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attainders of treason in parliament, after the statute of 25 Edward HI. for treasons not mentioned, nor within that statute, and those upon the first offenders without warning given them.
By the statute of 25 Edward III. it is treason to levy war against the King: Gomines' and Weston afterwards in parliament in-1 Richard II. numb. 88. 39. were adjudged traitors for surrendering two several castles in France only out of fear, without any compliance with the enemy; this is not within the statute of 25 Edward III.
My Lords, in 3 Richard II. John Imperial, that came into England upon letters of safe conduct, as an agent for the state of Genoa, sitting in the evening before his door in Bread-street, as the words of the records are, paulo ante ignitegium ; John Kirby and another citizen coming that way, casually Kirby trod upon his toe: it being twilight, this grew to a quarrel, and the ambassador was slain; Kirby was indicted of high treason, the indictment finds all this, and that it was only done se defendendo, and without malice.
The judges, it being out of the statute of 25 Edward III, could not proceed; the parliament declared it treason, and judgment afterwards of high treason there; nothing can bring this within the statute of 25 Edward III. but it-concerns the honour of the nation, that the publick faith should be strictly kept: It might endanger the traffick of the kingdom : they made not a law first, they made the first man an example. This is in the parliament roll, 3 Richard II. number 18. and Hilary term, 3 Richard II. Rot. 31.‘in the King's-Bench, where judge ment is given against him.
In 11 Richard II. Tresilian and others were attainted of treason for delivering opinions in the subversion of the law, and some others for plotting the like: My Lords, the case hath upon another occasion been opened to your Lordships; only this is observable, That in the parliament of the first year of Henry the Third, where all treasons are again reduced to the statute of 25 Edward III, these attainders were by a particular act confirmed and made good, that the memory thereof might be transmitted to succeeding ages : they stand good unto this day; the offences there, as here, were endeavouring the subversion of the laws.
My Lords, after 1 Henry IV. Sir John Mortimer, being committed to the Tower upon suspicion of treason, broke prison, and made an escape: this is no way within any statute or any former judgment at common law; for this, that is, for breaking the prison only, and no other cause, in the parliament held the second year of Henry the Sixth, he was attainted of high treason by bill.
My Lords, poisoning is only murder ; yet, one Richard Coke having put poison into a pot of pottage in the kitchen of the bishop of Rochester, whereof two persons died, he is attainted of treason, and it was enacted, that he should be boiled to death by the statute of 22 Henry VIII.
By the statute of 25 Henry VIII. Elisabeth Barton, the holy maid of Kent, for pretending revelations from God, that God was highly displeased with the King for being divorced from the Lady Catharine, and that, in case he persisted in the separation, and should marry another,
that be would not continue King above one month after; because this tended to the depriving of the lawful succession to the crown, she was attainted of treason.
In the parliament 2 and 3 Edward VI. cap. xvi, the Lord Admiral of England was attainted of treason for procuring the King's letters to both houses of parliament, to be good to the said Earl in such matters as he should declare unto them; for saying that he would make the parliament the blackest parliament that ever was in England, endeavouring to marry the Lady Elisabeth the King's sister, taking a bribe of Sherrington, accused of treason, and thereupon consulting with council for him, and some other crimes, none of them treason, so clearly within the statute of 25 Edward III. or any other statute, as is the case in question.
My Lords, all these attainders, for aught I know, are in force at this day; the statutes of the first year of Henry the Fourth, and the First of Queen Mary, although they were willing to make the statute of the five and twentieth year of Edward the Third the rule to the inferior courts, yet they left the attainders in parliament precedent to themselves untouched, wherein the legislative power had been exercised. There is nothing in them whence it can be gathered, but that they intended to leave it as free for the future.
My Lords, in these attainders, there were crimes and offences against the law: they thought it not unjust, circumstances considered, to heighten and add to the degrees of punishment, and that upon the first offender.
My Lords, we receive, as just, the other laws and statutes made by these our ancestors: they are the rules we go by in other cases: why should we differ from them in this alone?
These, my Lords, are in part those things which have satisfied the commons in passing of the bill: it is now left to the judgment and justice of your Lordships.
THE TRIUMPH OF KING CHARLES ;
OR, THE TRIUMPHANT MANNER AND ORDER OF
'RECEIVING HIS MAJESTY INTO HIS CITY OF LONDON,
On Thursday, the twenty-fifth day of November, Anno Dom. 1641,
UPON HIS SAFE AND HAPPY RETURN FROM SCOTLAND.
With Mr. Recorder's Speech to his Majesty,
AND HIS MAJESTY'S MOST GRACIOUS ANSWER.
London, printed by A. N. 1641. Quarto, containing thirty-eight pages.
