Selected quad for the lemma: act_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
act_n king_n law_n prerogative_n 3,673 5 10.4433 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A70276 Divers historicall discourses of the late popular insurrections in Great Britain and Ireland tending all, to the asserting of the truth, in vindication of Their Majesties / by James Howell ... ; som[e] of which discourses were strangled in the presse by the power which then swayed, but now are newly retreev'd, collected, and publish'd by Richard Royston. Howell, James, 1594?-1666. 1661 (1661) Wing H3068; ESTC R5379 146,929 429

There are 13 snippets containing the selected quad. | View lemmatised text

cryed up and branded to be the most infamous Projectors and Monopolizers of the land as Hamilton Holland c. are not only at liberty but crept into favour and made use of Peregrin Hath the house of Commons power to commit any but their own Members without conference with the Lords Or hath any Order or Ordinance of one of the Houses singly or of both conjunctly power to enjoin a virtual binding generall obedience without the Royal consent Patricius The power of Parliament when King Peers and Commons which is the whole Kingdom digested as it were into one volum is indefinit but what either of both Houses can do of themselves singly or joyntly without the King who is the life of the Law especially when a visible faction reigns amongst them I will not determin tantas componere lites non opis est nostrae But for my own opinion I think it is as impossible for them to make a Law without the King as it was for Paracelsus to make a human creture without coition of both sexes The results of Parliament without the Royall consent are as matches without fire And it is an incontroulable principle that the old Law must be our guide till new be made nor is any Act of the Subject justifiable but what is warranted by the old But to proceed in the tru discovery of these Domestick scissures my Lord of Stafford being gone we hop'd fair weather wold follow He who was the cause of the tempest as they pretended being thrown over-board but unluckie mists of jealousie grew thicker and thicker Yet the Scots were dismist having had Fidlers fare meat drink and money for eleven long moneths together So His Majesty went to Scotland where the Parliament ther did but ask and have any thing though it be the unquestionable Prerogative of Majesty to grant or deny Petitions and to satisfie his conscience before any Councell whatsoever But during his sojourn ther this formidable hideous Rebellion brok out in Ireland which though it may be said to be but an old play newly reviv'd yet the Scene was never so Tragicall and bloody as now for the Barbarismes that have bin committed ther have bin so sanguinary and monstrously savage that I think posterity will hold them hyperbolicall ●…when History relates them The Irish themselves affirm ther concurr'd divers causes to kindle this fire One was the taking off of Straffor●…s head who awd them more then any Deputy ever did and that one of his Accusations shold be to have used the Papists ther too favourably Secondly the rigorous proceedings and intended courses against the Roman Catholiques here in England Lastly the stopping of that Regiment of Irish who was promised by His Majesties Royall Word and Letter to the King of Spain who relying upon that employment rather then to beg steal or starve turned Rebels And that which hath agravated the Rebellion all this while and heightned much the spirit of the Irish was the introduction of the Scot whom they hate in perfection above all people els And intended lastly the design spoken of in our Parliament to make an absolute Conquest and Nationall Eradication of them which hath made them to make vertue of necessity and to be valiant against their wills Peregrin Indeed I heard that Act of staying the Irish Regiment considering how the Marquesses de Velada and Malvezzi and Don Alonso de Cardenas who were all three Ambassadours here for the King of Spain at that time having by reliance upon the sacred Word and Letter of a King imprested money and provided shipping for their transport and bin at above 10000. Crowns charges I say this Act was very much censured abroad to the dishonour of His Majesty and our reproach Patricius I am very sorry to hear it Well Sir His Majesty by His presence having setled Scotland was at his return to London received with much joy and exultation but though he was brought in with a Hosanna at one end of the Town he found a Crucifige at the other For at Westminster ther was a Remonstrance fram'd a work of many weeks and voted in the dead of night when most of the moderat and well-thoughted Members were retired to their rest wherein with as much aggravation and artifice as could be the least moat in Government was exposed to publick view from the first day of His Majesties Inaugurat●…on to that very hour Which Remonstrance as it did no good to the Publick but fill peoples heads with doubts their hearts with gall and retard the procedure of all businesse besides so you may well think it could expect but cold entertainment with His Majesty who hoped his great Councel according to their often deep protestations had done something for his welcom home that might have made him the best beloved King that ever 〈◊〉 amongst his people Peregrin 〈◊〉 〈◊〉 ther is no Government upon 〈◊〉 〈◊〉 up of m●…n but is subject to corruption there is no Court of judicature so cleane but some cobwebs may gather in it unlesse an Act of Parliament could be made to free and exempt men from all infirmities and errour It cannot be denied but Scotland might have something to complaine of though I think least of any and so leapt first into the pooll to be cur'd and what she fish'd besides in those troubled waters 't is too well known England also no doubt might have some grievances which his Majestie freely offered not onely to redresse for the present but to free her of all feares for the future from falling into relapses of that kinde but to redresse grievances by Armes by plunging the whole countrey into an intestine warre this makes the remedy worse then the malady it is as if one would go about to cure a sick body by breaking his head or let him blood by giving him a dash on the nose it is as mad a tricke as his was who set the whole House a fire to roast his egs But truly Sir in my opinion his Majesty at his return from Scotland might have justly expected some acts of compliance and gratitude from his Parliament considering what unparallel'd acts of grace he had pass'd before Patricius His Majesty did not rest there but complied further with them by condescending to an act for putting down the star-chamber Court the high Commission the Court of honour nay he was contented his own Privy Councell should be regulated and his forests bounded not according to ancient Prerogative but late custome nay further he pass'd a Bill for the unvoting and utter exclusion of the Spirituall Lords from the Parliament for ever whereby it cannot be denied but by the casheering of 25 votes at a clap and by excluding the Recusant Lords besides who subsist most by his grace he did not a little enervat his own prerogative Adde hereunto that having placed two worthy Gentlemen Biron and Lunsford Lieutenants of the Tower he remov'd them both one after the other and was content to put in
Court at Bartholmew-Fair ther being all the essentiall parts of a true Parliament wanting in this as fairnesse of elections freedome of speech fulnesse of Members nor have they any head at all besides they have broken all the fundamental rules and Priviledges of Parliament and dishonoured that high Court more then any thing else They have ravish'd Magna Charta which they are sworn to maintain taken away our birth-right therby and transgressed all the laws of heaven and earth Lastly they have most perjuriously betrayed the trust the King reposed in them and no lesse the trust their Country reposed in them so that if reason and law were now in date by the breach of their Priviledges and by betraying the said double trust that is put in them they have dissolved themselves ipso facto I cannot tell how many thousand times notwithstanding that monstrous grant of the Kings that fatall act of continuance And truly my Lord I am not to this day satisfied of the legality though I am satisfied of the forciblenesse of that Act whether it was in his Majesties power to passe it or no for the law ever presupposeth these clauses in all concessions of Grace in all Patents Charters and Grants whatsoever the King passeth Salvo jure regio salvo jure coronae To conclude as I presume to give your Lordship these humble cautions and advice in particular so I offer it to all other of your rank office order and Relations who have souls to save and who by solemn indispensable Oaths have ingaged themseves to be tru and loyall to the Person of King Charls Touching his political capacity it is a fancy which hath bin exploded in all other Parliaments except in that mad infamous Parliament wher it was first hatched That which bears upon Record the name of Insanum Parliamentum to all posterity but many Acts have passed since that it shold be high and horrible Treason to separat or distinguish the Person of the King from His Power I believe as I said before this distinction will not serve their turn at the dreadful Bar of divine justice in the other world indeed that Rule of the Pagans makes for them Si Iusjurandum violandum est Tyrannis causâ violandum est If an Oath be any way violable 't is to get a Kingdom We find by woful experience that according to this maxime they have made themselves all Kings by violation of so many Oaths They have monopoliz'd the whole power and wealth of the Kingdom in their own hands they cut shuffle deal and turn up what trump they please being Judges and parties in every thing My Lord he who presents these humble advertisments to your Lordship is one who is inclin'd to the Parliament of Engl. in as high a degree of affection as possibly a free-born Subject can be One besides who wisheth your Lordships good with the preservation of your safety and honour more really then he whom you intrust with your secretest affaires or the White Iew of the Upper House who hath infused such pernicious principles into you moreover one who hath some drops of bloud running in his veins which may claim kindred with your Lordship and lastly he is one who would kiss your feet in lieu of your hands if your Lordship wold be so sensible of the most desperat case of your poor Country as to employ the interests the opinion and power you have to restore the King your Master by English waies rather then a hungry forrein people who are like to bring nothing but destruction in the van confusion in the rear and rapine in the middle shold have the honour of so glorious a work So humbly hoping your