all the marks of Majesty nay they did arrogate to themselves the Legislative and Supreme power Polyander But doth not the Supreme Power reside â—n the English Parlement which is an Epiâ—ome and Representative of the whole Nation Philanglus I will not resolve you in that till I acquaint you with the Pedigree primitive institution of Parlement which I will endeavour to do as succinctly as I can but in regard that our Parlement was erected at first in imitation of the Assembly of the three Estates in France in which Government you are so well vers'd I pray do me the favour as give me a touch of the mode of France in those publick Assemblies and then I shall apply my self to satisfie you touching English Irish and Scots Parlements having in some measure studied the case Polyander In France the Kings Writ goeth to the Bayliffs Seneschals or Stewards of liberties who issue out warrants to all such ashave fees and lands within their Liberties as also to all Towns requiring all such as have any complaints to meet in the principal City there to choose Delegats in the name of the Province to be present at the generall Assembly Being met at the principal City of the Bayliwick the Kings Writ is read and so the Delegates are elected and sworn Then they consult what is to be complained of and fit to be proposed to the King whereof there is an Index or Catalogue made which is delivered to the Delegats to carry to the General Assembly All the Bayliwicks are divided to twelve Classes but to avoid confusion and to the end there may not be too great a delay in the Assembly by gathering of the voyces or suffrages every Classis compiles a brief or Book of the grievances and demands of all the Bayliwicks within that Classis then these Classes at the Assembly compose one general Book of the grievances and demands of the whole Kingdome This being the order of the proceeding of the Comminalty or third Estate the like order is observed by the Clergy and Nobility so when the three books or Cahiers as they call them for the three Estates are perfected then they present them to the King by their Presidents in the open great Assemby The first who presents the Cahiers is the President of the Clergy who begins his Harang or Oration on his knees but at the Kings command he stands up and â—o proceeds bareheaded The President â—or the Nobility speaks next in the like manner But the President for the Commons begins and ends his Oration on his knees whilst the President of the Clergy speaks the rest of that order rise up stand bare till they are bid by the King to sit down and be covered and so the like for the Nobility but whilst the President for the Comminalty speaks the rest are neither bid to fit or to be covered The grievances and demands being thus all delivered at once and left to the King and his Privy Councel without further debate or expence of time the General Assembly of the three Estates endeth expecting afterwards such a redresse to their grievances as the King and his Councel shall think fit Philanglus These proceedings of France are not much unlike the ancient usage of this Kingdome for many ages when all Laws were nothing else but the Kings answers to the Petitions presented to him and his Councel as is apparent by many old Statutes and the confession of Sir Edwarâ— Coke and now to acquit my self of my former engagement unto you I will impart unto you the manner and power oâ— the Parlements of Great Brittain and Ireland I confesse 't is more properly the businesse of a Lawyer which I am none otherwise then what nature hath madâ— me so every man is a Lawyer and 〈◊〉 Logitian also who was the first Lawyer as he is born the child of reason foâ— Law and Logic are meerly founded upon reason This discoursive faculty of Reason comes with us into the world accompanied with certain general notions and natural principles to distinguish right from wrong and falshood from truth But before I come to the English Parlement a word or two of the Parlementâ— of Scotland and Ireland In Scotland about three weeks before the Parlement begins Proclamation is made throughout the Kingdome to deliver unto the Kings Clerk or Master of the Rols all bils to be exhibited that Sessions then are they brought to the King and perused by him and only such as he allows are put in the Chancelors hand to be proponed in Parliament and no others and if any man in Parlement speak of any other matter then is formerly allowed by the King the Chancelor tels him there is no such bill allowed by the King When they have passed them for laws they are presented to the King who with the Scepter put into his hand by the Chancelor ratifies them but if there be any thing the King mislikes they raze it out before The Parlement in Ireland is after this manner No Parlement is to be held but at such a season as the Kings Deputy there doth certifie the King under the Great Seal of the land of the causes considerations and necessity of a Parlement The causes being approved of by the King a Licence is sent under the broad Seal of England to summon a Parlement in Ireland provided that all such bils that shall be proposed there in Parlement be first transmitted hither under the Great Seal of that Kingdome and having received allowance and approbation here they shall be put under the Great Seal of this Kingdome and so return'd thither to be passed in that Parlement this was called Poinings Act in the time of King Philip and Mary Having thus given a concise account of the usage of Parlement in our neighbour Kingdomes I will now passe to that of England Every Freeholder who hath a voice in the election of Knights Citizens and Burgesses to sit in Parlement ought to know well and consider with what power he trusts those whom he chooseth in regard the power of the House of Commons is derived from that trust Now that which gives authoritie for the Freeholders to make their election is the Kings Writ directed to the Sheriff of the County in which is expressed not only the Sheriffs duty in point of summoning but the Writ contains also the duty and power of such Knights and Burgesses that shall be elected therefore to know the full extent of the power of Parlement you must have an eye and observe well the words of the Writ for the Freeholders cannot transfer a greater power then is compriz'd in the Writ to those that they appoint their servants in Parlement The Writ being us'd to be in Latin few Freeholders God wot understood it or knew what they did I will faithfully render the said Writ to you in English The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Council for
