It is the duty of Mr Attorney and myself according to our place and oath to prosecute and charge any subject whatsoever without respect of persons which shall condemn or oppose your Majesty's authority, and this to do not only towards particular persons, but if there shall be any party or combination of subjects which shall lift up their horn to high we are by showing them the danger of your Majesty's laws to bring them to an acknowledgement of their fault and duty.
And though your Majesty's sacred person doth in itself after a sort portend grace (because a prosecution with severity has been more fit for your Courts of Justice) yet that (under your Majesty's favour) ought not to alter our part but that we should open and represent to the quick, the true state and weight of the offences{MS fo. 161v} which we shall now charge; that either your Majesty's justices may be thereby better grounded, if your highness shall suffer your laws to pass or your clemency the better perceived if you shall like to extend it.
The great offences wherewith these noblemen and gentlemen have been in part by Mr Attorney and shall be by me charged are bound up (for the most part) in this generality of nature and scope. That they tended to the disturbing, crossing and traducing of the parliament in Ireland called by your Majesty. Of which your Majesty's design, I can not in passage but use a few words.
After that your Majesty cast out that Archrebel Tyrone who in his last actions adds ingratitude to consummate his vices and treasons; and after your Majesty had with great felicity suppressed the rebellion of O'Doherty and Tyrconnell, that was like the stirring and motion of the residue of a serpent's body (when the head is stricken off); and after your Majesty had broken and severed other heads of danger, and acquainted the people with a more immediate dependence upon yourself the estate and made your writ run where sword could scarce make way{MS fo. 162r} before; what rested then to do but to settle things by parliament for your Majesty knew well in your wisdom that there remained yet unto you, a great contention not with persons but with the nature of things with the corruption of religion and manners with the licentious living of soldiers with the oppression of petty and base ministers, and sundry other disorders, which were the relics of inveterate troubles. And for all these there was no better remedy than a parliament not more agreeable to the office of a wise and just king.
The purpose and act of your Majesty being so just, gracious and worthy of yourself hath been in ill time interrupted by these delinquents and other of their party. How they myned against it before the parliament assembled hath been delivered by Mr Attorney who brought the cause in distribution of time to the very next approach of the parliament which the 17th of May last being the end and vigil of the parliament. I shall follow the order of time and set forth before your Majesty the actual breach made in{MS fo. 162v} Parliament accompanied with sundry circumstances of disobedience, and undutiful carriage. These high contempts and disorders appear in the evidence of several writings, and were continued as the acts of 4 immediate succeeding days the 19th, 20th, 21th and 22nd of May in every of which days, there were (as it were) so many violent fits of distemper and that sine signo sanitatis without any good sign of health that I can find save only one which was that in the end they appealed to your Majesty and craved license of access to your presence and princely audience. And yet nevertheless to show again that the change of air did no good in this disease, I shall show your Majesty some passages in two petitions made by the agents since their coming into England no less dangerous than any of the former conceived in Ireland. But before I descend to particulars, I beseech your Majesty to give me leave to say thus much in general and that very brief. First of the persons I do not behold or esteem those lords from whom my Lord of Gormanston and my Lord of Dunboyne have procuration nor likewise those members of the lower house from whom Mr Talbott and the rest of those agents are sent as Houses of Parliament. And yet even Houses of Parliament were they never so full and united, ought to contain themselves within the {MS fo. 163r} bounds of duty and modesty towards their Sovereign both in matter and manner. But that it is not this case. I behold those persons or parties whatsoever they may attribute to themselves Quis panxit leonem but a fraction or schism of a parliament, they being the minor part of either house. Neither do I doubt but even within the party, there is a great difference in affections. For to speak plainly, I never saw men offend in numbers but that error and example misled the greater part and that inward malice and guiltiness rested but upon a few. But that destruction is fitter for your Majesty's censure or grace than for our charge.
As for the facts themselves, I will not define them with the danger of them but certainly I will describe them thus far, that if in any particular man of this party there should appear disloyalty of intent to be coupled with overt act of contempt, it mought cost that man dear, nay as the acts themselves stand, if it had been in some other times of a severer strain, perchance they would have been questioned not as contemptuous only but as seditious. Now to the particulars themselves.