Lordship will not take with the left hand what I offer with the right I rest From the Prison of the Fleet 3. Septembris 1644. Your Lordships truly devoted Servant I. H. HIS Late MAJESTIES Royal DECLARATION OR MANIFESTO TO ALL FORREIN PRINCES AND STATES Touching his constancy in the Protestant Religion Being traduced abroad by some Malicious and lying Agents That He was wavering therin and upon the high road of returning to Rome Printed in the Year 1661. TO THE Unbiass'd REDER IT may be said that mischief in one particular hath somthing of Vertue in it which is That the Contrivers and Instruments thereof are still stirring and watchfull They are commonly more pragmaticall and fuller of Devices then those sober-minded men who while they go on still in the plaine road of Reason having the King and knowne Lawes to justifie and protect them hold themselfs secure enough and so think no hurt Iudas eyes were open to betray his Master while the rest of his fellow-servants were quietly asleep The Members at Westminster were men of the first gang for their Mischievous braines were alwayes at work how to compasse their ends And one of their prime policies in order thereunto was to cast asspersions on their King thereby to alienat the affections and fidelity of his peeple from him ●…notwithstanding that besides their pub●…ick Declarations they made new Oaths and protestations whereby they swore to make Him the best belov'd King that ever was Nor did this Diabolicall malice terminat only within the bounds of his own Dominions but it extended to infect other Princes and States of the Reformed Churches abroad to make Him suspected in his Religion that he was branling in his belief and upon the high way to Rome To which purpose they sent missives and clandestine Emissaries to divers places beyond the Seas whereof forren Authors make mention in their writings At that time when this was in the height of action the passage from London to Oxford where the King kept then his Court was so narrowly blockd up that a fly could scarce passe some Ladies of honor being search'd in an unseemly and barbarous manner whereupon the penner of the following Declaration finding his Royal master to be so grosly traduced made his Duty to go beyond all presumptions by causing the sayd Declaration to be printed and publish'd in Latin French and English whereof great numbers were sent beyond the seas to France Holland Germany Suisserland Denmark Swethland and to the English plantations abroad to vindicat his Majesty in this point which produc'd very happy and advantagious effects for Salmtisius and other forrin writers of great esteem speake of it in their printed works The Declaration was as followeth CAROLUS Singulari Omnipotentis Dei providentia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Universis et singulis qui praesens hoc scriptum ceu protestationem inspexerint potissimum Reformatae Religionis cultoribus cujuscunque sint gentis gradus aut conditionis salutem c. CUM ad aures nostras non ita pridem fama pervenerit sinistros quosdam rumores literasque politica vel perniciosa potiùs quorundam industriâ sparsas esse nonnullis protestantium ecclesiis in exteris partibus emissas nobis
upon his affections then I beleeve they will ever do hereafter But to proceed the King having bin a good while prisoner to the Parlement the Army snatch'd him away from them and som of the chiefest Commanders having pawn'd their soules unto him to restore him speedily in lieu thereof they tumbled him up and down to sundry places till they juggled him at last to that small Ile where now he is surrounded with a gard of strange faces and if happly he beginns to take delight in any of those faces he is quickly taken out of his sight These harsh usages hath made him become all gray and oregrown with hair so that he lookes rather like som Silvan Satyr then a Soverain Prince And truly my Lord the meanest slave in St. Marks gallies or the abjects Captif in Algier bannier is not so miserable as he in divers kinds for they have the comfort of their wifes children and frends they can convey and receive Letters send Messengers upon their errands and have privat discours with any all which is denied to the King of great Britain nay the young Princes his children are not permitted as much as to ask him blessing in a letter In so much that if he were not a great King of his passions and had a heart cast in on extraordinary Mould these pressures and those base aspersions that have bin publiquely cast upon him by the Parlement it self had bin enough to have sent him out of the world e're this and indeed 't is the main thing they drive at to torture his braine and tear his very heart strings if they could so that whereas this foolish ignorant peeple speak such horrid things of our Inquisition truly my Lord 't is a most gentle way of proceeding being compar'd to this Kings persecutions As the King himselfe is thus in quality of a captif so are all his Subjects becom perfect slaves they have fool'd themselfs into a worse slavery then Iew or Greek under the Ottomans for they know the bottom of their servitude by paying so many Sultanesses for every head but here people are put to endless unknown tyrannical Taxes besides plundering and Accize which two words and the practise of them with storming of Towns they have learnt of their pure Brethren of Holland and for plundrings these Parliamenteer-Saints think they may robb any that adheres not to them as lawfully as the Iewes did the Egyptians 'T is an unsommable masse of money these Reformers have squandred in few years whereof they have often promis'd and solemnly voted a publick account to satisfie the Kingdom but as in a hundred things more so in this precious particular they have dispens'd with their Votes they have consumed more treasure with pretence to purge one Kingdom then might have served to have purchas'd two more as I am credibly told then all the Kings of England spent of the public stock since the Saxon Conquest Thus have they not only begger'd the whole Island but they have hurld it into the most fearfull st Chaos of confusion that ever poor Countrey was in they have torn in pieces the reines of all Government trampled upon all Lawes of heaven and earth and violated the very Dictamens of nature by making Mothers to betray their Sons and the Sons their Fathers but specially that Great Charter which is the Pandect of all the Laws and Liberties of the free-born Subject which at their admission to the House they are solemnly sworn to maintain is torn in flitters besides those severall Oaths they forg'd themselfs as the Protestation and Covenant where they voluntarily swear to maintain the Kings Honour and Rights together with the established Laws of the Land c. Now I am told that all Acts of Parlement here are Lawes and they carry that Majesty with them that no power can suspend or repeal them but the same power that made them which is the King sitting in full Parlement these mongrell Polititians have bin so notoriously impudent as to make an inferiour Ordinance of theirs to do it which is point-blanck against the very fundamentals of this Government and their own Oaths which makes me think that there was never such a perjur'd pack of wretches upon earth never such Monsters of mankind Yet this simple infatuated peeple have a Saint-like opinion of these Monsters this foolish Citie gards them daily with Horse and Foot whereby she may be sayd to kisse the very stones that are thrown at her and the hand whence they came which a dogg would not do But she falls to recollect her self now that shee begins to be pinch'd in Trade and that her Mint is starv'd yet the leading'st men in her Common-Councell care not much for it in regard most of them have left traffiquing abroad finding it a more easie and gainefull way of trading at home by purchasing Crown or Church lands plunder'd goods and debts upon the Publick Faith with Soldiers debenters thus the Saints of this Iland turne godlinesse into gaine Truly my Lord I give the English for a lost Nation if they continue long thus never was ther a more palpable oblaesion of the brain and a more visible decay of Reason in any race of men It is a sore judgment from heaven that a people shold not be more sensible how they are become slaves to Rebells and those most of them the scumm of the Nation which is the basest of miseries how they suffer them to tyrannize by a meer arbitrary extrajudicial power o're their very souls and bodies o're their very lifs and livelihoods how their former freedom is turn'd to fetters Molehills into Mountains of grievances Ship-money into Accize Justice into Tyranny For nothing hath bin and is daily so common amongst them as imprisonment without charge and a charge without an accuser condemnation without apparance and forfeitures without conviction To speak a little more of the King if all the infernal fiends had ligu'd against him they could not have design'd or disgorged more malice They wold have laid to his charge his Fathers death as arrand a lie as ever was forg'd in hell they wold make him fore-know the insurrection in Ireland wheras the Spanish Ambassador here and his Confessor who is a very reverend Irish-man told me that he knew no more of it then the grand Mogor did they charge him with all the bloud of this civil war wheras they and their instruments were the first kindlers of it and that first prohibited trade and shut him out of his own Town They have intercepted and printed his privat Letters to his Queen and Hers to him Oh barbarous basenesse but therin they did him a pleasure though the intent was malitious their aim in all things being to envenom the hearts of his people towards him and this was to render him a glorious and well-belov'd Prince as likewise for making him rich all which they had vow'd to do upon passing the Act of Continuance But now they have made
