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those of your lordships that have read the history of the anabaptistical tumults at Munster, will need no other item; let it be enough to say, that many of these sectaries are of the same profession.
Shortly, therefore, let me humbly move your lordships to take these dangers and miseries of this poor church deeply to heart; and upon this occasion, to give order for the speedy redressing of these horrible inso. lencies; and for the stopping of the deluge of libellous invectives wherewith we are thus impetuously overflown. Which, in all due submission, I humbly present to your lordships' wise and religious consideration.
Mr. Pym's Speech, vindicating himself from a Charge
of High Treason, brought by the King against him and five other Members of the House.
Mr. Speaker, These 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 the land, high treason:
1st. To endeavour to subvert the fundamental laws of the land, is by this present parliament, in the earl of Strafford's case, adjudged high treason.
2dly. To endeavour to introduce into this kingdom, an arbitrary and tyrannical form of government, is likewise voted high treason,
3dly. To raise an army to compel the parliament to make and enact laws, without their free votes and wil. ling proceedings in the same, is high treason.
4thly. To invite a foreign force to invade this land, to
favour our designs agitated against the king and state, is high treason.
5thly. To animate and encourage riotous assemblies and tumults about the parliament, to compel the king to assent to votes of the house, is treason.
6thly. To east aspersions upon his majesty and his government; to alienate the affections of his people ; and to make his majesty odious unto them, is high treason.
7thly. To endeavour to draw his majesty's army into disobedience, and to side with us in our designs, if against the king, is treason.
I desire, Mr. Speaker, the favour of this house, to clear myself concerning this charge. I shall only parallel and similize my actions, since the sitting of this parliament with these articles :
Ist. Mr. 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 privileges thereof to have our debates, disputes, and arguments, is the same unquestionable,) be to endeavour to subvert the fundamental laws; then am I guilty of the first article.
2dly. 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.
3dly. If to consent, by vote with the parliament, to raise a guard, or trained band, to secure and defend the persons of 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. * 4thly. If to join with the parliament of England, by free vote, to crave brotherly assistance from Scotland, (kingdoms both under obedience to one sovereign; both
his loyal 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.
5thly. 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.
6thly. If by free vote, to join with the parliament in publishing of a remonstance in setting forth declarations against delinquents in the state ; against incendiaries between his majesty and his kingdom : against ill counsel. lors, which labour to avert his majesty's affection from parliaments; against those ill affected bishops that have innovated our religion, oppressed, painful, learned, and godly ministers, with vexatious suits and molestations in their unjust courts, by cruel sentences of pillory and cutting off their ears, by great fines, banishments, and per. petual imprisonment; if this, Mr. Speaker, be to cast aspersions upon his majesty and his government, and to alienate the hearts of his loyal subjects, good protestants, and well affected in religion, from their due obedience to his royal majesty ; then I am guilty of this article.
7thly. If to consent by vote, with the parliament, to put forth proclamations, or to send declarations to his majesty's army, to animate and encourage the same to a loyal obedience; to give so many subsidies, and raise 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 attack, as delinquents, such persons in the same as are disaffected, both to his sacred person, his crown, and dignity ; to his wise and great council of parliament; to the true and orthodox doctrine of the church of England, and the true religion, grounded on the doctrine of Christ him.
self, and established and confirmed by many acts
of parliament in the reigns of king Henry VIII. king Edward VI. queen Elizabeth, and king James, of blessed memory :if this, Mr. Speaker, be to draw his majesty's army into disobedience, and side with us in our designs, then am I guilty of this article.
Now, Mr. Speaker, having given you a touch concerning these articles, comparing them with my actions ever since I had the honour to sit in this house as a member thereof, I humbly crave your consideration and favourable judgment of them, not doubting, they being weighed in the even scales of your wisdom, I shall be found innocent and clear from these crimes laid to my charge.
(Member for Great Marlow, Buckinghamshire,)
Was born in 1605, and died in 1676. In 1653 he was sent ambas
sador to Sweden, He was a man of great learning, and he appears also to have possessed moderation and good sense. He was the author of the Memorials.
Mr. Whitlocke's Speech on the Militia.
I have often heard it said in former debates, in other matters in this house, that such and such a thing was of as great concernment as ever came within these walls. I am sure it may be said so of the matter of your present debate : it is truly of the greatest concernment that ever came within these walls..
It highly concerns us all, and our posterity after us, where this power of the militia shall be placed. This great power, which indeed commands all men, and all things, cannot be too warily lodged, nor too seriously considered ; and I do heartily wish that this great word, this new word, this hard word, the militia, might never have come within these walls; but that this house may be, as the temple of Janus, ever shut against it. I take the meaning of those gentleman who introduced this word to be, the power of the sword, poteslas gladii, which is a great and necessary power, and properly belonging to the magistrate : potestas gladii in facinerosos, without which our peace and property cannot be maintained.
But potestas gladii in manibus facinerosorum, in the hands of soldiers, is that whereof you now debate ; and it is best out of their hands; I hope it will never come there. Some worthy gentleman have declared their opinions that this power of the militia is, by right and law, in the king only : others affirm it to be the parliament only. I crave leave to differ from both these opinions. I humbly apprehend that this power of the militia is neither in the king only, nor in the parliament only ; and if the law hath placed it any where, it is both in the king and parliament, when they join together.
And it is a wise institution of our law, not to settle this power any where, but rather to leave it in dubio, or in nubibus, that the people might be kept in ignorance thereof, as a thing not fit to be known, nor to be pried into. It is the great arcanum imperii, and the less it is meddled with, the less acquaintance we have with it, the better it will be for all sorts of persons, both for king and people.
That this power of the militia is not in the king only, appears in this : that the power of money is not in the king, but it will be granted here, that the power of money is solely in this house ; and without the power of money to pay the soldiers, the power of the militia will be of little force.
But if the power of the militia should be in the king,