the fair and ravishing form of his royal intentions in, but in the clear and diaphanous administration of his justice? And what do these traitorous and il legal practices aim at, but in affront to his ma jesty, which we most tenderly resent, and dis content to his subject, to multiply, as by a magic glass, the royal dispensation of his favours, into the ugly and deformed visage of their suppression of the liberties, devastation of estates, and deprivation of the lives of his loyal subjects; so that it may be said, ' Regali capiti cervicem consul equinam jungere sic vellet variasque inducere plumas.'

"My Lords; these ought to be considered with as serious and attentive an ear, as they were practised by mischievous experiments. Inquire of the Netherlands why their fields are grown fertile by the inundation of blood; why the pensive matrons solemnize too too frequent funerals of their husbands and issue, and they will answer, That it was for the preservation of their laws, which tyranny would have innovated. This kingdom personated in the sable habit of a widow, with dishevelled hairs, seems to petition your lordships, that since she is a mother to most of us, yet certainly a nurse unto us all, that you would take some order for a redress of her tyrannical oppressions.

"These persons impeached, resemble the opacous body of the earth, interposed to eclipse that light and vigour, which the solar aspect of majesty would communicate unto his subjects. They imitate the fish Sepia, that vomits a dark liquor out of her mouth, to cloud the waters for her securer escape. They are those to whom the keys have been committed, yet they have barred the door to them that knocked. They are those unnatural parents, that give their children stones instead of bread, and scorpions for fish. Was it to this purpose that the royal authority situated them in these emi nent places, that, like beacons upon high hills, they should discover and proclaim each innovation and stratagem against the public weal; whilst they, in the mean time, employ their fires to a public incendiary, or like Ignes fatui, seduce the easy and believing traveller into pits and unexpected mires?

"Were they sworn to seal their damnation, and not the confirmation of our liberties, estates, and lives? Shall a man be censured for perjury in that breach of his private faith, and these be justifiable in Treason, aggravated by perjury against the crown and public faith of the kingdom? No, my lords, your grave, judicious, and mature examination, and deserved punishment of these traitorous proceedings, will speak these times as glorious to posterity in their reformation, as now they are lamented in their persecution. The blood-thirsting sword of an hostile enemy by a timely union and a defensive preparation may be prevented. The thin-ribbed carcase of an universal famine may have his consumption restored by a supply from our neighbouring nations. The quick-spreading

venom of an infectious pestilence may be pre- | litia, where there is an emulating policy, who vented by antidotes, and qualified by physical remedies: but this Catholic grievance, like a snake in the most verdant walks, (for such are the unblemished laws truly practised) stings us to death when we are most secure, and, like the king's-evil, can only be cured, by his majesty's free and gracious permission, of our modest and gentle proceedings for his vindication, and our preservation therein included.

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Spenser and Gaveston, who have left their names monumentally odious, for the evil counsel they fed the king's ears with, yet did possibly advance their own friends; whilst these dart their envy and treason as from a common center, equally touching the bounds of every superficies: for as concerning the valid estates, they have illegally overthrown them; when by your lordship's industry the laws receive their vigour, they will resume their confirmation. But the estates happily in themselves legal, that they have in an extrajudicial form established, will haste as speedily to their dissolution; so, that, Judas like, they betrayed their best friends with a kiss.

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My Lords, I cannot find in any surviving chronology of times, this season, to be parallelled with all circumstances: which makes me view the records amongst the infernal spirits, to find if, matched there, I might extenuate their facts, where first they appear like the false spirit, sent into the mouth of the prophets of Achab, to speak delusions to subvert the host of God. The most vehement and traiterous encounter of Satan, is lively decyphered in the true example of Job; where first I observe the disanalogy; he overthrows not Job's Magna Charta, he disseizes him not of his inheritance, nor dispossesses him of his leases, but only disrobes him of some part of his personal estate : when he proceeds to infringe Job's liberty he doth not pillory him, nor cut off his ears, nor bore him through the tongue; he only spots him with some ulcers: Here Satan stays, when these persons, by their traitorous combinations, envy the very blood that runs unspilt in our veins; and by obtruding bloody acts, damned in the last parliament, will give Satan size-ace and the dice, at Irish, in enthralling the lives of the subjects, by their arbitrary judicature. I would not, my lords, be understood to impute unto judges an infallibility, nor in impeaching these, to traduce those, whose candour and integrity shine with a more admired lustre, than their white furrs, who, like trophies of virginjustice, stood fixed and unmoved in the rapid torrent of the times, while these like straws and chips played in the streams, until they are devolved in the ocean of their deserved ro my lords, humanum est errare allows writs of error, and