he willeth to be observed of all his subjects high and low 3. Edwardi primi the title of the Statute is These are the Acts of King Edward and after it it follows The King hath ordained these Acts the first chapter begins The King forbiddeth and commandeth that none do hurt damage or grievance to any religious man or person of the Church and in the 13. chapter The King prohibitetâ—s that none do ravish or take away by force any Maid within age 6. Edward the first it is said our Soveraign Lord the King hath Established the Acts commanding they be observed within this Realm and in the 14. chap. the words are The King of his special grace granteth that the Citizens of London shall recover in an Assize damage with the land The Statute of Westmin 2. saith Our Lord the King hath ordained that the Will of the Giver be observed and in the 3. chapter Our Lord the King hath ordained that a woman after the death of her husband shal recover by writ of Entry The Statute of Quo Warranto saith Our Lord the King at his Parliament of his special grace and for affection which he beareth to his Prelates Earls and Barons and others hath granted that they who have liberties by prescription shall enjoy them In the Statute De finibus lâ—vatis the Kings words are We intending to provide remedy in our Parliament have ordained c. 28. Edward the first The King wills that the Chancellour and the Justices of the Bench shall follow him so that he may at all time have some neer unto him that be learned in the Laws And in the 24. chapter the words are our Lord the King after full conference and debate had with his Earles Barons and Nobles by that consent hath ordâ—ined The Statâ—â—e de Tallagio speaks in the Kings person no Officer of ours no â—allage shall be taken by us We will and 〈◊〉 1. Edward the second begins thus Our Lord the King willeth and commandeth The Statute of the 9. of the same King saith Our Lord the King by the assent of the Prelates Earls and other great States hath ordained The Statute of Carlile saith We have sent our command in writing firmly to be observed 1. Edwardâ— 3. begins thus King Edward the third At the request of the Comminalty by their Petition before him and his Council in Parliament hath granted c. And in the 5. chapter The King willeth that no man be charged to arm himself otherwise then he was wont 5. Edward the third Our Lord the King at the request of his people hath establâ—shâ—d these things which he wills to be kept 9. Of the same King there is this title Our Lord the King by the assent and advice of his Councel being there hath ordain'd c. In the 10 year of the same King it is said Because our Lord the King hath receiv'd by the complaints of the Earls Barons also at the shewing of the Knights of the Shires and the Commons bytheir Petition in his Parliament c. hath ordain'd by the assent and at the request of the said Knights and Commons c. But very remarkable is that of 22 of Edward the third where it is said The King makes the laws by the assent of Peers and Commons and not the Peers and Commons The Statute of â—Ric â— hath this beginning Richard the second by the assent of the Prelates Dukes Earls and Barons and at the instance and special request of the Commons hath Ordained As for the Parliaments in Henry the fourth Henry the fifth Henry the sixth Edward the fourth and Richard the thirds Reign most of them do all agree in this one title Our Lord the King by the advice and assent of his Lords and at the special instance and request of the Commons Hath Ordained The Statutes in Henry the seventh days do for the most part agree both in the Titles and Bodies of the Acts in these words The King by the assent of the Lords spiritual and Temporal and the Commons 〈◊〉 Parliament assembled hath Ordained But very remarkable it is That the House of Commons was never Petitioned unto till Henry the sevenths reign and 〈◊〉 was about the middle thereof which Petition is inserted among the Statutes but though the Petition be directed to the House of Commons in point of Title yet the Prayer of the Petition is turn'd to the King and not to the Commons The Petition begins thus To the right Worshipful Commons in this present Parliament assembled shews to your discreet wisdoms the Wardens of the Fellowship of the Craft of Upholsters within London c But the conclusion is Therefore it may please the Kings Highnesse by the advice of the Lords Spiritual and Temporal and his Common iâ—â— Parliament c. Thus it appears that in our fore-fathers days it was punctually expressed in all laws that the Statutes and Ordinances were made by the King And withall it is visible by what degrees the stiles and titles of Acts of Parliament have been varied and to whose advantage The higher we look the more absolute we find the power of Kings in ordaininâ— laws nor do we meet with at first so much as the assent or advice of the Lords mentioned Nay if one cast hiâ— eye upon many Statutes of those that be of most antiquity they will appear to be no other things but the Kings pleasure to whom the punishments of most offences were left The punitive part which is the chiefest vigour of the Law we find committed by the Statutes themselves to the Kings meer wil and pleasure as if there were no other law at all witnesse these precedents 3. Edward the first the ninth Chapter saith That Sheriffs Coronets and Bayliffs for concealing of Felonies shall make grierous fines at the Kings pleasure Such as shall be found culpable of ravishing of women shall fine at the Kings pleasure The penalty for detaining a Prisoner that is mainpernable is a fine at the Kings pleasure Offenders in Parks or Ponds shall make fines at the Kings pleasure Committers of Champarty and Extortioners are to be punished at the Kings pleasure Purveyors not paying for what they take shall be grievously punished at the Kings pleasure The King shall punish grievously the Sheriff and him who maintains quarrels Taker away of Nuns from Religious houses to be fined at the Kings Will If a Goldsmith be attainted for not assaying touching and working vessels of Gold he shall be punished at the Kings pleasure There is a notable saying declar'd in the 8. yeer of Henry the fourth viz. potestas principâ—s non est inclusa legibus the Power of the Prince is not curb'd by law In the 2. yeer of Henry the fifth there was a Law made wherein there is a clause that it is the Kings Regality to grant or deny such Petitions as he please 6. Henry the sixth an Ordinance was made to induâ—e as long as it should please the King