As for the facts themselves, I will not define them with the danger of them but certainly I will describe them thus far, that if in any particular man of this party there should appear disloyalty of intent to be coupled with overt act of contempt, it mought cost that man dear, nay as the acts themselves stand, if it had been in some other times of a severer strain, perchance they would have been questioned not as contemptuous only but as seditious. Now to the particulars themselves.
9 First 19 May 1613 which was the morrow after the parliament begun, eleven of the upper house, amongst whom the lords here present whereof the number did write over hither a letter directed to Your Majesty's self swelling in a presumptuous insolent style, evil becoming subjects towards their Sovereign so high and mighty Monarch, the words are such as the very echo of hearing again of their own words reported{MS fo. 163v} (now the fit is of) me thinks should astonish them and make them confused.
In this letter they term the proceedings held towards them this Parliament more than ‘preposterous courses’ and in another passage, ‘strange unlooked for and never heard of course’. These be indeed strange and unlooked for invectives and scandals from subjects who, if they complain out, to do it another language. In the entrance of the letter, they make a suit to your Majesty, that if many respects (which they reckon up) do carry them in ought ‘beyond the limits of a well-tempered moderation would be gratiously pleased to pardon their excess, so far as pius dolor and Iusta Iracundia do in themselves deserve’. What phrases call you these? For pius dolor, it may pass but Iusta Iracundia. What you that speak it, you are towards our great Master but as clay in the hands of a potter, or as a head of glass to a head of brass. It were a fit suit for me and it please your Majesty to make unto you, that in showing them their faults if just indignation do transport me, I may be pardoned; for no man that hath good blood in him can speak with patience in a case of so intolerable presumption. You talk of Iusta Iracundia, I tell you if King James's just wrath{MS fo. 164r} be kindled (yeah, but a little) they will be only happy that trust upon his mercy. In the same letter is set forth a general discontent not against the new corporations or boroughs but against the new plantations themselves, which was your Majesty's most Christian and blessed act. Of which plantations, I will only say this by the way. your Majesty doth not displant people to implant others but you introduce people were none were, or at least not in any complete proportion to inhabit and manure the land. Nay, the natives themselves are a great portion of the plantations. The rest bring wealth into the kingdom, they take none forth; that will be soon perceived when the new nourishment will run into the old veins. But certainly this I will affirm, this is not amongst the acts of kings under the sun, an act of truer glory and merit than the act of plantation of people, for a founder of an state is more than a benefactor, to plant is more than to water, and to introduce people is more than to comfort and protect people. And therefore these little emulations will no doubt quickly{MS fo. 164v} cease, and your subjects both of old and new plantations will find their case and condition infinitely amended and grew up together into a mighty nation.
Lastly in the close of this Letter, I find a clause to this effect: ‘We cannot but make known to your Majesty, if the general discontent which these courses have generally bred, whereof if the rebellions and discontented of the nation abroad do take advantage and procure the evil-affected at home, which are numbers (by reason of these already set and intended plantations) in any hostile fashion to set discord on foot and labour, some underhand relief from any prince or estate abroad was peradventure mought be inveigled and drawn to commiserate their pretended distresses and oppression (howsoever we are assured the prowess and power of your Majesty will in the end bring the author thereof to ruin and confusion, yet will all things be brought to a great combustion’, and so great tragedies will follow. I hope you had no ill meaning in this but it is a strange alarm bell{MS fo. 165r} rung out by subjects' complaint. Nay, you do as it were ____ and teach the method of a rebellion and the degrees and sequences of it, I remember Solon, when he was asked why he had not made any law against parricide, he said he was not willing to put men in mind of it. Me thinks you need (for these letters and copies will fly) put men in mind of it, as for the menace itself (for it is no letter) you will soon find (if that should be) that our sovereign to whom you truly attribute prowess and magnanimity and who is mounted upon the empire of the most martial nations of the world, will soon have his reason of any of his subjects, that shall sake the yoke, or any foreigner their support.
10 The same 19th day, and as it seemeth with the same spirit, there was written and sent a petition (with a declaration annexed) from the party of the lower house directed to the Lords of the Council here wherein because they run much{MS fo. 165v} upon the same string with the letter of the lords to the king, I will only extract 2 places which are proper to that letter.
