Speech in Parliament Clearing Himself of High Treason
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Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
Sir Arthur Haslerigg his Speech in Parliament, the fifth of January last.
Whereby he cleareth himself of the Articles of high Treason, exhibited against himself, the Lord Kimbolton, Mr. I. Pym, Mr. Hampden, Mr. Stroud, and M. Hollis, by his Majesty on tuesday 4. of Ianu. 1641.
Whereunto is added Master PIM his SPEECH In PARLIAMENT, Concerning the Vote of the House of Commons, for his Discharge upon the Accusation of High Treason, exhibited against himself, and others.
London, Printed for F. C. and T. B. 1641.
Sir Arthur Haslerigg his Speech in PARLIMENT.
Mr. Speaker.
T His misfortune of mine seems to me at the first exceeding strange, not only in respect of the Crimes laid to my charge, but most of all having thereby incurred not only the disfavour but ireful displeasure of his Sacred Majesty. For the first, knowing the innocence and integrity of my heart, that it is free from any such crime either in thought, word or deed against either my gracious Sovereign, or my native Country, I shall the more easily bear the burden of the charge, but to groan under the burden of a most Pious and wise Prince his displeasure, wounds me sore.
Mr. Speaker, I humbly desire so much favor of this Honorable House of which I have had the happiness to be a Member, to speak something of my Innocence in all these Crimes I am charged withal.
This Honorable House▪ (Mr. Speaker ) can I hope witness for me, the manner of my carriage and disposition in any debate or arguments wherein I have been one, I hope nothing hath proceeded from me; that can come any ways within the compass of Treason.
In all disputes and conclusions of any matter by Vote of the House, my Vote hath commonly agreed with the Major part then I hope my Vote in Parliament being free cannot be Treason.
Mr. Speaker, The Articles that are exhibited against me and the other Gentlemen, are of most dangerous and pernicious consequence, if we should be found guilty of them, which God defend, I would to God these persons that incensed his Majesty against us, (which is easily conceived who they are) were as free from thoughts, words, may actions within the limits of Treason) as I hope we shall prove ourselves by God's blessing.
MASTER Speaker, It is alleged, we have endeavored to subvert the fundamental Laws of this Land, abridge the Kings power, and deny his Royal Prerogatives. Give me leave I beseech you, to speak concerning this Article. There is (as I conceive) not two Forms or Governement in this Kingdom: there it not two sorts of Fundamental Laws: there is but one form of Government; One sort of Fundamental Laws, that is, the Common Laws of this Land, and acts, Statutes, and Ordinances of Parliament, these two Mr. Speaker, depend and hang one upon another, so that they cannot be separated; and he that subverts the one, breaks and infringes the other. Now under favor Mr. Speaker, to speak freely in Parliament (freely called and assembled by his Majesty's most Royal Authority) to Vote freely in the same, upon the conclusion of any Bill to be made a Law by the whole consent of Parliament assented to by his Majesty: to agree in Voting with the whole Parliament against Delinquents, and Malefactors in the State, to bring them to condign punishment for the same: to give my Vote in the House, or removing evil Counselors from his sacred Majesty, to place loyal and faithful ones in their place: To assent with the whole State assembled together in Counsel for the settling of peace and tranquility in the same: To ordain and enact such wholesome Laws and Ordinances whereby his Majesty's good Subjects may be governed in righteousness and good obedience: To Vote with the House for redressing the many grievances of the Common-wealth, If these be to subvert the Fundamental Laws of the Land, then Mr. Speaker am I guilty of this Article in giving my Vote against the Earl of Strafford; in Voting those acts already made and passed by his Majesty; in Voting against the Bishops; in protesting to maintain the Fundamental Laws of the Land, the true Protestant Religion, according to the true Doctrine of the Church of England: I say then Mr. Speaker, in this am I guilty of high Treason: but if this be not to subvert the Laws of the Land; then (as I conceive) am I clear from being guilty of this Article. Which I humbly leave to the consideration of this Honorable House.
Under favor (Master Speaker) I come now to the other Articles of the Charge: I will only recite the substance of them; for they all harp on one thing: To endeavor to bring in an Arbitrary and tyrannical Form of Government: To invite Tumults, and unlawful resorts of multitudes of people to the Parliament, to be a color for our Designes: to raise Forces and Armies in this Land to assist me in my practices: To invite foreign Princes to bring an Army into the Land: To endeavor by Declarations, Proclamations, and otherwise to alienate the hearts of his Majesty's loyal Subjects from their lawful Sovereign thereby to avert their due obedience from him, and having an evil opinion of his sacred Majesty, to side with us, and take our parts to effect our Designes.