Now for further proof that the legislative power is in the King or Suprâ—am Magistrate it is to be observed that as Sir Edward Cook saith All Acts of Parliament in former times were in form of Petitions how if the Petitions were from Parliament and the answer from the King 't is easie to judge who makes the Acts Moreover Sir John Glaâ—vil affirms that in former times the way of Petitioning the King was this The Lords and Speaker either by words or writing preferr'd their Petition to the King which was afterwards called a bill which Petition being receiv'd by the King he received part and part he put out and part he ratified and as it came from him it was drawn to a law Furthermore it appears that Ordimances Provisions and Proclamations made heretofore out of Parliament have been alwayes acknowledged for Laws and Statutes The Statute call'd the Statute of Ireland dated at Westminster 9. Feb. 14. Hen. the third was nothing else but a Letter of the Kings 〈◊〉 Gerard son of Maurice Justicer of Ireland 'T is hard to distinguish among the old Statutes what Laws were made by Kings in Parliament what out of Parliament when Kings called the Peers only to Parliament and of those as many and whom they pleased it was no easie matter to put a difference 'twixt a Proclamation and a Statute or 'twixt the Kings Privy Counsel and his Common Counsel of the Kingdom In the Statute of Westminster 't is said These are the Acts of King Edward the first made at his first Parliament by his Council c. The Statute of Burnel hath these words the King for himselfe and by his Councel hath ordained and established When Magna Charta was confirmed there are found these two provisions in articules super chartas First nevertheless the King and his Council do not intend by reason of this Statute to diminish the Regal right The second notwithstanding all these things before mentioned or any part of them both the King and his Council and all they who are present will and intend that the right and Prerogative of his Crown shall be saved to him in all things The Statute of Escheators hath this title At the Parliament of our Soveraign Lord the King by his Council it was agreed and also by the King himself commanded The Statute made at York 9 Edward the third goeth thus The King by the advice of his Council hath ordained Now touching the Kings Council I mean his Privy Council it hath been alwayes of great authority and extreamly useful in the publick government of the Common-wealth and all Kings have acted most by it King Edward the first finding that Bogo de Clare was discharged of an accusation brought against him in Parliament yet he commanded him nevertheless to appear before him his Privy Council ad facienduÌ„ recipienduÌ„ quod per Regem ejus Concilium faciendum and so proceeded to a re-examination of the whole business Edward the third in the Star-chamber which was the ancient Councel Table of the Kings upon the complaint of Elizabeth Audley commanded James Audley to appear before him and his Councel where a controversie was determin'd between them touching land contained in her joynture Henry the fifth in a sute before him and his Councel for the titles of the Mannors of Serre and Saint Laurence in the I le of Thanet in Kent sent order for the profits to be sequestred till the right were tryed Henry the sixt commanded the Justices of the Bench to stay the arraignment of one Varney in London till they had commandement from Him and his Councel Edward the fourth and his Privy Councel heard and determined the cause of the Master and poor brethren of St. Leonards in York complaining that Sir Hugh Hastings and others withdrew from them a great â—art of their living which consisted chiefly upon the having of a thrave of corn upon every plowland within the Counties of York Cumberland c. Henry the seventh and his Privy Councel commanded that Margery and Florence Becket should suâ— no further in the cause against Alice Radley widow for lands in Woolwich and Plumstead in Kent In Henry the thirds time an order or provision was made by the Kings Council and it was pleaded at the common Law in baâ— to a Writ of dower We find also that it hath been very usual for the Judges before they would resolve or give judgements in some cases to consuâ—â— with the Kings Privy Council In the case of Adam Brabson who was assaulted in the presence of the Justices of Assise at Westminster the Judges would not proceed without the advice of the Kings Privy Council Green and Thorp were sent by the Judges to the Kings Privy Council to demand of them whether by the Statute of Edward the third a word may be amended in a Writ In the 39. of Edward the third in the case of Sir Thomas Ogthred who brought a formedon against a poor man and his wife the Judges said Sue to the Kings Council and as they will have us to do we will do and no otherwise Thus we find that the Court-Council did guide and check the Judges oftentimes yet the Judges have guided the great Common Council or high court of Parliament Polyander I find that you have studied the point of King and Parliament to very good purpose by these choice instances you have produced but I find that though the Parliament hath been held the Great Councel of the Kingdom yet the ordinary way of government was by the King or Soveraign Magistrate and his Councel of State for the great Councel without disparagement may be called the production of the Privy Councel witnesse the words of the Writ of Summons But since you have proceeded so far I desire to know whether by an implicit faith we are to obey what the Parliament determines or whether it may err or no and what are those priviledges it hath Philanglus I shall do my indeavour to satisfie you in all touching the first no doubt but we are to acquiesce in what a true Parliament ordains for it is generally binding and requires an universal obedience because it bears the stamp of Royal Authority and of the Supream Magistrate who is the head of the Parliament who is to consult with his Judges and Privy Council must be satisfied in conscience of the justnesse of such bils that he is to passe for Laws because afterward he is to protect them and his soul lyes by oth at the stake for the defence and Safeguard of them he is also to consult with his learned and Privy Councel whether they trench upon his Royal Prerogative and then his answer is you know it le Roy s' avisera the King will consider of it which though in civil terms is equivolent to a flat denyal Touching the second point Sir Edward Coke tels us that Parlements have been utterly deceived and that in cases of greatest moment specially in