The one that they complain of their own wrong. They had, I mean this party being the minor part of the house which was returned into the crown office upon record which is the warrant at least prima facie till expiration, by a trick or stratagem while the major part was gone forth to number themselves, placed Mr Everard in the chair of the Speaker and they complain that he was by force as they term it, taken forth of the chair, this was no force but a repulse of redress or force, if one without authority should come and sit down in one of the judges' places in the King's Bench or Common Pleas, I hope it were no violation of that court to pull him forth but rather precedent.
The second is that they exaggerate their case with such hyperbole and a tempest of rhetoric, as in one place{MS fo. 166r} they say, ‘Their extremities are so strange as they can find no words to express them’ and in another place that ‘That they are hardly to believed, being for likelihood of impossibility equal to that of Messalina, the wife of the Emperor Claudius in ancient Rome, or to any other accident so rare so ever transmitted to posterity’. This example (I knew the place well) but it so absurd and extravagant meeting with the case in nothing but as the 7 wonders met because they were strange things though one _____ and another at Rhodes that a man would think he had _____that penned it, save that it is the humour of some to show most reading when they show least wit and to bolt out a saying or a story whether it hit or miss.
11 To proceed to the 20th (for here were Nullus sine crimine dies) I shall set forth to your Majesty a very great presumption and contempt and fit to be looked to in time (for it may climb high) the party in the lower{MS fo. 166v} house desire my Lord Deputy may have sight and perusal of your Majesty's letter of direction to his lordship touching the corporations and of the _____ which are the warrants to the learned counsel for passing their patents as if the party in Parliament should require the sight of the warrants made to Mr Attorney & myself for passing. This is a presumption not tolerable subjects to intermit themselves into the king's secrets, which are Arcana Imperii, your letters to your deputy are letters of state and counsel, the warrants of learned counsel are secrets of their craft and office. Of these things the one and the other are accountable to your Majesty alone, if any will come between, he must take his answer: Tu quis es qui iudicas servum alienum? Domino suo stat vel cadit, letters patents, records are for the subjects' access but not letters, instructions warrants.
Now come I to the 21st of May at which time this party of the lower house, which the day before would see and seek further than appertained to them will now give law in a fashion to the Deputy{MS fo. 167r} and capitulate and treat with him upon what conditions, they will repair a parliament which followeth in these words. 'We do offer to your lordship, who carrieth the sway of this realm for his Highness that if we, duly elected and returned, may by your lordship's means be secured in our persons and that we may have benefit of the laws of the kingdom and of the ancient freedom, course and custom of former parliaments held therein with the censuring of the unduly elected, or that have unlawfully intruded into the lower house of parliament together with the determining of the abuses therein committed (all which are proper unto us) but a beginning of liberty, and license for conditional obedience is the first step to absolute disobedience. And their conclusion is pretty, for it is as much to say as if you will yield to us in all we require, we will do as shall please us. For they do not so much as{MS fo. 167v} make any submission of the point of the Speaker which stood namely _____ but in effect make both parts of the article what they will have and what they will do. And certainly these contempts are the greater, because I do not find in the answers or otherwise in the carriage of my Lord Deputy's matter of provocation but a moderate and discrete proceeding.
12 For the 22nd was as it were the state, or heights, of this disease after which succeeded an actual convulsion and rupture of the parliament, there is a petition exhibited to the Lord Deputy by the lords wherein though in few words, there are notable contempts.
First they say that the king's honour will be brought in question 'every day when in execution of the laws now to be made, they shall be cried out against by the subject, as unjustly and disorderly made'. So as now they will have the state in a dilemma, either we shall break the parliament or not, if we break it{MS fo. 168r} we have our ends, if we break it not, we shall raise such a murmur of the people against it as they shall have little joy of it.
The second is, they fall upon a flat directly and dash upon the rock of your Majesty's authority by an express negative, ‘we purpose to come no more to the parliament until his Highness hath taken some course for the better settling of things’. So as here is plainly an actual departure, withdrawing off.
And thirdly, because it may not be thought to be a sudden passion, they make their judgements subscribe to their will and judge themselves adding these words: ‘Neither do we think it presumption in us to signify to your Lordship as much’. So as here is now a feared offence with a hot iron, that there resteth no feeling of it. But that was then. I hope since and now they will have that feeling of their fault, as they will prostrate themselves before your Majesty's grace and clemency which they have tempted certainly very far.