but where there is cra

their oaths, an tary, and kn

my lords,

should raze and embezzle the records in the practick, that are for the tender preservation of our liberties, estates, and lives, seeking only to be glorious in a national destruction, as if their safety were only involved in our ruin, there I have command to pity, but not to excuse them.

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"To kill a Judge, quatenus a Judge, is not Treason; but to kill a Judge sitting on the bench, is treason; not for that the law intends it out of any malice against the party, but for malice against the law; Where then can an intensive or an extensive malice be more exprest or employed against the law, than the practical dialect of these persons impeached, speaks with a known and crying accent. The Benjamites slung stones with their left hands, yet they would not miss an hair's breadth: These extrajudicial proceedings are slung with the left, I mean they are sinistrous, and imprint their black and blue marks more certain and more fatal: so that they may say, Quæ regio in terris nostri non plena laboris? Though these things be familiar unto us, yet I cannot but admire how this unproportionable body of judicature, should swell up into such a vast and ulcerous dimension. But why should I? considering this eccentrick motion of the body of the law, bad his birth obscure, resembling the tares that were sowed in the night-time: but here is the difference, they were sown by the enemy in the absence of the master; but these are sown by the grand masters themselves purposely, to overtop and choke the expected harvest. Innovations in law, and consequently in government, creep in like heresies in religion, slowly and stily, pleading in the end a saucy and corrupt legitimacy, by uncontrouled prescription.

"My lords, this is the first sitting; and I have only chalked out this deformed body of High Treasen; I have not drawn it at length, lest it might fright you from the further view thereof.

"In conclusion, It is the humble desire of the Commons, that the parties impeached may be secured in their persons, sequestered from this house, from the Council-Table, and from 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 suitable to justice and the precedents of parliaments, so his majesty may appear in his triumphant goodness and indulgence to his people, and his people may be ravished in their dutiful and cheerful obedience and loyalty to his majesty. Your

hips may live in records to trumental reformers of these and the kingdom and compay an amiable sacrifice in recknowledgment of his majesty's ovidence for our preservation

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ARTICLES of the knights, citizens and burgesses in Parliament assembled, against, Sir RICHARD BOLTON, Lord Chancellor of Ireland; JOHN Lord Bishop of DERRY; Sir GERARD LOWTHER, kt. Lord-Chief Justice of his majesty's Court of Common-Pleas; and Sir GEORGE RATCLIF, kt. in maintenance of their Accusation, whereby they stand charged with High Treason.

I. That the said sir Richard Bolton, kt. lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of his majesty's court of Common-Pleas, and sir George Ratcliff, kt. intending the destruction of this real, have traiterously considered and conspired together, to subvert the fundamental laws and government of this kingdom; and in pursuance thereof they and every of them have traiterously contrived, introduced and exercised an arbitrary and tyrannical government against law, throughout this kingdom, by the countenance and assistance of Thomas Earl of Strafford, then chief governor of the kingdom.

Lowther, and sir George Ratcliff, knights, were privy councellors of state within this kingdom, and against their and every of their oaths of the same; and at the such times as the said sir Rich. Bolton, kt. was lord chancellor of Ireland, or chief baron of the court of Exchequer within this kingdom, and sir Gerard Lowther, kt. was lord chief justice of the said court of Common-Pleas, and against their oaths of the same, and at such time as the said lord bp. of of Derry was actually bishop of Derry within this kingdom, and were done and perpetrated contrary to their and every of their allegiance, and several and respective oaths taken in that behalf.

For which, the said knights citizens, and burgesses do impeach the said sir Richard Bolton, lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of his majesty's said court of Com mon-Pleas and sir George Ratcliff, kt. aforesaid, and every of them, of high treason against our sovereign lord the king, his crown and dignity.