Give me leave I beseech you to speak concerning these crimes: And first Mr. Speaker to endeavor to bring in an Arbitrary power and tyrannical Form of Goverment in the Subject, is to deny Parliamentary proceedings: To oppose the Laws enacted by Parliaments: To incense his Majesty against Parliaments; to protect and Petition against the proceedings thereof, is to bring in an Arbitrary form of Government. But to agree with the Parliament being a Member thereof by Vote to make and enact Laws; I conceive this cannot be termed Arbitrary; neither I persuade myself can the effects thereof be tyrannical.
Secondly, concerning the late Tumults about the House, I am innocent thereof; neither came they by my invitation or encouragement: I always thought their resorts in that sort were illegal and riotous: I have Voted with this House for their suppressing; have assented to all Orders for their appeasing; agreed with the Parliament in all things concerning their petitions and Requests: Then I hope this Honorable House will not conceive me guilty of this Crime: if it be one, and granted; yet I conceive far without the limits of Treason for these Reasons.
1. They came not with Arms to force anything to be done in Parliament; but humbly by Petition shown their grievances, and desired redress thereof which is one Privilege (and one of the greatest) to make their griefs known to a Parliament, and by them to be relieved.
2. They offered no assault; but (being assaulted) preserved themselves and departed.
3. The matter of their clamour was not against the King nor any of his Counsel: It was not against the Lord's, nor House of Commons: It was only against Delinquents, against such as had been the greatest oppressors of them.
Thirdly, I come in a word to the other Articles of the charge which I intend to speak of (under favor) altogether: I pray you who raised any army actually in this Land but the trained Bands, which was done by the Parliament for the security of their own persons in the Kings absence; and in obedience to his commands, at his return home they were discharged, and afterwards again raised by his Majesty's own Royal Authority. And for inviting or procuring any foreign Princes to aid me with an Army, I am altogether innocent therein; I know of no aid required but from Scotland, which is done by the Parliament, my Vote as a Member thereof only agreeing with them in the same: And that aid is procured for his Majesty's assistance in subduing the Rebellion in Ireland, and (as I conceive) for no other purpose. And for the last Article wherewith I am charged, I hope to be cleared by this whole House for what Declamations or Proclamations have been published but by Authority of the Parliament, join'd with his Majesty's most Royal Power and assent thereunto. It is manifest to all people that nothing is published by the Parliament; or any of the Members thereof, but tendeth to the winning of the hearts of his Majesty's Subjects to dutiful obedience and entire love and tender affection towards their gracious Sovereign. And I dare confidently say, that there is none of his Majesty's Subjects that are true Protestants, and well affected to Religion; but upon the least command of his Majesty's, will spend their dearest blood in defense of his Sacred Person, his Queen and Princely Issue, of the Laws and Constitutions of this Kingdom, of Parliaments and the Rights and Privileges thereof; of Religion and the Doctrine of the Church of England. And therefore I conceive I am far from intending any Treason against his Majesty or Kingdom. And thus craving pardon for my presumption, and humbly thanking this Honorable House for their patience, beseeching them to have a good opinion of me and my Actions, that I may receive such Trial as to their wisdoms shall seem meet, with my hearty Prayers for the happy continuance of this Parliament; to effect and finish such great matters both in Church and State, as may advance God's glory, settle all things in a right frame for the good Governement of this Kingdom, and the everlasting peace and tranquility of his Majesty and all his Kingdoms.
Master Pymme his Speech in Parliament on Wednesday the 5. of January, 1641.
Concerning the Vote of the House of Commons, for his Discharge upon the Accusation of High Treason, exhibited against himself, and others, &c.
Master Speaker,
T Hese Articles of High Treason exhibited by his Majesty against me and the other Gentlemen in the accusation charged with the same Crime, are of great consequence, and much danger to the State: The Articles in themselves, if proved are according to the Laws of this Land High Treason.
First, to endeavor to subvert the Fundamental Laws of the Land, is by this present Parliament in the Earl of Stafords Case adjudged High Treason.
Secondly, to endavour to introduce into this Kingdom an Arbytrarie and tyrannical form of Government, is likewise Voted High Treason.
Thirdly, to raise an Army to compel the Parliament to make and enact Laws without their free Votes, and willing proceedings in the same is High Treason.
Fourthly, to invite a foreign force to invade this Land, to favor our designs agitated against the King and State, is High Treason.
Fifthly, to animate and encourage riotous Assemblies and tumults about the Parliament to compel the King to assent to the Votes of the House is Treason.
Sixthly, to cast aspersions upon his Majesty and his Government, to alienate the affections of His people, and to make his Majesty odious unto them is Treason.