INQUISITION AFTER TRUTH WHo vindicats Truth doth a good office not onely to his own Country but to all Mankind It is the scope of this short discourse viz. to make som researches after Truth and to rectifie the world accordingly in point of opinion specially touching the first Author and Aggressor of the late ugly war in England which brought with it such an inundation of bloud and so did let in so huge a torrent of mischiefs to rush upon us Ther be many and they not only Presbyterians and Independents but Cavaliers also who think that the King had taken the guilt of all this bloud upon himself in regard of that Concession he passed in the preamble of the late Treaty at the Isle of Wight The aim of this Paper is to clear that point but in so temperat a way that I hope 't will give no cause of exception much lesse of offence to any the bloud that 's sought after here shall not be mingled with gaule much lesse with any venom at all We know ther is no Principle either in Divinity Law or Philosophy but may be wrested to a wrong sense ther is no truth so demonstrative and clear but may be subject to cavillations no Tenet so plain but perverse inferences may be drawn out of it such a fate befell that preambular Concession His Majesty passed at the Transactions of the late Treaty in that he acknowledg'd therin that the two Houses of Parlement were necessitated to undertake a war in their own just and lawful defence c. and that therfore all Oaths Declarations or other public Instruments against the Houses of Parlement or any for adhering to them c. be declared null suppressed and forbidden 'T is true His Majesty passed this grant but with this weighty consideration as it had reference to two ends First to smoothen and facilitate things thereby to open a passage and pave the way to a happy peace which this poor Iland did so thirst after having bin so long glutted with civil blood Secondly that it might conduce to the further security and the indemnifying of the two Houses of Parlement with all their instruments assistants and adherents and so rid them of all jealousies and fear of future dangers which still lodg'd within them Now touching the expressions and words of this Grant they were not his own nor did he give order for the dictating or penning thereof the King was not the Author of them but an Assentor only unto them nor was He or his Party accus'd or as much as mentioned in any of them to draw the least guilt upon themselves Besides He pass'd them as he doth all Lawes and Acts of Parlement which in case of absence another may do for him in his politic capacity therfore they cannot prejudice his person any way I am loth to say that he condescended to this Grant Cum strict a novacula supra When the razor was as it were at his throat when ther was an Army of about thirty thousand effectif Horse and Foot that were in motion against him when his Person had continued under a black long lingring restraint and dangerous menacing Petitions and Papers daily ob●…ruded against him Moreover His Majesty pass'd this Concession with these two provisos and reservations First that it should be of no vertu or validity at all till the whole Treaty were intirely consummated Secondly that he might when he pleas'd inlarge and cleer the truth with the reservednesse of his meaning herein by public Declaration Now the Treaty being confusedly huddled up without discussing or as much as receiving any Proposition from himself as was capitulated and reciprocall proposalls are of the essence of all Treaties it could neither bind him or turne any way to his disadvantage Therfore under favour ther was too much hast us'd by the Parlement to draw that hipothetick or provisional Concession to the form of an Act so suddenly after in the very heat of the Treaty without His Majesties knowledg or the least intimation of his pleasure Add hereunto that this Grant was but a meer preambular Proposition 't was not of the essence of the Treaty it self And as the Philosophers and Schoolemen tell us there is no valid proof can be drawn out of Proemes Introductions or Corollaries in any science but out of the positive assertions and body of the Text which is only argument-proof so in the Constitutions and Laws of England as also in all accusations and charges forerunning prefaces preambles which commonly weak causes want most are not pleadable and though they use to be first in place like gentlemen-Ushers yet are they last in dignity as also in framing nor had they ever the force of Laws but may be term'd their attendants to make way for them Besides ther 's not a syllable in this preface which repeals or connives at any former Law of the Land therefore those Laws that so strictly inhibit English Subjects to raise armes against their Liege Lord the King and those Lawes è contrario which exempt from all dangers penalties or molestation any Subject that adheres to the person of the King in any cause or buarrell whatsoever are still in force Furthermore this introductory Concession of the Kings wherein he is contented to declare That the two Houses were necessitated to take Armes for their defence may be said to have relation to the necessity à parte pòst not à parte antè self-defence is the universall Law of Nature and it extends to all other cretures as well as to the Rationall As the fluent Roman Orator in that sentence of his which is accounted among the Critiques the excellentest that ever drop'd from Cicero Est enim haec non scripta sed nata Lex quam non didicimus accepimus legimus verum ex natura ipsa arripuimus hausimus expressimus ad quam non docti sed facti non instituti sed imbuti sum●…s ut si vita nostra in c. For this meaning self-defence is not a written but a Law born with us A Law which we have not learnt receiv'd or read but that which we have suck'd drawn forth and wrung out of the very brests of Nature her self A Law to which we are not taught but made unto wherwith we are not instructed but indued withall that if our lifes be in jeopardy c. we may repel force by force Therfore when the House of Parliament had drawn upon them a necessity of self defence And I could have wish'd it had bin against any other but their own Soverain Prince His Majesty was contented to acknowledge that necessity As for example A man of war meets with a Marchant man at Sea he makes towards him and assaults him The Marchant man having a good stout vessell under him and resolute generous Seamen bears up against him gives him a whole broad-side and shoots him 'twixt wind and water so there happens a furious fight betwixt them which being ended the
Parliament by force and remove ill Counsellours from about him long before he put up his Royal Standard and the Generall then nam'd was to live and die with them and very observable it is how that Generalls Father was executed for a Traytor for but attempting such a thing upon Queen Elizabeth I mean to remove ill Counsellors from about her by force 'T is also to be observed that the same Army which was rais'd to bring him to his Parliament was continued to a clean contrary end two years afterwards to keep him from his Parliament 'T is fit it should be remembred who interdicted Trade first and brought in Forraigners to help them and whose Commissions of War were neere upon two moneths date before the Kings 'T is fit it should be remembred how His Majesty in all His Declarations and publick Instruments made alwaies deep Protestations that 't was not against his Parliament he raised Armes but against some seditious Members against whom he had onely desired the common benefit of the Law but could not obtain it 'T is fit to remember that after any good successes and advantages of his he still Courted both Parliament and City to an Accommodation how upon the Treaty at Uxbridge with much importunity for the generall advantage and comfort of his peeple and to prepare matters more fitly for a peace he desired there might be freedom of Trade from Town to Town and a Cessation of all Acts of Hostility for the time that the inflammation being allayed the wound might be cur●…d the sooner all which was denyed him 'T is fit to remember how a Noble Lord The Earl of Southampton at that time told the Parliaments Commissioners in His Majesties Name at the most unhappy rupture of the said Treaty That when he was at the highest he would be ready to treat with them and fight them when he was at the lowest 'T is fit the present Army should remember how often both in their Proposalls and publick Declarations they have inform'd the world and deeply protested that their principall aime was to restore His Majesty to honour freedom and safety whereunto they were formerly bound both by their own Protestation and Covenant that the two Commanders in chief pawn'd unto him their soules thereupon Let them remember that since he was first snatch'd away to the custody of the Army by Cromwells plot who said that if they had the Person of the King in their power they had the Parliament in their pockets I say being kept by the Army He never displeas'd them in the least particular but in all his Overtures for Peace and in all his Propositions he had regard still that the Army should be satisfied let it be remembred that to settle a blessed Peace to preserve his Subjects from rapine and ruine and to give contentment to his Parliament He did in effect freely part with His Sword Scepter and Crown and ev'ry thing that was proprietary to him Let it be remembred with what an admired temper with what prudence and constancy with what moderation and mansuetude he comported himself since his deep afflictions insomuch that those Commissioners and others who resorted unto him and had had their hearts so averse unto him before return'd his Converts crying him up to be one of the sanctifiedst persons upon earth and will not the bloud of such a Prince cry loud for vengeance Bloud is a crying sin but that of Kings Cryes loudest for revenge and ruine brings Let it be remembred that though there be some Precedents of deposing Kings in his Kingdom and elsewhere when there was a competition for the right Title to the Crown by some other of the bloud Royall yet 't is a thing not onely unsampled but unheard of in any age that a King of England whose Title was without the least scruple should be summon'd and arraign'd tryed condemned and executed in His own Kingdom by His own Subjects and by the name of their own King to whom they had sworn Alleagiance The meanest Student that hath but tasted the Laws of the Land can tell you that it is an unquestionable fundamentall Maxime The King can do no wrong because he acts by the mediation of his Agents and Ministers he heares with other mens eares he sees with other mens eyes he consults with other mens braines he executes with other mens hands and judges with other mens consciences therefore his Officers Counsellors or favorites are punishable not He and I know not one yet whom he hath spar'd but sacrificed to Justice The Crown of England is of so coruscant and pure a mettall that it cannot receive the least taint or blemish and if there were any before in the person of the Prince it takes them all away and makes him to be Rectus in curia This as in many others may be exemplified in Henry the Seventh and the late Queen Elizabeth when she first came to the Crown 't was mention'd in Parlement that the attainder might be taken off him under which he lay all the time he liv'd an Exile in France it was then by the whole house of Parlement resolv'd upon the question that it was unnecessary because the Crown purg'd all So likewise when Queen Elizabeth was brought as it were from the Scaffold to the Throne though she was under a former attainder yet 't was thought superfluous to take it off for the Crown washeth away all spots and darteth such a brightnesse such resplendent beams of Majesty that quite dispell all former clouds so that put case King Iames died a violent death and his Son had been accessary to it which is as base a lie as ever the devil belch'd out yet his accesse to the Crown had purged all This businesse about the playster which was applyed to King Iames was sifted and winnow'd as narrowly as possibly a thing could be in former Parlements yet when it was exhibited as an Article against the Duke of Buckingham 't was term'd but a presumption or misdemeanure of a high nature And 't is strange that these new accusers shold make that a parricide in the King which was found but a presumption in the Duke who in case it had been so must needs have been the chiefest Accessary And as the ancient Crown and Royall Diadem of England is made of such pure allay and cast in so dainty a mould that it can receive no taint or contract the least speck of enormity and foulenesse in it self so it doth endow the person of the Prince that weares it with such high Prerogatives that it exempts him from all sorts of publique blemishes from all Attainders Empeachments Summons Arraignments and Tryalls nor is there or ever was any Law or Precedent in this Land to lay any Crime or capitall charge against him though touching civill matters touching propertie of meum and tuum he may be impleaded by the meanest vassall that hath sworn fealty to him as the Subjects of France and Spaine may against