II. That they and every of them the said sir And the said knights, citizens, and burRichard Bolton, kt. lord chancellor of Ireland, gesses, by protestation, saving to themselves John lord bishop of Derry, sir Gerard Low- the liberty of exhibiting at any time hereafter ther, kt. lord chief justice of his majesty's court any other Accusation or Impeachment against of Common-Pleas, and sir George Ratcliff, kt. the said sir Richard Bolton, lord chancellor of have traiterously assumed to themselves, and Ireland, John lord bishop of Derry, sir Gerard every of them, regal power over the goods, per- Lowther, and sir George Ratcliff aforesaid, and sons, lands, and liberties, of his majesty's sub-every of them; and also of replying to their, jects of this realm; and have likewise malici- and every of their Answer and Answers, which ously, perfidiously, and traiterously given, de- they and every of them shall make to the said clared, pronounced, and published false, un- Articles, or any of them, and of offering proof just, and erroneous opinions and judgments, also of the premises, or of any other impeachsentences and decrees, in extrajudicial manner ment or Accusation, as shall be by them exagainst law; and have perpetrated, practised, hibited, as the case shall, according to the and done many other traiterous and unlawful course of parliament, require. acts and things, whereby as well divers mutinies, seditions, and rebellions have been raised; as also many thousands of his majesty's liege people of this kingdom, have been ruined in their goods, lands, liberties, and lives: And many of them being of good quality and reputation, have been utterly defamed by pillory, mutilation of members, and other infamous punishments; by means whereof his majesty and the kingdom have been deprived of their service in juries and other public employments, and the general trade and traffic of this island for the most part destroyed, and his majest highly damnified in his customs and other re

venues.

III. That the said sir Richard Bolton, John lord bishop of Derry, sir Gerard Lowther, and sir George Ratcliff, and every of them, the better to preserve themselves and the earl of Strafford in these and other traiterous courses, have laboured to subvert the rights of parliaments, and the ancient course of parliamentary proceedings: All which offences were contrived, committed, perpetrated, and done at such times as the said sir Richard Bolton, sir Gerard

And the said knights, citizens, and burgesses, do pray that the said sir Richard Bolton, kt. lord chancellor of Ireland, John lord bishop of Derry, sir Gerard Lowther, kt. lord chief justice of the said court of Common-Pleas, and sir George Ratcliff, kt. and every of them, be put to answer all and every the premises; and that all such proceedings, examinations, trial, and judgment, may be upon them, and every of them, had and used, as is agreeable to law and justice."

July 31st 1646. Upon the petition of adjutant Grey and Mr. Steward against an illegal decree made by sir George Ratcliff in Ireland against them, 1.500/. were ordered to Mr. Steward, and 400/. to adjutant Grey, out of sir George Ratcliff's estate. (Whit!. 222.)-He was one of 57 persons excepted from Pardon in the Parliament's Propositions, July 11th, 1646. (6 Rush. 313,) and again in 1648. (Whit, 840, $43.)

What was the end of these Prosecutions does not appear.

157. Proceedings against JOHN GOODMAN, a Seminary Priest, condemned for High Treason: 16 CHARLES I. A. D. 1641. [4 Rushw. Coll. 2 Cobb. Parl. Hist. 710.]

ON Saturday, Jan. 23, 1641, the House of Commons appointed Mr. Hampden, Mr. St. John, sir John Culpeper, sir John Hotham, sir Peter Hayman, sir Walter Earle, Mr. Glyn, sir Tho. Barrington, and sir G.lbert Gerard, to prepare heads for a Conference with the Lords, concerning the Reprieval of Thomas Goodman, Priest and Jesuit, and upon such other matters as they in their judgments shall think fit.-Mr. Recorder of London was sent for, who at the bar made a Narrative of the whole passage of the Indicting, Condemning, and Reprieval of Goodman the Priest.-Mr. Glyn reports the heads of the Conference to be desired with the lords, concerning the Reprieval of Goodman, &c. Sir John Culpeper was sent up to the lords to desire a Conference by a committee of both houses presently, if it might stand with their lordships occasions, in the Painted Chamber, concerning the Reprieving of John Goodman, a Priest lately condemned of High Trea

son.