the interpretation of Laws and in that point the twelve Judges who are called the Sages and Oracles of the Law are to be beleeved before the Parliament whose office is more to make new Laws then to expound the old Parliamentâ— being composed of men may erre Mr. Pryn as I alledged before tels us how many usurpers they have preferred before the rightful Heirs How often did Henry the eight make Parliaments the panders of his lust in whose time there are three acts observable 1. That Proclamations shold be equivalent to laws 2. That Queen Elizabeth was illegitimat 3. That the King in his will might name whom he pleas'd to be his successor Besides in lesse then four yeers Religion was changed twelve times in his raign by Parliament Polyander Touching the last Act of naming a successor I have seen a manuscript which makes mention that Henry the eight som 2. yeers before his death summoned a Parliament wherein he intimated unto them that one of the main designs of convoking that Parliament was that they should declare a successor to the Crown But the Parliament with much modesty answered that touching that point it belonged to his Majesty to consider of it and consult with his learned and Privy Councel about it And whomsoever his Majesty would please to nominat in his last Will they would confirm and ratifie Whereupon old Harry made a formal Will which was enrolled in the Chancery wherein remembring the perfidious carriage of James the fourth his brother in law he declared the issue of his eldest sister the Queen of Scotts being forreners incapable to inherit and the issue of Charles Brandon after the progeny of his own body to succeed next This Will continued in the Chancery all Edward the sixts time till Queen Mary who about the midst of her reign did cancel it But now Sir be pleas'd to pardon this Parenthesis and resume the thread of your former discourse in displaying what are the priviledges of Parliament which were so much insisted upon and cried up in the late long Parliament till they swell'd so high that they swallowed up and devour'd the Prerogative Philanglus If we will give credit to Sir Ed. Coke who was a great Champion of the House of Commons and no friend to Prerogative which he was us'd to call that Great Monster the priviledge of freedom from Arrests is the onely priviledge of Parliament He cannot or at least he doth not so much as name any other in his Section of the priviledge of Parliament neither is this priviledge so unquestionable and cleer as some do imagine as divers examples may be produced in the reign of Queen Elizabeth who was so great a darling of the Commons In the 39. of her reign Sir Ed. Hobby and Mr. Brograve Attorney of the Dutchy were sent by the House to the Lord Keeper to require his Lordship to revoke two writs of Subpoena's which were serv'd upon Mr. Tho. Kâ—â—vet a Member of the House the Lord Keeper demanded of them whether they were appointed by any advised consultation of the House to deliver this message unto him with the word require they answered yes he replyed as he thought reverently and honourably of the House and of their liberties and privileges so to revoke the said Subpoenas in that sort was to restrain her Majesty in her greatest power which is in the publick administration of Justice in the place wherein he serves her Therefore he concluded that as they had required him to revoke his Writ so he did require farther deliberation 18 Eliz. report was made by the Attorney of the Dutchy upon the Committee for the delivering of one Mr. Halls man that the Committee found no precedent for setting at large by the Mace any person in arrest but onely by Writ and that by divers precedents of records perus'd by the said Committee it appeared that every Knight Citizen or Burgesse which doth desire privilege hath used in that case to take a corporal oath before the Lord Chancellor or Keeper for the time being that the party for whom such writ is prayed came up with him and was his servant at the time of the arrest made Thereupon Mr. Hall was directed by the house to repair to the Lord Keeper and make oath and then to take a warrant for a writ of privilege for his servant 270 Eliz. Richard Coke a Parliament member being served with a subpoena of Chancery The Lord Keeper boldly answered that he thought the House had 〈◊〉 such privilege against subpoenas as they pretended Neither could he allow of any precedents of the House used in that behalf unlesse the House of Commons could also prove the same to have been likewise allowed and ratified by precedents in the high Court of Chancery Now the Original writ for Election which is the foundation of the whole business makes mention of no such privilege and 't is a rule that to vary from the meaning of the Writ makes a nullity of the cause and the proceedings thereupon For where a Commissioner exerciseth more power then is warranted by his Commission the act is not only invalid but punishable Now the end and scope of privileges of Parlement is not to give power to do any publick act not warranted by the writ but they are intended as helps only to enable the members towards the performance of their duties and so are subservient to the power comprized in the Writ For instance the freedom from Arrests doth not give any power at all to the House of Commons to do any extraordinary act thereby but the Members are made the more capable to attend the publick service by being free from the trouble of arrests so that this privilege giveth no further power at all but only helps to the execution of the power derived from the Royal writ Nor can the Freeholders by their Elections give any such privilege of exemption from arrests but it is the meer gift and grace of the Soveraign Prince yet in point of treson felony or breach of the Kings peace this privilege extends not Now privileges are things contrary to law or at least they serve as a dispensation against law intended originally for the better expediting of the Kings businesse or som publik service Nor could the House of Commons punish any for breach of this their privilege till they had conferr'd with the Lords and till the punishment had been referred by them to the Commons there is a notable example hereof in the 33. of Henry the eight George Ferrers the Kings servant and Burgesse of Plymouth going to Parliament was arrested by process out of the Kings Bench for debt which being signified to Sir Thomas Moyl then Speaker the Sargeant that attended the House was sent to the Counter to demand Ferres the Officers of the Counter refuse to deliver him anâ— giving the Sergeant ill language a scuâ—â—â— happened the Sheriff of London being sent for took part with the Counteâ—â— and so the Sergeant