Prince of Orenge Hereunto may be added as a speciall argument of compliance and grace the passing of the Bill for a Trienniall Parliament and lastly which is the greatest Evidence that possibly can be imagined of that reall trust and confidence he reposed in them he passed that prodigious Act of Continuance Peregrin Touching the Trienniall Parliament there may come some whole some fruit out of it will keep all Officers in awe and excite the Nobilitie and young Gentrie of the Kingdome to studie and understand the Government of the land and be able to sit and serve their countrey in this great Senate But for this Act of Continuance I understand it not Parliaments are good Physick but ill meat They say abroad that England is turned hereby from a Monarchy to a Democracy to a perpetual kind of Quingentumvirat and whereas in former times ther was a Heptarchy of seven Kings in her they say now she hath seventy times seven But in lieu of these unparallell'd Acts of grace and trust to the Parl. what did the Parliament for the King all this while Patricius They promised specially upon the passing of the last Act That they would make him the most glorious the best beloved and richest King that ever reigned in England and this they did with deep protestings and asseverations But there intervened an ill-favoured accident which did much hurt viz. A Discourse for truely I think it was no more but a discourse which some green heads held to bring up the Northern armie to check the Puritan partie and the rabble of the citie This kept a mightie noyse and you know who fled upon it and much use was made of it to make that cloud of jealousie which was but of the breadth of a hand before to appear as big as a mountaine Yet his Majestie continued still in passing Acts of grace and complying with them in every thing Hee put over unto them the Earle of Strafford who after a long costly triall wherein he carried himself with as much acutenesse dexteritie and eloquence as humane braine could be capable of for his defence hee was condemned to the Scaffold and so made a sacrifice to the Scot who stayed chiefly for his head which besides those vast summes of money was given him to boot Peregrin Touching the Earle of Strafford 't is tru he was full of ability elocution and confidence and understood the lawes of England as well as any yet there were two things I heard wherein his wisdom was questioned first that having a charge ready against his chiefest accusers yet he suffered them to have the priority of sute which if he had got he had thereby made them parties and so incapable to be produced against him Secondly that during the time of his tryall he applyed not himself with that compliance to his Iury as well as to his Iudges for he was observed to comply only with the Lords and not with the House of Commons Patricius Howsoever as some say his death was ●…esolved upon si non per viam justitiae saltem per viam expedientiae which appears in regard the proceedings against him are by a clause in the Act not to be produced for a leading case or example to future ages and inferiour Courts I blush to tell you how much the rabble of the City thirsted after his blood how they were suffered to strut up and down the streets before the royal Court and the Parliament it self with impunity They cried out that if the Common Law fail'd club law should knock him down and their insolency came to that height that the names of those Lords that would not doome him to death should be given them to fix upon posts up and downe And this was the first tumult that happened this Parliament whereof so many followed after their example being not onely conniv'd at but backed by authoritie for there were prohibitions sent from the Parliament to hinder all processe against some of them These Myrmidons as they termed themselves were ready at a watchword so that one might say there was a kind of discipline in disorder Peregrin Were ther any troubled for delivering their votes in the Houses I thought that freedom of opinion and speech were one of the prime priviledges of that great Nationall Senat. Patricius Yes Those that were the Minions of the House before became now the subjects of popular malice and detraction as the Lord Digby now Earl of Bristol for one because against the dictamen of their consciences they would not vote the Earl of Strafford to death and renounce their own judgments and captivate it to the sense of others yet they stood firm to their first grounds that he was a delinquent in a high nature and incapable ever to beare office in any of His Majesties dominions Peregrin I perceive Sir by your speeches that one of the chiefest causes of these combustions may be imputed to the Citie of London which may be called the Metropolis of all these evils and I little wonder at it for it hath been alwaies incident to all great Townes when they grow rich and populous to fall into acts of insolence and to spurne at government where so many pots so many braines I meane are a boyling ther must needs be a great deal of froth but let her look to her self for Majesty hath long arms and may reach her at last But the truth is that London bears no proportion with the size of this Island for either the one shold be larger or the other lesser London may be well compared to the liver of a cramm'd Italian goose whose fatning emacerates the rest of the whole body and makes it grow lean and languish and she may be well term'd a goose now more then ever for her feathers are pluck'd apace but now that you have done with the Earl of Strafford what is become of all the rest who were committed Patricius They are still in durance and have continued so these two years and upward yet are not proceeded against nor brought to their answer to this very day though all the Courts of Justice have bin open ever since Many hundreds more of the best sort of Subjects have bin suddenly clapt up and no cause at all mentioned in many of their commitments and new Prisons made of purpose for them where they may be said to be buried alive and so forgotten as if ther were no such men in the world wherof the Author was one And how this can stand with Magna Charta with the Petition of Right to vindicat which ther was so much pains taken the last Parliament let any man of a sane judgment determin Yet one of the Judges who hath an Impeachment o●… High Treason still lying Dormant against him though he be not Rectus in Curia himself is suffered to sit as Judge upon the highest tribunall of England whereas another for a pretended misdemeanour only is barr'd from sitting ther. Others who were at first
one of their Election And lastly he trusted them with his greatest strength of all with his Navie Royall and call'd home Pennington who had the guard of the narrow Seas so many yeares Peregrin Truly Sir I never remember to have heard or read of such notable acts of grace and confidence from any King but would not all this suffice Patricius No But they demanded all the Land Souldiery and military strength of the Kingdome to be disposed of by them and to be put into what posture and in what Equipage and under what Commanders they pleas'd And this was the first thing his Majesty ever denyed them yet he would have granted them this also for a limited time but that would not serve the turn Hereupon his Majesty grew a little sensible how they inch'd every day more and more upon his Royall Prerogatives And intending to go to his Town of Hull to see his Magazin which he had bought with his own money with his ordinary train he was in a hostile manner kept out Canons mounted Pistols cockt and leveld at him But whether that unlucky Knight Hotham did this out of his fidelity to the Parl. or out of an apprehension of feare that some about the King being mov'd with the barbarousnesse of the action would have pistold him I will not determine Peregrin I have read of divers affronts of this kinde that were offerd to the French Kings Rochell shut her gates more than once against Henry the Great and for the King now regnant they did not only shut him out of many of his Towns but upon the gates of some of them they writ in legible Characters Roy san Foy ville sans peur a faithlesse King a fearlesse Towne Yet in the greatest heat of those warres there was never any Towne refus'd to let in her King provided he came attended onely with his own traine and besides other people abroad I heard the Scot's nation did abhor that Act at Hull But I pray Sir go on Patricius His Majesty being thus shut out of one Towne he might justly suspect that an attempt might be made to shut him in in some other Therefore he made a motion to the Yorke-shire Gentlemen to have a gard for the preservation of his Person which was done accordingly But I am come to forward I must go backe and tell you how the King was driven from Westminster When His Majesty was return'd from Scotland he retir'd to Hampton Court whence upon the Lord Majors and the Cities humble sollici●…ation he came back to White-hal to keep his Christmas But when the Bill against Bishops was in agitation which businesse ●…asted neer upon ten weekes a crue of bold ●…turdie mechanicks and mariners came ●…rom the Citie and ruffled before White-hall and Westminster-hall and would have violated the Abby of Westminster so that for many ●…ights a Court of gard was forced to be kept ●…n the body of that Church the chiefest Sanctuary of the Kingdom Moreover His Majesty having impeached some of the Members of both Houses of High Treason and being denied to have them delivered up he went himself to the Lower House to demand them assuring the House they should have as faire