Seventhly, to endeavor to draw his Majesty's Army into disobedience, and to side with us in our designs, if against the King, is Treason.
I desire, Master Speaker, the favor of this House to declare myself, concerning this Charge, shall only parrallell and similize my actions since the sitting of this Parliament with these Articles.
First, Master Speaker, if to Vote with the Parliament, as a Member of the House, wherein all our Votes ought to be free: it being one of the greatest privledges thereof to have our debates, disputes, & arguments in the same unquestinable, be to endeavor to subvert the Fundamental Laws, then am I guilty of the first Article.
Secondly, If to agree and consent with the whole State of the Kingdom by Vote to ordain and make Laws for the good government of his Majesty's Subjects in peace and dutiful obedience to their lawful Sovereign be to introduce an Arbitrary and tyrannical form of government in the state, then am I guilty of this Article.
Thirdly, If to consent by Vote with the Parliament, to raise a Guard, or Traine-Band to secure and defend the persons or the Members thereof, being environed and beset with many dangers in the absence of the King, and by Vote with the House, in willing obedience to the Royal command of his sacred Majesty, at his return, be actually to levy Arms against the King: then am I guilty of this Article.
Fourthly, If to join with the Parliament, by free Vote to crave brotherly assistance from Scotland, Kingdoms both under obedience to one Sovereign, both his loyal and dutiful Subjects, to suppress the Rebellion in Ireland which lies gasping every day in danger to be lost from his Majesty's subjection, be to invite and encourage a foreign power to invade this Kingdom: then am I guilty of High Treason.
Fifthly, If to agree with the greatest and wisest Council of State, to suppress unlawful tumults and riotous assemblies, to agree with the House by Vote to all Orders, Edicts, and Declarations for their repelling, be to raise and countenance them in their unlawful actions, then am I guilty of this Article.
Sixthly, If by free Vote to join with the Parliament in publishing of a Remonstrance in setting forth Declarations against Delinquents, in the State against Incendiaries between his Majesty's Kingdom, against ill Counselors which labor to avert his Majesty's affection from Parliaments against those ill affected Bishops that have innovated our Religion, oppressing painful, learned and godly Ministers with vexatious, suites and molestations in their unjust Courts, by cruel sentences of Pillory, and cutting off their ears, greatisines, Banishment, and perpetual Imprisonment, If this Mr. Speaker be to cast aspersions on his Majesty and his government, and to alienate the hearts of his Loyall Subjects good Protestants, and well affected in Religion, from their due obedience to his Royal Majesty, then am I guilty of this Article.
Seventhly, If to consent by Vote with the Parliament to put forth Proclamations, to send Declarations to his Majesty's Army, to annimate and encourage the same to his Loyall obedience, to give so many Subsidies, raised so many great sums of money willingly for their keeping on foot to serve his Majesty upon his Royal command on any occasion, to apprehend and attach as Delinquents, such persons in the same as are disaffected both to his sacred Person, his Crown and Dignity, to the wise and great Counsel of Parliament to the true and Orthodox Doctrine of the Church of England, and the true Religion grounded on the Doctrine of Christ himself, and established, and confirmed by many Acts of Parliament in the Reign of Hon. 8. E. 6. Queen Elizab. and King James of blessed memory, if this Mr. Speaker be to draw his Majesty's Army into disobedience, and to side with us in our Designes, then I am guilty of this Article.
Now, Master Speaker, Having given you a touch concerning these Articles, comparing them with my Actions, ever since I have had the Honor to sit in this House as a Member thereof: I humbly crave your consideration, and favorable judgment of them, not doubting, they being weighed in the even scales of your Wisedomes, I shall be found innocent and clear from these Crimes laid to my charge.
Master Speaker. I humbly crave your further patience to speak somewhat concerning the exhibiting of this Charge which is to propose to your Considerations these propositions, viz.
First, whether to exhibit Articles of High Treason by his Majesty's own hands in this House agrees with the rights and privileges thereof.
Secondly, Whether for a guard armed to come into the Parliament to accuse any of the Members thereof, be not a breach of the privilege of Parliament.
Thirdly, Whether any of the Members of Parliament being so accused may be committed upon such accusation, without the whole consent thereof.
Fourthly, Whether a Parliament hath not privilege to bail any Member so accused.
Fifthly and lastly, Whether if any of the Members of a Parliament so charged, and by the House discharged without release from his Majesty may still sit in the House as members of the same. And thus Master Speaker, I humbly crave pardon for my presumption in so far troubling this Honorable House, desiring their favorable consideration of all my Actions, and that I may have such a trial as to this wise Counsel shall think meet, cheerfully submitting myself and actions to the righteous judgments of the same.