doms, and to preserve and defend the Kings Majefties perfon and authority, in the preservation and defence of the true religion and Liberties of the Kingdoms, that the world may bear witneffe with our confciences, of our Loyaltie, and that we have no thoughts or intentions to diminish His Maiefties juft greatneffe. IIII. We shall alfo with all faithfulneffe endeavour the difcovery of all fuch as have been, or fhall be Incendiaries, Malignants, or evill inftruments, by hindering the Reformation of Religion, dividing the King from his people, or one of the Kingdomes from another, or making any Faction or parties amongst the people, contrary to this League and Covenant, that they may be brought to publicke triall, and receive condigne punishment, as the degree of their offences fhall require or deferve, or the fupreme Judicatures of both Kingdoms refpectively, or others having power from them for that effect, fhall judge convenient. V. And whereas the happineffe of a bleffed Peace between these Kingdoms, denyed in former times to our Progenitors, is by the good providence of Godgranted unto us, and hath been lately concluded, and fettled by both Parliaments, we shall each one of us according to our place and intereft endeavour that they may remain conjoyned in a firme Peace and Union to all Pofterity; And that Justice may be done upon the wilfull oppofers thereof, in manner expreffed in the precedent Articles. VI. We shall also according to our places and callings in this common cause of Religion, Liberty and Peace of the Kingdomes, affift and defend all those that enter into this League and Covenant, in the maintaining and pursuing thereof and shall not fuffer our felves directly or indirectly by whatsoever combination, perfwafion or terrour, to be divided, and withdrawn from this bleffed Union and conjunction, whether to make defection to the contrary part, or to give ourselves to a deteftible indifferency or neutrality in this caufe which fo much concerneth the glory of God, the good of the Kingdoms, and the honour of the King; but shall all the days of our Lives, zealously and conftantly continue therein, against all oppofition, and promote the fame according to our power against all Lets and Impediments whatsoever; and what we are not able ourfelves to fuppreffe or overcome, we shall reveal and make known, that it may be timely prevented or removed. All which we shall do as in the fight of God. And because thefe Kingdoms are guilty of many fins and provocations against God, and his Son Iefus Chrift, as is too manifeft by our prefent diftreffes and dangers, the fruits thereof; We professe and declare before God and the world, our unfayned defire to be humbled for our own fins, and for the fins of thefe Kingdomes, efpecially that we have not as we ought, valued the inestimable benefit of the Gofpel, that we have not laboured for the purity and power thereof, and that we have not endeavoured to receive Chrift in our Hearts, nor to walk worthy of him in our lives, which are the causes of other fins and Tranfgreffions fo much abounding amongst us; and our true and unfained purpose, defire, and endeavour for ourfelves, and all others under our power and charge, both in publike and in private, in all duties we owe to God and man, to amend our lives, and each one to go before another in the example of a real Reformation, that the Lord may turn away his wrath, and heavy indignation, and establish thefe Churches and Kingdoms in trueth and peace. And this Covenant we make in the prefence of Almighty God the Searcher of all hearts with a true intention to performe the fame, as we fhall answer at that great day, when the fecrets of all hearts fhall be difclofed, most humbly befeeching the Lord to ftrengthen us by his Holy Spirit for this end, and to blesse our defires and proceedings with fuch fucceffe, as may be deliverance and fafety to his People, and encouragement to other Chriftian Churches groaning under, or in danger of the yoke of Anti-christian Tyranny; to joine in the fame, or like Affociation and Covenant, to the glory of God, the enlargement of the Kingdome of Jefus Chrift, and the peace and Tranquility of Chriftian Kingdomes and Common-Wealths. Wil. Lenthall, Speaker Iames Cambell Tho. Cheeke Laurence Whitaker William Ieffon Iohn Creue William Haveningham Thomas Parker John Leigh William Strickland John Button Fdward Owner Charles L. Cranborne Ben Wefton Dudley North Roger Burgoyne William Alenfon William Afhurst Henry Shelley Richard Shuttleworth Henry Ludlow George Gallopp Henry Herbert Robert Wallopp Thomas Sandis Roger Hill Arthur Hefilrige VOL. II. Nn Oliver Oliver Saint-John Francis Barneham John Wray William L. Munfon Robert Goodwyn Philip Smith Cornelius Holland. Henry Cholmely John Blakiston Walter Longe John Rolle Robert Jennor John Waddon William Masham John Lifle Edmund Fowell Edward Afhe Thomas Pury Richard Whithead Richard Jenyns Humphrey Tufton Thomas Dacres John Downes Richard Harman George Buller Hen. L. Grey of Ruthin Christopher Yelverton Nathaniel Barnardifton Henry Heyman Tho. L. Grey of Groby Thomas Lane Robert Cecill William Bell Thomas Some Herbottle Grimstone Symon Snowe Herbottle Grimftone Edward Ayfhcoghe Richard Brown William Playters Nathaniel Stephens. Richard Rofe Francis Rous Gilbert Millington Walter Young John Brown John Hippifley Edward Poole Henry Pelham William Hay John Driden Nathaniel Fyennes William Lewis Giles Grene William Lytton John Hervey Edward Dowce William Strode Mr. EDWARD HYDES SPEECH, at a Conference betweene both Houfes, on Tuesday the 6th of July, 1641. at the Tranfmiffion of the feverall Impeachments against the Lord Chiefe Baron DAVENPORT, Mr. Baron TREVOR, and Mr. Baron WESTON. My LORDS, T HERE cannot bee a greater inftance of a ficke and languishing Common-wealth, then the bufineffe of this day; good God, how have the guilty these late yeares beene punished, when the Judges themselves have been fuch Delinquents. 