Which Conference, it appears, was presently had: After which the Lord Privy Seal reported to the Lords, "That Mr. Glynn had acquainted them with the Commons sending to the city of London, to advance money for his majesty's service, and that of the Commonwealth; answer was returned, That there was a general discontent amongst the citizens, for the Reprieval of one Goodman, a seminary priest, lately condemned for High Treason, who had been formerly so for the same offence, and banished this kingdom. By which they found that there was a great connivance at Jesuits and Priests through the kingdom, to the great

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disheartening of the people in this time of parliament, when they expect a thorough reformation. The Commons, therefore, desired their lordships assistance to discover such instruments as have dared to intercede for the interruption of public justice against such offenders, &c."

The Lords thought proper to acquaint the King with this Message from the Cominons: and appointed the Lord Privy Seal and the Earl Marshal to deliver it.

The same day, the King being attended at Whitehall by the two Houses, made a Speech to them, and afterwards, the Commons being withdrawn, his majesty spoke a few words to the Lords, to tell them, "That he heard of a Conference to be that afternoon, about the business of Goodman the Priest; and that, in a day or two, he would send them the Reasons for what he had done in that matter, which he hoped would satisfy them."

On Monday, the 25th, the Lords at a Conference communicated to the Commons the fol

lowing Message from the King.

"That the occasion of his majesty's knowledge of the Conviction of John Goodman the order that hath been taken for divers years, Priest, lately reprieved, was upon the constant That the Recorder hath at the end of every sessions attended his majesty with the Names of the persons convicted, with an expression of their offences, to the end that his majesty might he truly informed of the nature of their crimes, and consequently, not be induced by informa tion to reprieve such as were not fit for grace and mercy: And thereupon, That Goodman By statute 23 Eliz. c. 2, s. 2, it was enacted, was lately condemned for being in orders of a "That it shall not be lawfull to or for any Jesuite, Priest merely, and was acquitted of the charge Seminary Priest, or other such Priest, Deacon, and had never been condemned or banished of perverting the king's people in their belief, or religious or ecclesiasticall person whatsoever, being borne within this realme, or any other her before. His majesty is tender in matter of highnesse dominions, and heretofore since the blood, in cases of this nature; in which queen Feast of the Nativitie of Saint John Bap- ciful: but to secure his people that this man Elizabeth and king James have been often mertist, in the first yeere of her majestie reigne, shall do no more hurt, he is willing that he be le, ordeined, or professed, or hereafter to be , ordeined or professed by any authoritie advise; and if he return into the kingdom, to imprisoned or banished, as their lordships shall isdiction, derived, challenged or pretend-be put to execution without delay; and he will om the see of Rome, by or of what name, take such fit course for the expulsion of other or degree soever, the same shall be called Priests and Jesuits, as he shall be counselled owen to come into, bee or remaine, in any of this realme, or any other her highnesse unto by your lordships; and he doth not inions, after the end of the same fortie tend by this particular mercy to lessen the force of the law." yes, other then in such speciall cases, and upon such speciall occasions onely, and for such time onely as is expressed in this Acte, and if he doe that, then every such offence shall be taken and adjudged to be High Treason. And everyperinn so offending shall forbis offence be adjudged a or, and shail suffer, lose and forfeite as in Juse of High Treason." See 31 G. 3, c. 32.

On the next day, both Houses agreed on the following Remonstrance to the King, which the Lord-Keeper that same afternoon in presence of both Houses, delivered to his majesty.

"May it please your majesty; Your loyal subjects the Lords and Commons now assembled by your majesty's writ in the high court of

Parliament, humbly represent unto your gracious consideration, That Jesuits and Priests ordained by authority from the see of Rome, remaining in this realm by a statute made in the 21st year of queen Elizabeth, are declared Traitors, and to suffer as Traitors. That this law is not so rigorous as some apprehend, or would have others to believe; for that it is restrained to natural born subjects only, and doth not extend to any strangers at all. That it is enacted in the first year of king James, That all Statutes made in the time of queen Elizabeth against Priests and Jesuits, be put in execution ; and for a further assurance of the due execution of these laws, the Statute of the 3rd 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 estates. So that the Statute of queen Elizabeth is not only approved, but by the judgments of several parliaments in the time of king James of happy memory, adjudged fit and necessary to be put in execution.