and legall a triall as ever men had But as it pleas'd God they were not there but retir'd to London for refuge The Londoners grew starke wilde thereupon and notice being sent to all the adjacent Counties this act of the Kings though it wanted no precedents of former times was aggravated in the highest degree that possibly could be Hence you may easily inferre what small securitie his Majesty had at White-hall and what indignities he might have exposed himself unto by that which had pass'd already from the Rabble who had vilified and cried tush at his proclamations and disgorg'd other rebellious speeches with impunity therefore he retird to Hampton Court as we read our Saviour withdrew himselfe once from the multitude thence to Windsor Castle whence accompanying her Majesty with his eldest daughter to the sea side for Holland and having commanded the Prince to attend him against his return at Greenwich the Prince had been surpriz'd and brought to London had not the King come a little before Thence he removed to Yorke where he kept his Court all the Sommer But to returne to London the very next day after their Majesties departure the Countrey about especially Buckinghamshire being incited by the C●…tie and Parliament came in great swarmes and joyning with the London mechanicks they ruffled up and down the streets and kept such a racket making the fearfull'st riot that ever I beleeve was heard of in Parliament time so those Members which formerly were fled into the Citie were brought to the House in a kind of triumph being garded by land and water in warlike manner by these Champions After this sundry troops of horse came from all the shires near adjoyning to ●…he Parliament and Buckingham men were ●…he first who while they express'd their ●…ve to Hamden their Knight forgot their ●…worn oath to their King and in stead of feathers they carried a printed Protestation in ●…heir hats as the Londoners had done a lit●…le before upon the Pikes point Peregrin This kept a foul noise beyond Sea I re●…ember so that upon the Rialto in Venice ●…t was sung up and down that a Midsummer Moon though it was then midst of Winter did raign amongst the English and you must ●…hink that it hath made the Venetian to ●…hrink in his shoulders and to look but ill-favouredly upon us since wee 'l have none of his currans But Sir I heard much of that Protestation I pray what was the substance of it Patricius It was penn'd and enjoyn'd by the Par●…iament for every one to take and it consisted of many parts the first was to maintain the tru Potestant Religion against all Popish innovations which word Popish as som think was scrued in of purpose for a loop hole to let in any other innovation the second was to maintain the Prerogative an●… Honour of the King then the power and priviledge of Parliament and lastly the Propriety and Liberty of the subject for thre●… parts of this Protestation the people up an●… down seem'd to have utterly forgotte●… them and continue so still as if their consciences had bin tied only to the third viz the priviledge of Parliament and never was ther a poor people so besotted never wa●… reason and common sence so baffled in an●… part of the world And now will I go to attend His Majesty at York where as I told you before being loth to part with his Sword though he had half parted with his Scepter before by denying the Parliament an indefinite time to dispose of the Militia alleadging that as the Word so the thing was new He sends forth his Commissions of Array according to the old Law of England which declares i●… to be the undoubted Right and Royall Signorie of the King to arm or disarm any
Londoners and by what persons W. and Strode I am ashamed to tell you But that His Majesty was victorious that day a day which I never thought to have seen in England ther be many convincing arguments to prove it for besides the great odds of men which fell on their side and Cannons they lost som of their Ordnance were nayl'd by the Kings Troops the next morning after in the very face of their Army Moreover the King advanc'd forward the next day to his former road and took Banbury presently after but the Parliamenteers went backwards and so from that day to this His Majesty continueth Master of the field 'T is tru that in som places as at Farnham Winchester and Chichester they have prevail'd since but no considerable part of the Royall Army was ther to make opposition and I blush to tell you how unworthily the Law of Armes was violated in all those places Peregrin Good Lord how can the souls of those men that were in the Parliaments Army at Keinton Battell dispense with the Oaths of Supremacy and Allegeance besides the Protestation you speak of they had taken to preserve the Person Honour and Prerogative of the King when they thus actually bandy against his Person and appear in battel with all the engines of hostility against him Patricius I wold be loth to exchange consciences with them and prevaricate so palpably with God Almighty Touching the Cavaliers they may be said to comply with their duties both towards God and their King according to the Oaths you mention Moreover ther was a strong Act of Parliament for their security which was never as much as questioned or controverted much lesse suspended or repeal'd But always stood and yet stands in as full validity and force as it was the first day it was Enacted and as much binding to an universall obedience which Act runs thus 13. Octobris Anno undecimo Henrici Septimi Anno Dom. 1496 IT is Ordained Enacted and Established by the King Our Soverain Lord by the Advice and Assent of the Lords Spirituall and Temporall and the Commons in this present Parliament Assembled and by Authority of the same That from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and Soverain Lord of this Land for the time being in his person and do him tru and faithfull service of Allegiance in the same or be he in other places by his Commandment in his wars within this Land or without That for the said Deed and tru duty of Allegiance he or they be in no wise Convict or attaint of High Treason nor of other offences for that cause by Act of Parliament or otherwise by any processe of Law whereby he or any of them shall lose or forfeit Life Lands Tenements Rents Possessions Hereditaments Goods Chattels or any other things But to be for that Deed and Service utterly discharged of any Vexation Trouble or loss And if any Act or Acts or other processe of the Law hereafter therupon for the same happen to be made contrary to this Ordinance That then that Act or Acts or other processe of the Law whatsoever they shall be stand and utterly void Provided alwayes that no person or persons shall take any benefit or advantage by this Act which shall hereafter decline their said Allegiance Peregrin This is as plain and fair as can be for securing both the Person and Conscience of the Cavalier but was ther ever any Act or Oath or any thing like an Oath that oblig'd Englishmen to be tru unto or fight for the Parliament Patricius Never any but these men by a new kind of Metaphysicks have found out a way to abstract the Person of the King from his Office to make his Soveraigntie a kind of Platonick Idea hovering in the aire while they visibly attempt to assaile and destroy his Person and Progeny by small and great shot and seek him out amongst his life-Gard with fire and sword yet they give out they fight not only not against him but for him and that their army is more loyall unto him than his owne who they say fight only for the name King though they have his person really amongst them commanding and directing Thus they make Him a strange kind of Amphibium they make in one instant a King and no King of the same Individuum a power which the Casuists affirme God Almighty never assumed to himself to doe any thing that implies a contradiction Peregrin Noble Sir you make my heart to pant within me by the Pathetick relation you have been pleas'd to make mee of these ●…uthfull times But one thing seems to me to be no lesse then a miracle how his Majestie hath beene able to subsist all this while considering the infinite advantages the averse partie hath had of him for they have all the tenable places and townes of strength both by land and sea They have the Navie royall they have all the Amunition and Armes of the Crown they have all the Imposts and Customs Poundage and Tonnage which they levie contrary to their former Protestation before the Bill be pass'd They have the Exchequer at their devotion and all the Revenue of the King Queen and Prince and lastly they have the citie of London which may be eall'd a Magazin of money and men where there is a ready supplie and superfluitie of all things that may seed clothe or make men gay to put them in heart and resolution Truely considering all these advantages with divers others on their side and the disadvantages on the Kings it turnes me into a lump of astonishment how his Majestie could beare up all this while and keep together so many Armies and be still master of the Field Patricius I confesse Sir it is a just subject for wonderment and we must ascribe it principally to God Almightie who is the Protectour of his Anointed for his hand hath manifestly appear'd in the conduct of his affaires Hee hath been the Pilot who hath sate at the helme ever s●…nce this storme began and will we hope continue to steer his course till he waft him to safe harbour againe Adde hereunto that his Majesty for his own part hath beene wonderfully stirring and indefatigable both for his body and minde And what notable things HER Majesty hath done and what she hath suffered is fitter for Chronicle then such a simple Discourse Hereunto may be added besides that his Majestie hath three parts of foure of the Peeres and Prime Gentrie of the Kingdom firme unto him and they will venture hard before they will come under a popular government and mechanicall corporations or let in Knox or Calvin to undermine this Church and bring in their bawdy stool of Repentance Peregrin Truely Sir amongst other Countreys I extreamly long'd to see England and I am no sooner come but I am surfeited of her already I doubt the old Prophecie touching this Island is come now to be verified