could England but be in apparent danger considering how all her Neighbours about her were in actual hostility which made huge Fleets of men of War both French Dunkerkers Haâ—burgers and Hollanders to appear ever and anon in her channel and hard before her Royal Chambers He declared further that not one peny of that publique contribution came to his private Coffers or was given to any favorite but he added much of his own treasure for the maintenance of a Royal Fleet abroad every Summer yet he was ready to passe any Bill for the abolishing of the said Ship-money and redressing of any grievance besides provided his Parliament would enable him to suppress and chastse the Scot Some say the House was inclinable to comply with the King but as the ill spirit would have it that Parliament was suddenly broke up and it had been better for him that they who gave him that counsel had been then in Arabia or beyond the Line in their way to Madagascar yet those men were of high request in the Long Parliament afterwards being The King reduced to such streights and resenting still the insolence of the Scot proposed the business to his Privy Council who suddenly made a considerable sum for his supply whereunto divers of his domestick servâ—nâ—s did contribute Among others who were active herein the Earl of Strafford bestirred himselfe notably who having got a Parliament to be called in Ireland went over and with incredible celerity raised 8000. men and procured money of the Parliament there to maintain them An Army was also levied here which marched to the North and there fed upon the Kings pay a whole Summer The Scot was not idle all this while but having punctual intelligence of every thing that passed at Court as far as what was debated in the Cabinet Council or spoken of in the Bed-chamber where of the six grooms five were Scots which was a great advantage unto him He armed also and preferring to make England the Stage of the War rather then his own Country and to invade rather then to be invaded he got ore the Tweed where he found the passage open and as it were made for him all the way till he come to the River of Tine And though there was a considerable English army of horse and foot at Newcastle yet they never offered to face the Scot all the while At Newburg there was indeed a small skirmish but the English foot would not fight so Newcastle Gates flew open to the Scot without any resistance at all where 't is thought he had more friends then foes for all Presbyterians were his confederates The King being advanc'd as far as York summon'd all his Nobles to appear and advise with in this Exigence Commissioners were appointed on both sides who met at Rippon and how the hearts and courage of some English Barons did boil within their breasts to be brought to so disadvantagious Treaty with the Scot you may well imagine So the Treaty began which the Scot would not conform himself unto unlesse he were first made Rectus in Curâ—a and the Proclamation wherein he was call'd Traitor revoked alledging how dishonourable it would be for his Majesty to treat with Rebels This Treaty was then adjourn'd to Londoâ— where the late long Parliament was summon'd Polyander Truly Sir I must tell you that to my knowledge those unhappy traverses with the Scots made the English suffer much abroad in point of National repute But in this last expedition of the Scot England may be said to have been bought and sold considering what a party he had here in Court and country specially in the City of London Therefore his coming in then may be call'd rather as Invitation then an Invasion Philanglus The Scot having thus got quietly into a Town he never took and nested himself in Newcastle Our late long long Parliament began at Westminster Being conven'd the King told them that he was resolved to cast himself and his affairs wholly upon the affection and dâ—lity of his people whereof they were the Representatives Therefore he wished them to go roundly on to close up the Ruptures that werâ— made by that infortunate War and that the two Armies one English the other forraign which were gnawing the very bowels of the Kingdom might be both dismissed Touching grievances of al natures he was ready to redress them concerning the Shipmony he was willing to passe a law for the utter abolition of it and to cancâ—l all the enrollments therefore he wish'd them not to spend much time about that For Monopolies he desired to have a List of them and he would damn them all in one Proclamation Touching ill Counsellours either in White-Hall or Westminster-Hall either in Church or State hee was resolved to protect none Therefore he desired that all jealousies and misunderstandings might vanish and so concluded with this caution That they would be carefull how they shook and dâ—â—jointed the frame of an old setled Government too much in regard 't was like a Watch which being put asunder can never be made up again if the least pin be left out Thus at the beginning of the Parliament there were great hopes of Fair weather after that cold Northern storm and that we should be rid of the Scot but that was least intended till some designs were brought about The Earl of Strafford the Arch-Bishop of Canterbury the Judges and divers other are clapp'd up and the Lord Keeper Finch took a timely flight t'other side of the Sea And in lieu of these the Bishop of Lincoln is inlarged Bastwâ—ck Burton and Pryn who were strong Presbyterians were brought into London with a kind of Hosanna Polyander It is possible that the lenity of the King should be such as to yeeld to all this Philanglus Yes and to comply further with them he took as it were into his bosom I mean he admitted to his Privy Council such Parliament Lords who were held the greatest Zealots among them The Lord Say was made Master of the Court of Wards the Earl of Essex Lord Chamberlain Moreover to give a further evidence how firmly he was rooted in his Religion and how much he desired the strengthning of it abroad the Treaty of marriage went on 'twixt his eldest daughter and the Prince of Orange Hereunto may be added as a special Argument of compliance the passing of the Bill for a Triennial Parliament and lastly he was brought to passe the Act of Continuance which prov'd so fatal unto him Polyander Touching the Triennial Parliament I heard of a Prophetick mistake that came from a Lady of honour who sending news that time to the Country did write that the King had passed a Bill for a Tyrannical Parliament whereas she should have said Triennial And touching the Act of Continuance or perpetual Parliament I heard a tale of Archy the fool who being asked whether the King did well in passing that Bill answered that he knew not whether the King