{MS fo. 168v}So that the last Act and conclusion of this process was that both parties in the upper and lower house without licence obtained merely in contumacy and obstinacy, left the parliament which to do how great an offence, it is in itself though not clad with these circumstances, and how great persons have smarted for it by din and ransom in the King's Bench, Mr Talbot and Mr FitzHarris can tell or if they can not, I can.
And certainly this these contempts had a train and was greatly aggravated by two following circumstances, the one that it was continued after his Majesty's proclamation, which came forth the same day whereby the party in both houses were warned upon their allegiance to repair to their houses. The other that having knowledge that the bill of recognition was according to the manner first to be read in the upper house and so to come down to the lower (which ought to have moved them to have{MS fo. 169r} laid aside all contestation at least till they had performed duty), yet they so obstinate as that moved them nothing but they thought to salve it by an informal and perfunctory and indeed idle recognition in paper.
Whereas that act being an act which added nothing nor can add nothing to his Majesty's inherent right is only a gratulatory declaration and therefore ought to be performed in due solemnity.
And this hath been the periods of these contempts heaped up in these four days and appearing in the writing by ____ truly vouched and ready to be shown for so much as passed in Ireland.
There remaineth only a point which I mentioned before, how these offences were not cleared by the fire of England, but plain it was according to the verse ‘Caelum non animum mutant’13 for I find in a petition preferred the 12th of June to your Majesty by their agents here these words: ‘That by the courses held towards them, way is laid open to the infringing of those moderate liberties and privileges which the subjects of his Majesty's kingdoms of England and Ireland have enjoyed since{MS fo. 169v} the first institution of the laws by which they are governed’. All which tendeth most dangerously and factiously to make further party and to sow the seeds of scandal and discontent, even within the kingdom of England, and most causeless is this scandal, for whosoever hath known your Majesty's parliaments and parliaments of former times which myself hath done, having been a parliament ever since 23 Eliz., now 32 years, will give this testimony that in the time of King James liberties of parliament have been ampliate and enlarged and not infringed or restrained. And the like scandal is included in another petition, 22 June, whereby they prayed counsel to be.
Thus, having opened truly unto your Majesty, the state of the offences wherewith these delinquents are to be charged over and besides that part, which Mr Attorney formerly charged, I most humbly leave them to be made an example of your Majesty's grace or justice according to your royal will and pleasure.
I must conclude with a particular person, Thomas Luttrell, who by that which already{MS fo. 170r} appeareth hath been a turbulent and audacious instrument in all these businesses. Mr Attorney hath showed how he demanded his wages, but I will show you, he deserved his wages.
This gentleman after Mr Deputy had made an honourable and me thinks seemed a liberal answer to the petition of 21; that they should censure of the miselections and misreturns and willed them to go to their house and present their Speaker. Luttrell gets into his head a captious reply by way of petition: 'We hope your lordship means us only of the ancient boroughs to be the house, that Everard's our speaker' fastening upon my Lord Deputy's own conceits, forgetting the saying Maledicta glossa que corrumpit Textum. But the acting is all.{MS fo. 170v} He cometh with this petition into the upper house when my Lord Deputy was in the robes of state, representing your Majesty's sacred person and all the nobles and prelates likewise robed, a fair theatre for Mr Luttrell to play his part. He comes to my Lord Deputy in that state without reverence in a mutinous manner, and contained not himself within his errand or petition, but falleth to challenge and quarrel with my lord deputy touching the new corporations. My lord discretely and soberly answered your Majesty mought as lawfully create new boroughs as new counties. Luttrell in a gallant manner as if he had been a tribune of the people replies, we are content with the counties. Whereunto my lord chief justice, a grave and temperate man, yet stoutly as a chief justice should in such a presence and time gave him his own, and told him it was a traitorous speech to make your Majesty's power a dependent upon their contentment. Then fell Luttrell to comparisons and reprehended by my Lord of Thomond, a worthy peer of that kingdom and servant of your Majesty, braved him likewise. But such was the affront as my Lord Deputy had almost forgot the sword of state and thought of the sword of a soldier, all the presence was at a gaze and a wonder, and my Lord{MS fo. 171r} Chief Justice took him upon the place, a recognizance of £5,000 to be forthcoming. And yet this man must have his wages, if your Majesty send him to the Tower of London, that is his deserved wages, the Mint is not far off. I could speak of his pilgrimages but I stay here and leave him to your Majesty's princely consideration and justice.