Cides Londinenses, Illustrissimi Regis Caroli è Scotia Reditum, siç
PRINCIPIS adventus Caroli, vel gratior urbi
Quis dicat; Carolus vel mage gratus erat?
Nostra soluta facit debita, grata minus.
Ut crescat Caroli Gratia, noster amor.
London, To the King,
THANKS, mighty Sir, that you would gracious be,
Where e'er you go,
London, To the Queen.
you were pleas'd, great queen, my streets to view,
TH "HAT princes have been often-times received in a triumphant man
ner, by their subjects, either after the subduing of a nation by force of arms, or the quiet pacification of a people, without blood-shed, is a thing not novel; none but they that are not versed at all, in the ancient monuments of time, are ignorant of it.
The Roman stories, to omit others, tell us, that they had two sorts of triumphs, in use among them ; one for those of the first kind, where. in they led their principal enemies captived in chains, and these cor querors were received by the people, with musical instruments of war, they themselves being crowned with laurel, and sacrificing Taurum, a bull, the emblem of blood, together with some of the chief captives : The other sort were entertained with musical instruments of peace and feasting, being crowned with myrtle, and sacrificing (Ovem) a sheep, the hieroglyphick of peace, whence this triumph was called Ovatio : And though with them, being heathen, this was called Triumphus minor, the lesser triumph, and so by them reputed; yet, with us christians, who serve and worship the prince of peace, it is, and ought to be, accounted major, the greater and more honourable.
Our own stories can report unto us, that this triumphant reception of our princes hath been frequent in use amongst us.
And our own memories
may inform us, that upon ordinary occasions, even upon their removal from one house of theirs to another, and that annually, solemn attendance upon them, by the citizens of London, hath been in practice, to express their love, and hearty affections to them.
No marvel then, if upon so happy an expedition, and safe return of our royal king, the city of London, bis majesty's royal chamber, should express its joy in so solemn and dutiful a manner, as lately it hath done. Were it only in regard of his majesty's great wisdom and moderation, in composing an unnatural war, and settling a peace between two of his own kingdoms without expence of blood, it had been warrant sufficient, for the erecting of trophies to his majesty's perpetual memory,
and to have received him, with all the honour could be devised : But if we shall add to this the removal of their just fears, and the reviving of their dejected spirits, by his safe and happy return; no man, but will conclude, That the citizens of London have done nothing more, if not far less, than by duty they were bound; and if they had not performed what they did, the very stones in the streets would have proclaimed to the world their ingratitude to God, and his majesty.
For, certainly, much dejected we have been, yea, altogether heartless, since the rays of his majesty, our great luminary, were overclouded by his absence from us. To use one prophet's words, in adother case: Did not our hearts go along with himYes, and" tarried with him too; insomuch that we have remained, as it were, without them, ever since his majesty's departure, and have seemed like dead men.
And indeed, how could we be in better case? For, if another prophet could say, in the case of King Josias, Spiritus Oris, the breath of our nostrils, is departed from us ;' How could we, during the time of his majesty's absence, but say the like? And, if breathless, we could not be but lifeless, sure,
But the now joyful, happy, and comfortable return of the sun into our horizon hath restored our hearts, and revived us : And, if this return had nothing concomitant with it, yet had it been sufficient of it. self to reduce us to our pristine estate; but that it entered, and that into our particular orb, accompanied with that other luminary, which by the interposition of the earth, between the other great light and her, hath, if it may not be said, been eclipsed, yet not vouchsafed that splendor, we had in former times by her, in our hemisphere, we art not only fully recovered, but much more strength and vigour is added to us, than formerly we had.
This grace and favour of their majesties to us, in particular, and this great blessing of God, upon all good subjects in general, for this happy peace, and safe return, is not to be paralleled in any history; it is estemplar sine exemplo, a sampler not to be patterned : And, therefore, no praise to God, nor thanks nor obedient service to his majesty, can be sufficient to express it.
By this little, though much more might be said, it may be hoped, that the mouths of all pasquillers may be stopped. For, if the heathen could honour their princes, sometimes upon ridiculous expeditions, only because they were their princes, as we read of that for Caligula, who returned to Rome in triumph, having only gathered cockle-shells, near our coast, how much more stand we bound to manifest our affections, in honour of our gracious sovereign, not only for this great and princely work of his, in settling peace and unity between his people, by mansuetude and mildness, but for vouchsafing this seasonable and timely visit in his return, to this his dejected city.
What remaineth then ? But that this mutual act of love between his majesty and the city, occasioned as aforesaid, be kept in perpetual meinory? Had not things of this nature been formerly recorded for posterity, we might have wanted a precedent, and this might have been accounted, as some things in these times are, an innovations