'Tis no marvell that an irregular, extravagant, arbitrary power, like a Torrent, hath broke in upon us, when our bankes, and our Bulworks, the Lawes, were in the Custody of fuch perfons. Men who had loft their Innocence could not preferve their Courage, nor could we looke that they who had fo vifibly undone us, themfelves should have the vertue or credit to refcue us from the oppreffion of other men, 'twas once faid by one, who alwayes fpoke excellently, that the twelve Judges were like the 12. Lyons under the Throne of Solomon; under the Throne in obedience, but yet Lyons: your Lordships fhall this day heare of fix, who (be they what they will be elfe) were no Lyons: who upon vulgar feares delivered up the precious Forts they were trufted with, almost without affault, and in a tame, eafie trance of flattery and fervitude, loft and forfeited (fhamefully forfeited) that reputation, awe and reverence, which the Wifdome, Courage, and Gravity of their Venerable Predeceffors, had contracted and fastened to the places they now hold, and even rendered that study and Profeffion, which in all Ages hath been, and I hope now fhall bee of an honourable estimation, fo contemptible and vile, that had not this bleffed day come, all men would have had that quarrell to the Law it felfe, which Marius had to the Greeke tongue, who thought it a mockery to learne that language, the Masters whereof lived in bondage under others: And I appeale to these unhappie Gentlemen themselves, with what a ftrange negligence, fkorne and indignation, the faces of all men, even of the meaneft have been directed towards them, (fince to call it no worfe) that fatall declenfion of their underftandings in thofe Judgements, of which they stand here charged before your Lordfhips: But (my Lords) the worke of this day is the greatest instance of a growing, and thriving Common-wealth too; and is as the dawning of a faire and lafting day of happineffe to this Kingdome, 'tis in your Lordships power, (and I am fure 'tis in your Lordfhips will) to restore the dejected broken people of this Island, to their former joy and fecuritie, the fucceffors of these men to their old priviledge and veneration, & fepultas propè leges revocare. My Lords, the Iniquity of Judges is infectious, and their craftieft combination to leave as few innocent as may be, your Lordships have heard of Nn 2 the the juftice of two of the greatest Courts of Westminster, and that you may know how little advantage the other of his Majefties Revenue, the Court of Exchequer, hath of its fellowes in the administration of right; I am commanded by the House of Commons to present to your Lordships three severall charges, against three Judges of that Court, my Lord chiefe Baron Davenport, Mr. Baron Trevor, and Mr. Baron Wefton, your Lordships will please to heare them read. Your Lordships obferve, that the great refolution in Ship-money, was a Crime of fo prodigious a nature, that it could not be eafily fwallowed, and digefted by the Confciences, even of these men, but as they who are to wraftle or run a race, by degrees prepare themselves by dyet, and leffer affayes for the maine exercife, fo thefe Iudges enter themselves and harden their hearts by more particular trefpaffes upon the Law: by impofitions and taxes upon the Merchant in Trade, by burdens and preffures upon the Gentry in Knighthood, before they could arrive at that univerfall destruction of the Kingdome by Ship-money, which promised reward and security for all their former fervices, by doing the worke of a Parliament to his Majefty in fupplies, and feemed to delude juftice, in leaving none to judge them, by making the whole Kingdome party to their oppreffion. My Lords, of this Crime these three Judges feeme to be at least equally guilty, for however one of them my Lord chiefe Baron, is not charged with that Judgement, in the Exchequer-Chamber against Mr. Hampden, and how hee failed in making his conclufion from his own premiffes, he onely can informe you. Your Lordships fee how quickly he repented, that that mischief was done without him there, by his overtaking his Brethren in his circuit, and as he faid of the vileft kind of flatterers, Crudeliffimo fervitutis genere, quod intra fe abominabantur, palam laudabant: hee made all poffible hafte to redeeme himselfe from that imputation of Justice, and declared publiquely in the face of the Country, that it was adjudged by all the Iudges of England, that Ship-money was due to the King, though I believe he will be now glad to be thought none of those Judges, and what others did he well knew, and thereupon imprifon'd a poore man for doing that, which if Ship-money had beene due to his Majefty by Magna Charta, had beene lawfull for him to have done; of the Refolutions and judgement itfelfe I am not to fpeak, your Lordships have paffed your noble Judgement. My Lords, the firft charge in order is, that prefumptuous Decree against Mr. Rolles, and others, and in truth whatsoever gloffe they put upon it, is no other than a plaine grant of the Subfidy of Tunnage and Poundage to his Majefty upon all Merchandize; after their goods feised for non-payment of that pretended Duty, the Proprietors brought Replevins (which is the natural and genuine remedy, appointed by Law in cafe of Property, and grounded upon property) the Court awards an injunction to stay these Replevins, the goods were in the Kings poffeffion, and no Replevin would lye against the King: truly (my Lords) the Injuftice here is not fo fcandalous, as the fraud; we all know a Replevin (as no other fuite) lyes against the King, if the goods be in his owne hands, in his Bedchamber, but to call a feizure by the Far mours |