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year of queen Elizabeth, being thus: viz. That the Priests and Jesuits come hither, not only 'to draw the subjects from their true obedience to the queen, but also to stir up sedition, rebellion, and open hostility within the realm, to the great endangering of the safety of her royal person, to the utter ruin, desolation, and overthrow of the whole kingdom, if not timely prevented.' And the tenour of the words of the statute of the 3rd year of king James, are in this manner; viz. Whereas divers Jesuits and Priests do withdraw many of his majesty's subjects, from the true service of Almighty 'God, and the religion established within this realm, to the Romish religion, and from their loyal obedience to his majesty; and have of late secretly persuaded divers recusants, and papists, and encouraged and emboldened them to commit most damnable treasons, tending to the overthrow of the whole state and com monwealth, if God of his goodness and mercy had not within few hours of the intended time ' of the execution thereof, revealed and disclos

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"That considering the estate and conditioned the same.' of this present time, they conceive this law to "The Houses do further inform, That some be more necessary to be put in strict execution, Jesuits and Priests had been executed in the than at any time before; and that for divers time of queen Elizabeth, and king James of weighty and considerable reasons, viz. for that happy memory; and when any of them have by divers Petitions from the several parts of received mercy, it was in such time, and upon this kingdom, complaints are made of the great such circumstances, as that the same might be increase of Popery and Superstition, and the extended unto them without danger. Whereas people call earnestly to have the laws against now of late, there hath been a great apprehenRecusants put in execution; seeing Priests and sion of endeavours by some ill agents to subvert Jesuits swarm in great abundance in this king-religion; and at this present both kingdoms dom, and appear here with such boldness and have a general expectation of a thorough reconfidence, as if there were no laws against them. formation. And there is already found so ill "That it appears unto the House of Com- consequence of the late reprieve of John mons by proof, That of late years about the Goodman the priest, That the House of Comcity of London, Priests and Jesuits have been mons having sent to the citizens of London for discharged out of prison; many of them being their assistance in the advancement of money, condemned of High Treason. They are credibly for the present and necessary supply of his mainformed, That at this present the pope hath ajesty's army, and the relief of the Northern counNuncio or Agent resident in the city, and they ties; upon this occasion they have absolutely have just cause to believe the same to be true. denied to furnish the same: And how far the The Papists as publicly, and with as much con- like discontents may be diffused into other parts fidence and impunity, resort to mass at Den- of the kingdom, to the interruption of the levymark house, and St. James's, and the ambas-ing the subsidies, the houses leave to your masadors chapels, as others do to their parish churches. They conceive the not putting of these statutes in execution against Priests and Jesuits, is a principal cause of the increase of popery.

jesty's consideration. It is found that Goodman the priest hath been twice formerly committed and discharged; that his residence now about London, was in absolute contempt of your majesty's proclamation, as the houses are credibly "That the putting of these Laws in execution, informed; that he hath been sometimes a mitendeth not only to the preservation and ad-nister in the church of England, and consevancement of the true Religion established in quently is an apostate; and both houses are this kingdom; but also the safety of your ma- very sensible, that no person should presume to jesty's person, and security of the state and go- intercede with your majesty in a case of so vernment, which were the principal causes of high a nature. They humbly desire, That a the making of the laws against Priests and speedy course may be taken for the due exJesuits, as is manifestly declared in the pream-ecution of the laws against the Priests and Jeble of the laws themselves, which are the best interpreters of the minds of the makers of them. "And because the words being penned by the advice and wisdom of the whole state, are much more full and clear than any particular man's expression can be; they were therefore read as they are vouched, those of the 27th

suits: that all mischiefs before mentioned may be timely remedied by your majesty's great wisdom. And lastly, That Goodman the Priest be left to the justice of the law."

On February 3, the King spoke to the two Houses as follows :

"My lords and gentlemen; Having taken into

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