was the greater Fool to grant it or they the greater knaves to ask it But the saying of the late Earl of Dorset is remarkable who saluted the King the next morning with the stile of fellow Subject in regard that by that grant he had transferred both Crown Sword and Scepter to the Parliament for now we may say that England hath four hundred and odd Kings in her But t is observed that Princes of a hard destiny do follow the worst Councils But Sir in lieu of these monstrous Acts of Grace and trust what did the Parliament all this while for the King Philanglus 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 which promise they voted and confirmed with the deepest protests and asseverations that could be Adde hereunto that the Earl of Strafford was passed over unto them who after a long costly tryal was condemned to the Scaffold and so made a Sacrifice to the Scot and them who stayed chiefly for his head Polyander Touching the Earl of Strafford 't is true he was full of ability courage and Elocution yet I heard his wisdom questioned beyond Sea in divers things First that having a charge ready against his chiefest Accusers yet he suffered them to take the start of him and have priority of suit which if he had got he had thereby made them parties and so incapable to proceed against him Secondly that during the time of his tryal he applyed not himselfe with that compliance to his Jury as well as to his Judges for he was observed to comply only with the Lords and slight the House of Commons Lastly that knowing he had both Parliament and Scot his enemies as also the Irish he would not go aside a while and get beyond Sea which he might have easily done from York in lieu of coming up to London Philanglus I beleeve his death was resolved upon before his comming from York if not by ordinary way of justice yet by way of publique expedience which appears in regard the proceedings against him was by a clause in the Act not to be produced for a leading case for example to future ages and other inferior Courts Good Lord how the rabble of the City thirsted after his death who were connived at and countenanced by the Parliament it selfe to strut up and down both before White Hall and Westminster Hall where they cryed out that if the Common Law failed Club Law should knock him down nay their insolency was permitted to swell so high that they demanded the names of those Lords who would not doom Strafford to death Polyander Is it possible that the grave and solemne high Court of Parliament should permit such popular insolencies to be committed before their faces Philanglus Yes and notwithstanding that the Lords did often solicit the House of Commons to take a course for suppressing them yet 't was not hearkened unto nay when the King had commanded a double guard of Constables and Watch-men which is the usual way by law to attend at Westminster Hall for suppression of such disorders the Commons cryed out that it was a breach of the privileges of the House and a trenching upon their liberties so they took afterwards a band of Souldiers to guard them of their own election which was never known before Polyander Me thinks that the Earl of Strafford being gone fair weather should have followed he was the cause of the tempest being thus thrown over board Philanglus 'T is true the Scots were dismissed a little after having Fidlers fare Meat Drink and Money for eleven Months together in England with Straffords head to boot So the King prepared to go for Scotland according to Articles to hold a Parliament there This fill'd the house of Commons with odd kind of jealousie therefore they cast about how to prevent the journey so they did beat their brains night and day about it so far that they sate upon Sunday in debate but with another proviso that it should not be made a Precident for future ages as the other Caveat was for their proceedings against the Earl of Strafford Well the King went to his Scots Parliament where he fill'd every blank for they did but ask and have He granted them what possibly they could propone in point of governing both for Kirk and State many received new honors they made havock and divided all the Bishops Lands amongst them for all which unparallel'd Concessions and Acts of grace as an argument of gratitude they caused an Act though already in force to be publish'd and reviv'd That it should be detestable and damnable treason in the highest degree that could be for any of the Scots Nation conjunctly or singly to levy Arms or any Military forces upon any pretext whatsoever without the Kings royal Commission but how the Scot observed this solemn Act afterwards the World knows too well During the Kings being in Scotland that formidable hideous Rebellion in Ireland broke out which the Irish impute to the English Parl. First in regard that one of their accusations against Strafford was that he used the Papists in that Kingdom too favourably Secondly for the rigorous proceedings intended by the said Parliament against the English Catholicks Thirdly for design the English Parliament had to bring the â—utch and the Scot to plant in Ireland the last of whom the Irish do hate in perfection above all other Nation and Lastly the stopping of that Irish Regiment of cashiered Souldiers which the King promised by Royal Word and Letter to the King of Spain who relying upon that imploiment which was denied them by order from the English Parliament rather then to begg steal or starve they turned Rebels Polyander Indeed I heard that Act of staying the Irish forces much censur'd abroad to the dishonour of the King of England and reproach of the Parliament considering hoâ— the Marquis de Velada and Malvezzi and Don Alonzo de Cardenas who were all three Ambassadours here for the King of Spain at that time having by dependance upon the sacred word and Letter of a King imprested money and provided shipping for their transport which came to a great charge but I pray be pleased to proceed Philanglus The King having setled Scotland was his return to London received with much joy but though he was brought with a kind of Hosanna into one end of the Town he found a Crucifige at the other for at Westminster there was a Remonstrance fram'd a work of many weeks and voted in the dead of night when most of the moderate and well-minded members were retir'd to their rest in which remonstrance with as much industry and artifice as could be all the old moats in government were expos'd to publick view from the first day of the Kings inauguration to that very hour Polyander How could this agree with the Protestation the House did make formerly