many petty Republikes amongst them so that they begin to smell rank of a Hans-town Poor simple Annimals how they suffer their pockets to be pick'd their purses to be cut how they part with their vitall spirits every week how desperately they post on to poverty and their own ruine suffering themselves in lieu of Scarlet-gownes to be governed by a rude company of Red-coats who 'twixt plundering assessements and visits will quickly make an end of them I fear ther is som formidable judgment of regall revenge hangs over that City for the anger of a King is like the roaring of a Lyon and I never read yet of any City that contested with her Soverain but she smarted soundly for it at last The present case of London bears a great deal of proportion with that of Monpellier here in France in Charls the seventh's time for when that town had refused the publishing of many of the Kings Edicts and Declarations murthered som of his Ministers and Servants abused the Church and committed other high acts of insolency the Duke of Berry was sent to reduce the Town to obedience the Duke pressed them with so hard a siege that at last the best Citizens came forth in procession bare-headed bare-footed with white wands in their hands and halters about their necks to deliver the keys of all the gates to the Duke but this wold not serve the turn for two hundred of them were condemned to the gallies two hundred of them were hang'd and two hundred beheaded the King saying he offered those as victimes for the lives of his servants whom they had murthered with the false sword of Justice But Sir I much marvell how your Church-government which from all times hath been cryed up to be so exact is so suddenly tumbled into this confusion how your Prelates are fallen under so darke a cloud considering that divers of them were renowned through all the Reform'd Churches in Christendome for their rare learning and pietie At the Synod at Dort you know some of them assisted and no exception at all taken at their degree and dignity but took precedence accordingly how came it to passe that they are now fallen under this Eclypse as so be so persecuted to be push'd out of the House of Peers and hurried into prison I pray you be pleased to tell me Patricius Sir I remember to have read in the Irish Story That when the Earl of Kildare in Henry the eighth's time was brought before the Lord Deputy for burning Cassiles Church he answered My Lord I would never have burnt the Church unlesse I had thought the Biship had been in it for 't was not the Church but the Bishop I aim'd at One may say so of the Anglican Church at this present that these fiery Zelots these vaporing Sciolists of the times are so furiously enraged against this holy Primative order some out of Envie some out of Malice some out of Ignorance that one may say our Church had not been thus set on fire unlesse the Bishops had been in 't I grant there was never yet any Profession made up of men but there were some bad we are not Angels upon earth there was a Iudas amongst the first dozen of Christians though Apostles and they by our Saviours owne election Amongst our Prelates peradventure for I know of no accusation fram'd against them yet some might be faulty and wanting moderation being not contented to walk upon the battlements of the Church but they must put themselves ●…pon stilts but if a golden chaine hath happily a copper link two or three will you therefore breake and throw away the whole chaine If a few Sho●…makers I confesse the comparison is too homely but I had it of a Scots man sell Calfes skin for Neats leather must the Gentle-Craft be utterly extinguish d must we go bare foot therefore Let the persons suffer in the Name of God and not the holy Order of Episcopacy But good Lord how pittifully were those poor Prelats handled what a Tartarian kind of tyranny it was to drag twice into prison twelve grave reverend Bishops causâ adhuc inaudita and afterwards not to be able to frame as much as an accusation of misdemeanor against them much lesse of Treason whereof they were first impeach'd with such high clamors But I conceive it was of purpose to set them out of the way that the new Faction might passe things better amongst the Peers And it seemes they brought their work about for whilest they were thus reclused and absent they may be sayed to be thrust out of doores and ejected out of their owne proper ancient inheritance And the Tower wherein they were cast might be called Limbo patrum all the while Peregrin But would not all this with those unparallell'd Bills of Grace you mentioned in your first Discourse which had formerly passed suffice to beget a good understanding and make them confide in their King Patricius No but the passing of these Bills of grace were term'd Acts of Duty in his Majesty they went so far in their demands that 't was not sufficient for him to give up his Tower 〈◊〉 Fleet-Royall his Magazines his Ports Castl●… and Servants but he must deliver up his swor●… into their hands all the Souldiery Military forces of the Land nay he must give up his very Understanding unto them he must resigne his own Reason and with an implicit Faith or blind Obedience he must believe all they did was to make him glorious and if at any time he admonished them o●… prescribed wayes for them to proceed and expedit matters or if he advised them in any thing they took it in a kind of indignation and 't was presently cryed up to be Breach of Priviledge Peregrin Breach of Priviledge forsooth There is no way in my conceit to make a King more inglorious both at home and abroad then to disarme him and to take from him the command and disposing of the Militia throughout his Kingdome is directly to disarm him wrest the Sword out of his hand and how then can he be termed A Defendor how can he defend either himself or others 't is the onely way to expose him to scorn and derision truly as I conceive that demand of the Militia was a thing not only unfit for them to ask but for him to grant But Sir what shold be the reson which mov'd them to make that insolent proposall Patricius They cry'd out that the Kingdom was upon point of being ruin'd that it was in the very jawes of destruction that there were forreign and in-land plots against it all which are prov'd long since to be nothing else but meere Chymera's yet people for the most part continue still so grossely besotted that they cannot perceive to this day that these forg'd feares these Utopian plots those publick Idea's were fram'd of purpose that they might take all the martiall power into their hands that so they might without controulment cast the
government of Church and state into what mold they pleased and ingrosse the chiefest offices to themselves And from these imaginary invisible dangers proceeded these visible calamities and grinding palpable pressures which hath accompanied this odious Warre ever since Peregrin Herein methinks your statists have shewne themselves politique enough but not so prudent honest for Prudence Policy though they often agree in the end yet they differ in election of the meanes to compasse their ends The one serves himself of truth strength of Reason integrity and gallantnesse in their proceedings the other of fictions fraudulence lies and other sinister meanes the work of the one is lasting and permanent the others worke moulders away and ends in infamy at last for fraud and frost alwaies end foule But how did they requite that most rare and high unexampled trust his Majesty reposed in them when he before passed that fatall Act of continuance a greater trust then ever English King put in Parliament How did they performe their solemn promise and deepe Protestations to make him the most glorious at home and abroad the richest and best belovedst King that ever raigned in that Island Patricius Herein I must confesse they held very ill correspondence with him for the more he trusted them the more diffident they grew of him and truly Sir herein white differs not so much from black as their actions have been disconsonant to their words Touching the first promise to make him glorious if to suffer a neighbouring Nation the Scot to demand and obtain what they pleased of him if to break capitulations of peace with a great forrein Prince the French King by the renvoy of the Capuchins and divers other Acts if to bring the dregs and riffraffe of the City to domineere before his Court-gate notwithstanding his Proclamations of repressing them if to confront him and seek his life by fire and sword in open field by open desiance and putting him upon a defensive war if to vote his Queen a Traytresse to shoot at her to way-lay her to destroy her if to hinder the reading of his Proclamations and the sleighting of his Declarations enclosed in Letters sign'd and seal'd with his own hand for fear they shold bring the people to their wits again if to call them fetters of gold divellish devises fraught with doctrines of division reall mistakes absurd suppositions though ther never dropt from Princes pen more full more rationall and strong sinewy expressions if to suffer every shallow-brain'd Scolist to preach every Pamphletter to print every rotten-hearted man or woman to prate what they please of him and his Queen if to sleight his often acknowledgment condissentions retractions pronunciations of Peace and proffers of Pardon if to endeavour to bring him to a kind of servile submission if to bar him of the attendance of his Domestiques to abuse and imprison his messengers to hang his servants for obeying his Commission if to prefer the safety and repute of five ordinary men before the honour of their King and being actually impeach'd of Treason to bring them in a kind of triumph to his House if for subjects to Article Treat and Capitulate with him if to tamper with his Conscience and make him forget the solemn sacramentall oath he took at his Coronation if to devest him of all regall rights to take from him the election of his servants and officers and bring him back to a kind of minority if this be to make a King glorious our King is made glorious enough Touching the second promise to make him the richest King that ever was if to denude him of his native rights to declare that he hath no property in any thing but by way of trust not so much property as an Elective King if to take away his customs of inheritance if to take from him his Exchequer and Mint if to thrust him out of his own Towns to suffer a lowsie Citizen to lie in his beds within his Royall Castle of Windsor when he himself would have come thither to lodg if to enforce him to a defensive war and cause him to engage his Jewells and Plate and so plunge him in a bottomlesse gulph of debt for his necessary defence if to anticipate his revenue royall and reduce him to such exigents that he hath scarce the subsistence of an ordinary Gentleman if this be to make a rich King then is our King made sufficiently rich Concerning their third promise to make him the best belovedst King that ever was if to cast all the aspersions that possibly could be devised upon his Government by publique elaborat remonstrances if to suffer and give Texts to the strongest lung'd Pulpiteers to poyson the hearts of his subjects to intoxicat their brains with fumes of forg'd jealousies to possesse them with an opinion that he is a Papist in his heart and consequently hath a design to introduce Popery if to sleight his words his promises his Asseverations Oaths and Protestations when he calls heaven and earth to witnesse when he desires no blessing otherwise to fall upon himself his wife and children with other pathetick deep-fetcht