to the King to make him the best beloved that ever was I thought that before his going to Scotland he had redress'd all grievances by those Acts of Grace you spoke of before Philanglus So he had and he rested not there but complid further with the house by condescending to an Act for putting down the Star Chamber Court the High Commission Court the Court of Honor nay he was contented that his Privy Councel shouâ—d be regulated and his Forests bounded not according to ancient Prerogative but late custom nay further he passed a Bill for the unvoting and utter exclusion of the spiritual Lords from the Parliament for ever Add hereunto that having placed two worthy Gentlemen Lievâ—enants of the Tower he remov'd them one after another to content the House and put in one of their election Lastly he trusted them with his Navy Royal and call'd home at their motion Sir I. Pennington who had then the guard of the narrow Seas Polyander I never remember to have heard or read of such notable Concessions from any King but how came the Bishops to be so tumbled out Philanglus The City rabble were still conniv'd at to be about Westminster Hall where they offered some out-rages to the Bishops as they went into the House hereupon they presented a Petition to the King and Parliament that they might be secur'd to repair thither to discharge their duties according to the Laws of the Land In which Petition there was a protest or Caveat that no Act should passe or be valid without them This Petition both for matter and form was much excepted against and cried up to be high Treason so twelve of the old Bishops were hurried to the Tower but some of the knowingest Lawyers being considered withall whether this was Treason in the Bishops or no they answered that it might be called Adultery as much as Treason so after many moneths imprisonment the charge of Treason being declin'd against them they were releas'd in the morning but coop'd up again in the afternoon then they were restored to a conditional liberty touching their persons but to be eternalâ—y excluded out of the house which made one of them in a kind of Prophetick way to tell one of the Temporalâ—Peers my Lord you see how we are voted out of the House and the next turn will be yours which proved true Polyander I remember when I was at York a Gentleman shewed me a fair old manuscript of some things passed in Henry the eighths time and one passage among the rest sticks in my memory how Cardinal Wolsey being sick at Leicâ—ster the King sent Sir Joâ—n Kingston to comfort him to whom he answered Oh! Sir John 't is too late to receive any earthly comfort but remember my most humble allegeance to the King and tell him this story from a dying man The Bohemians repining at the Hierarchy of the Church put down Bishops but what followed then the Comunalty insulted over the Nobility and afterwards the King himself was depoâ—â—d so the government grew a while to be meerly popular but then it turned from a Successive to be an Elective Kingdom This said he will be the fate of Eng. unless the King bear up the reverence â—ue to the Church and so I pray God that his Majesty may find more mercy at the tribunal of Heaven then I have upon the Earth But pray Sir be pleas'd to proceed Philanglus The Parliament having the Navy at their disposing which they found to be in a good equipage gramercy Ship money and having chosen the Earl of Warwick Commander in Chief notwithstanding the King excepted against him They demand all the Land Souldiers and Military strength of the Kingdom to be managed by them and to be put in what posture and under what Commanders they pleased But the King answered that he would consider of this and it was the first thing that he ever denied them yet at last he was contented to grant them this also for a limitted time but that would not serve the turn Hereupon growing sensible how they inched every day more and more upon the Royal Preroâ—ative He thought 't was high time for him to look to himself And intending with some of his menial servants onely to go to Hull to see a Magazin of ammunition which he had bought with his own treasure he was in a hostile manner kept out the Gates shut Cannons mounted Pistols cocked and levelled at him and there the Kings party said the war first began Polyander A hard destiny it was for a King to lose the love of his subjects in that manner and to fall a clashing with his great Council but under favour that demand of the Militia was somewhat too high for every natural Prince and supream Governour hath an inherent and inalienable right in the common strength of the Country for though the peoples love be a good Cittadel yet there must be a concurrence of some outward visible force besides which no Earthly power may dispose of without his command and for him to transmit this power to any other specially to any that he mistrusts is the onely way to render him inglorious unsafe and despicable both at home and abroad you know in the Fable when the Lion parted with his paws and the Eagle with her talons how contemptible the one grew among all beasts and the other among birds The Scepter and the Crown are but bables without a sword to support them There 's none so simple as to think ther 's meant hereby an ordinary single sword such as every one carrieth at his side no t is the publique Polemical sword of the whole Kingdom 't is an aggregative compound sword and 't is moulded of Bellmettle for 't is made up of all the Ammunition and Arms small and great of all the Military strength both by Land and Sea of all the Forts Castles and tenable places within and without the whole Country The Kings of England have had this sword by vertue of their Royal Signory as the Law faith from all times the Prerogative hath girded it to their sides they have employed it for repelling of forraign force for revenging of all National wrongs or affronts for quelling all intestine tumults The people were never capable of this sword the sundamental constitutions of this Land deny 〈◊〉 them 'T is all one to put a sword in a mad mans hand as in the peoples Now under favor the Supream Governor cannot transfer this sword to any other for that were to desert the protection of his people which is point blank against his oath and office but I crave your pardon again that I have detained you so long from the pursuit of your former discourse Philanglus The King being so shut out of one Town I mean Kingston upon Hull he might suspect that an attempt might be made to shut him in within some other Therefore be made a motion to the York-shire Gentlemen to have a guard for the