expressions that wold have made the meanest of those millions of Christians which are his vassals to be believed if to protect Delinquents and proclaim'd Traytors against him if to suscitate authorise and encourage all sorts of subjects to heave up their hands against him and levy armes to emancepate themselves from that naturall allegiance loyalty and subjection wherein they and their fore-fathers were ever tyed to his Royall Progenitors if to make them swear and damn themselves into a rebellion if this be to make a King beloved then this Parliament hath made King Charles the best beloved King that ever was in England Peregrin I cannot compare this Rebellion in England more properly then to that in this Kingdom in King Iohn's time which in our French Chronicle beares to this day the infamous name of Iaquerie de Beauvoisin The Peasans then out of a surfeit of plenty had grown up to that height of insolency that they confronted the Noblesse and Gentry they gathered in multitudes and put themselves in armes to suppresse or rather extinguish them and this popular tumult never ceased till Charles le Sage debell'd it and it made the Kings of France more puissant ever since for it much increased their Finances in regard that those extraordinary taxes which the people imposed upon themselves for the support of the war hath continued ever since a firm revenue to the Crown which makes me think of a facecious speech of the late Henry the Great to them of Orleans for wheras a new imposition was laid upon the Townsmen during the league by Monsieur de la Chastre who was a great stickler in those wars they petitioned Henry the fourth that he wold be pleased to take off that taxe the King asked them Who had laid that taxe upon them they said Monsieur de la Chastre during
three things which are inalienable from the Person of the King They are 1. The Crowne 2. The Scepter 3. The Sword The one He is to carry on His Head the other in His Hand and the third at His Side and they may be termed all three the ensignes or peculiar instruments of a King by the first He Reignes by the second He makes Lawes by the third He Defends them and the two first are but bables without the last as was formerly spoken 1. Touching the Crown or royal Diadem of England ther is none whether Presbyterian Independent Protestant or others now in action but confess that it descends by a right hereditary Line though through divers Races and som of them Conquerours upon the Head of Charles the first now Regnant 't is His own by inherent birth-right and nature by Gods Law and the Law of the Land and these Parliament-men at their first sitting did agnize subjection unto Him accordingly and recognize Him for their Soveraign Liege Lord Nay the Roman Catholick denies not this for though there were Bulls sent to dispense with the English Subjects for their allegiance to Queen Elizabeth yet the Pope did this against Her as he took Her for a Heretick not an Usurpresse though he knew well enough that She had bin declared Illegitimate by the Act of an English Parliament This Imperial Crown of England is adorned and deckd with many fair Flowers which are called royal Prerogatives and they are of such a transcendent nature that they are unforfeitable individual and untransferrable to any other The King can only summon and dissolve Parliaments The King can only Pardon for when He is Crowned He is sworn to rule in Mercy as well as in Justice The King can only Coyn Money and enhance or decry the value of it The power of electing Officers of State of Justices of Peace and Assize is in the King He can only grant soveraign Commissions The King can only wage War and make Out-landish Leagues The King may make all the Courts of Justice ambulatory with His Person as they were used of old 't is tru the Court of Common Pleas must be sedentary in som certain place for such a time but that expired 't is removeable at His pleasure The King can only employ Ambassadours and Treat with forraign States c. These with other royal Prerogatives which I shall touch hereafter are those rare and wholsom flowers wherewith the Crown of England is embellished nor can they stick any where else but in the Crown and all confess the Crown is as much the King 's as any private man's Cap is his own 2. The second regall Instrument is the Scepter which may be called an inseparable companion or a necessary appendix to the Crown this invests the King with the sole Authority of making Lawes for before His confirmation all results and determinations of Parliament are but Bills or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they are but abortive things and meer Embryos nay they have no life at all in them till the King puts breath and vigour into them and the ancient custome was for the King to touch them with His Scepter then they are Lawes and have a vertue in them to impose an obligation of universall obedience upon all sorts of people It being an undeniable maxime That nothing can be generally binding without the King 's royall assent nor doth the Law of England take notice of any thing without it This being done they are ever after styl'd the Kings Lawes and the Judges are said to deliver the King's judgments which agrees with the holy text The King by judgment shall stablish the Land nay the Law presumes the King to be alwaies the sole Judge Paramount and Lord chief Justice of England for he whom He pleaseth to depute for His chiefest Justice is but styl'd Lord chief Iustice of the Rings ●…ench not Lord chief Justice of England which title is peculiar to the King Himself and observable it is that whereas He grants Commissions and Patents to the Lord Chancellour who is no other then Keeper of His Conscience and to all other Judges He names the Chief Justice of his own Bench by a short Writ only containing two or three lines which run thus Regina Iohanni Popham militi salutem Sciatis quod constitutmus vos justiciarium nostrum Capitalem ad placita coram nobis terminandum durante beneplacito nostro Teste c. Now though the King be liable to the Laws and is contented to be within their verge because they are chiefly His own productions yet He is still their Protector Moderator and Soveraigne which attributes are incommunicable to any other conjunctly or separately Thus the King with His Scepter and by the mature advice of His two Houses of Parl. which are His highest Councel and Court hath the sole power of making Laws other Courts of judicature doe but expound them and distribute them by His appointment they have but Iuris dati dictionem or declarationem and herein I meane for the Exposition of the Lawes the twelve Iudges are to be believed before the whole Kingdom besides They are as the Areopagites in Athens the chief Presidents in France and Spaine in an extraordinary Iunta as the Cape-Syndiques in the Rota's of Rome and the Republique of Venice whose judgments in point of interpreting Lawes are incontroulable and preferred before the opinion of the whole Senate whence they received their being and who hath still power to repeal them though not to expound them In France they have a Law maxime Arrest donné en Rebbe rouge est irrevocable which is a Scarlet Sentence is irrevocable meaning when all the Judges are met in their Robes and the Client against whom the Cause goes may chafe and chomp upon the bit and say what he will for the space of twenty foure howers against his Judges but if ever after he traduces them he is punishable It is no otherwise here where every ignorant peevish Client every puny Barister specially if he become a Member of the House will be ready to arraign and vie knowledge with all the reverend Judges in the Land whose judgement in points of Law shold be onely tripodicall and sterling so that he may be truly call'd a just King and to rule according to Law who rules according to the opinion of his Judges therefore under favour I do not see how his Majesty for his part could be call'd injust when he leavied the Ship-money considering he had the Judges for it I now take the Sword in hand which is the third Instrument of a King and which this short discours chiefly points at it is as well as the two first incommunicable and inalienable from his Person nothing concernes his honor more both at home and abroad the Crown and the Scepter are but unweildy and impotent naked indefensible things without it There 's none so simple as to think there 's meant hereby an ordinary single sword
of som mongrel Englishmen aforementioned entred into the Bowels of the Country the King was forced to call this present Parliament with whom he complyed in every thing so far as to sacrifice unto them both Iudge Bishop Councellor and Courtier yea He yielded to the tumbling down of many tribunals of Justice which were an advantage to his Prerogative He assented that the Prelates who were the most Ancient and Prime Members of the upper House and had priority of all others since the first constitution of Parliament in the enrollment of all Acts He assented I say that these who were the greatest prop of His Crown shold be quite outed from among the Peers He granted them also a Trienniall Parliament and after that this Perpetuall which words to the apprehension of any rational man carry with them a grosse absurdity in the very sense of the thing And touching this last Grant I had it from a good hand that the Queen was a friend to this Parliament and your Eminence knows how they have requited Her since but the main open Councellor to this fatall Act was a Scot. Now the reason which they alledged for this everlasting Parliament was one of the baldest that ever I heard of it was that they might have time enough to pay the Scots Army wheras in one morning they might have dispatched that by passing so many Subsidies for that use and upon the credit of those they might have raised what money they wold The Parliament finding the King so plyable and His pulse to beat so gently like ill-natur'd men they fall from inches to ells in seeking their advantages They grew so peremptory as to demand all the Military strength of the Kingdom the Tower of London with the whole Royal Navy which they found in an excellent equipage gramercy ship-money so that the benefit of ship-money which they so clamoured at turned most to their advantage of any thing afterwards The Scot being Fidler-like returned to his Country with meat drink and money the King went a while after to keep a Parliament ther wherein he filled every blank they did but ask and have for He granted them what possibly they could propound both for their Kirk and State many received Honour and they divided Bishops Lands amongst them for all which unparallel'd Concessions of Princely grace they caused an Act already in force to be published viz. that it shold be damnable Treason in the highest degree that could be for any of the Scots Nation conjunctly or singly to levy armes or any Military Forces upon any pretext whatsoever without His Majesties royal Commission and this they caused to be don by way of gratitude but how they perform'd it afterwards the world knowes too well The King returning to London in lieu of a welcom to his two Houses of Parliament to whom also before his departure he had passed more Acts of Grace then all his Progenitors take them all in a lump they had patch'd up a kind of Remonstrance which was voted in dead of the night wherein they expos'd to the world the least moat in former government and aggravated to the very height every grievance notwithstanding that the King had redressed all before and this Remonstrance which breath'd nothing but a base kind of malice they presented as a nosegay to their Soveraign Prince to congratulat his safe return from a forein Countrey which Remonstrance they caus'd to be printed and publish'd before he could give any answer thereunto The King finding such a virulent spirit still raign in the House and knowing who were chiefly possess'd with it viz. Those whom he had impeach'd before but saw he could get no justice against them in such an extremity he did an act like a generous Prince for taking the Palsgrave with him he took the first Coach he met withall at his Court-gate and went to his House of Commons in person to demand five Members which he wold prove to be Traitors in the highest degree 〈◊〉 to be the Authors of all these distempers protesting upon the word of a King that they shold have as fair legal a tryal as ever men had in the interim he only desir'd that their persons might be secur'd The walls of both Houses and the very stones in London street did seem to ring of this high cariage of the Kings and the sound went thence to the Country whence the silly Plebeians came presently in whole herds to this City who strutting up and down the streets had nothing in their mouths but that the Priviledg of Parlement the priviledg of Parlement was broken though it be the known clear Law of the Land that the Parlement cannot supersede or shelter any Treason The King finding how violently the pulse of the grosly seduced people did beat and ther having bin formerly divers riotous crues of base Mechaniques and Mariners who had affronted both his own Court and the two Houses besides which the Commons to their eternal reproach conniv'd at notwithstanding that divers motions were made by the Lords to suppresse them the King also having privat intelligence that ther was a mischievous plot to surprize his person remov'd his Court to the Countrey The King departing or rather being driven away thus from his two Houses by this mutinous City he might well at his going away have ubraided her in the same words as H. the 3. did upbraid Paris who being by such another tumultuous rabble driven out of her in the time of the Ligue as he was losing sight of her he turn'd his face back and said Farewel ingratefull City I will never see thee again till I make my way into thee through thy Walls Yet though the King absented himself in person thus from the two Houses he sent them frequent messages that they wold draw into Acts what he had already assented unto and if any thing was left yet undon by him he wold do it therfore he will'd them to leave off those groundless feares and jealousies wherwith they had amus'd both City and Country and he was ready to return at all times to his Palace in Westminster provided that his person might be secur'd from the former barbarisms and outrages But in lieu of a dutiful compliance with their Prince the thoughts of the two Houses ran upon nothing but war The King then retiring into the North and thinking with a few of his servants only to go visit a Town of his Hull he was denyed entrance by a fatal unlucky wretch Hotham who afterwards was shamefully executed with his Eldest Son by command of his new Masters of the Parlement The King being thus shut out of his own Town which open'd the first dore to a bloudy war put forth a Declaration wherin he warn'd all his people that they shold look to their proprieties for if He was thus barr'd of his own how could any privat Subject be sure to be Master of any thing he had and herein he was as much Prophet
farther as the heavenly Bodies when three of them meet in Conjunction do use to produce some admirable effects in the Elementary World So when these three States convene and assemble in one solemne great Iunta some notable and extraordinary things are brought forth tending to the welfare of the whole Kingdom our Microcosme HE that is never so little versed in the Annals of this I le will find that it hath bin her fate to be four times conquered I exclude the Scot for the scituation of his Country and the Quality of the Clime hath been such an advantage and security to him that neither the Roman Eagles would fly thither for fear of freezing their wings nor any other Nation attempt the work These so many Conquests must needs bring with them many tumblings and tossings many disturbances and changes in Government yet I have observed that notwithstanding these tumblings it retained still the forme of a Monarchy and something there was always that had an Analogy with the great Assembly of Parlement The first Conquest I find was made by Claudius Caesar at which time as some well observe the Roman Ensignes and the Standard of Christ came in together It is well known what Lawes the Roman had He had his Comitia which bore a resemblance with our Convention in Parlement the place of their meeting was called Praetorum and the Laws which they enacted Plebiscita The Saxon Conquest succeeded next which were the English there being no name in Welsh or Irish for an English man but Saxon to this day They also governed by Parlement though it were under other names as Michel Sinoth Michel Gemote and Witenage Mote There are Records above a thousand years old of these Parlements in the Reigns of King Ina Offa Ethelbert and the rest of the seven Kings during the Heptarchy The British Kings also who retain'd a great while some part of the Isle unconquered governed and made Laws by a kind of Parlementary way witnesse the famous Laws of Prince Howell called Howell Dha the good Prince Howell whereof there are yet extant some British Records Parlements were also used after the Heptarchy by King Kenulphus Alphred and others witnesse that renowned Parliament held at Grately by King Athelstan The third Conquest was by the Danes and they govern'd also by such generall Assemblies as they do to this day witnesse that great and so much celebrated Parlement held by that mighty Monarch Canutus who was King of England Denmark Norway and other Regions 150 years before the compiling of Magna Charta and this the learned in the Laws do hold to be one of the specialst and most authentick peeces of antiquity we have extant Edward the Confessor made all his Laws thus and he was a great Legis-lator which the Norman Conquerour who liking none of his sons made God Almighty his heir by bequeathing unto him this Island for a legacy did ratifie and establish and digested them into one entire methodicall Systeme which being violated by Rufus who came to such a disastrous end as to be shot to death in lieu of a Buck for his sacriledges were restor'd by Henry the first and so they continued in force till King Iohn whose Reign is renowned for first confirming Magna Charta the foundation of our Liberties ever since which may be compar'd to divers outlandish graffes set upon one English stock or to a posie of sundry fragrant flowers for the choicest of the British the Roman Saxon Danish and Norman Laws being cull'd and pick'd out and gathered as it were into one bundle out of them the foresaid Grand Charter was extracted And the establishment of this great Charter was the work of a Parliament Nor are the Lawes of this Island only and the freedome of the Subject conserved by Parlement but all the best policed Countries of Europe have the like The Germanes have their Diets the Danes and Swedes their Rijcks Dachs the Spaniard calls his Parlement las Cortes and the French have or should have at least their Assembly of three States though it be growne now in a manner obsolete because the Authority thereof was by accident devolv'd to the King And very remarkable it is how this happened for when the English had taken such large footing in most parts of France having advanced as far as Orleans and driven their then King Charles the seventh to Bourges in Berry the Assembly of the three States in these pressures being not able to meet after the usuall manner in full Parlement because the Countrey was unpassable the Enemy having made such firme invasions up and down through the very bowels of the Kingdom That power which formerly was inhaerent in the Parlementary Assembly of making Laws of assessing the Subject with Taxes subsidiary levies and other impositions was transmitted to the King during the war which continueth many years that entrusted power by length of time grew as it were habitual in him and could never after be re-assumed and taken from him so that ever since his Edicts countervaile Acts of Parlement And that which made the businesse more feasable for the King was that the burthen fell most upon the Communalty the Clergy and Nobility not feeling the weight of it who were willing to see the Peasan pull'd down a little because not many years before in that notable Rebellion call'd la jaquerie de Beauvoisin which was suppressed by Charles the wise the Common people put themselves boldly in Arms against the Nobility and Gentry to lessen their power Adde hereunto as an advantage to the work that the next succeeding King Lewis the eleventh was a close cunning Prince and could well tell how to play his game and draw water to his own mill For amongst all the rest he was said to be the first that put the Kings of France Hors de page out of their minority or from being Pages any more though therby he brought the poor peasans to be worse than Lacquays and they may thank themselfs for it Neverthelesse as that King hath an advantage hereby one way to Monarchize more absolutely and never to want money but to ballast his purse when he will so ther is another mighty inconvenience ariseth to him and his whole Kingdom another way for this peeling of the Peasan hath so dejected him and cowed his native courage so much by the sense of poverty which brings along with it a narrownesse of 〈◊〉 that he is little usefull for the war which put 's the French King to make other Nations mercenary to him to fill up his Infantery Insomuch that the Kingdom of France may be not unfitly compared to a body that hath all it's bloud drawn up into the arms breast and back and scarce any le●…t from the girdle downwards to cherish and bear up the lower parts and keep them from starving All this seriously considered ther cannot be a more proper and pregnant example than this of our next Neighbours to prove how infinitly necessary