but how was it possible for the King to subsist so long considering the mighty advantages the Parliament had of him Philanglus There were mighty advantages indeed For they had all the tenable places and Towns of strength both by Land and Sea They had all the Navy Royal They had the Tower of London with all the Ammunition and Arms of the Crown They had the Imposts and Customs Poundage and Tonnage they had the Exchequer at their devotion with the Revenues of King Queen and Prince They had the City of London which may be called the great Magazin of men and money where there is a ready supply of all things that may feed cloath or make them gay and gallant to put them in heart and resolution Polyander Then they had Sea City and Scot on their side But how came the Scot to be so against the King or to levy Armes without his Commission considering the late great Protestations and Oaths they had made not to do it by reviving the Act of Parliament to that effect which they said they did in recognition of those Royal recent favours and unparalleld mighty Concessions and Acts of grace which he had done them by their own Confessions Philanglus They were indeed mighty or rather monstrous Acts of grace that he had passed unto them which did so trench upon the Royal Prerogative and so deâ—ude him of all power that it mought have been said of him ever after that he was King of Scotland no otherwise then he was King of France titular only Polyander How did the Scots expresse their thankfulnesse to their King and Country-man afterwards for such transcedant favours Philanglus They proved the greatest Monsters of Ingratitude of any upon earth specially the Kirk-men whom he had obliged in an extraordinary manner For the King being informed of the mean condition of Church-men in that Kingdom who by their holy function have a care of the noblest part of man and being told what poor pittances or rather benevolences oneâ—y they had and for those also how they depended upon the will and pleasure of the Laic By a special Commission to that purpose he found a way not onely to augment but to ascertain those Salaries of Church Ministers upon good firm rent whereby they might be free from that servile kind of Clientele and Dependency they had upon their secular Patrons Polyander Questionlesse this was a mighty general advantage to the Clergy of Scotland both in point of esteem and subsistence but what returns did these royal favours receive Philanglus Those foolish Kirk men grew afterwards his greatest enemies by virulent seditious Preachments and Pasquils to corrupt and lessen the hearts of the Subjects towards him nay when he made himself a Prisoner to the Scots Army at Newark and Newcastle those Kirk-men did so little resent his hard condition that they did Preach up and down against his comming to Scotland c. Moreover Whereas The common sort of Freeholders who were bound to pay Tithes to the Impropriation or Lords of the Erection as they stil'd themselves were us'd to be much incommoded and oftentimes damnified because they could not take in their Corn till the secular Lord had fetched away his Tithe which he would sometimes delay of purpose to shew his Passion or Power whereby the whole Crop for not taking the advantage of the weather oft-times did suffer The King for relief of the Country Husbandman appointed certain Commissioners to take this grievance into consideration who after much pains taken in the businesse found out a legal and indifferent way to purchase those Tithes and bring the Impropriator to take a pecuniary set valuable Rent which was also an advantage to Him in regard of the certainty of it Polyander It was doubtlesse an advantage to both parties but how did they carry themselves towards the King afterwards Philanglus Just as the Kirk-men did But you shall hear more when the King as I told you before had in a full Parliament confirm'd unto the Scot all the priviledges of Kirk and Kingdom when he had made an oblation to them of all the Bishops Lands conferred many honours and offices and done them many other obliging Acts of Grace and all this gratis the English Parliaments using alwaies to answer their Kings favours in this kind with a supply of Treasure I say in having done all this gratis He before his departure desired them to continue their allegiance and live in peace for they had not now the least grievance to complain of and if any difference should fall out betwixt him and his English Subjects which he hoped God would avert He desir'd them not to intermeddle for whereas he might expect and demand aid of them if the case requir'd yet he would not trouble the repose of that his Native Countrey This they all did not onely promise to do but they did solemnly oblige their Souls thereunto by revival of the Act I told you of before at the publishing whereof one of their Grandees fell on his knees and lifting up both his Arms wish'd they might rot to his body before death if ever he would heave them up hereafter or draw sword against his gid King yet for all this they intruded themselves into the Kings affairs convok'd a Parliament without his summons sent Commissioners to Oxford and thrust themselves to be Vmpires They made besides a strict League with the English Parliament and at last rush'd into England again with an Army in the dead of Winter which Army they had levied not onely without but expresly against the Kings Commission and Countermands that wretch who had publickly vowed never to draw Sword again without his Majesties Commission c. comming General of the said Army But for Martial exploits the little credit that Army got by storming Newcastle was not countervailable to that which they lost before Hereford where the Welchmen bang'd them to some purpose from before the Town and made their General after 9 weeks siege to trusse up his pack and away sending him a fat Sow with a Litter of Piggs after her and a blew Bonnet upon her head for his Breakfast I must inform you farther that the King being reduced to much extremity in Oxford by crosse successes and Councils he got away in a Serving-mans disguise to the Scots Army neer Newark as his last refuge which plot was managed by the subtilety of the French Agent then residing here A man would have thought that Nation would have deemed it an eternal honour to have their own King and Country man to throw himselfe thus into their Armes and repose so singular a confidence in them upon such an exigent But they corresponded not with him as he expacted For though at first when the English Parliament sollicited their Dear Brethren for a delivery of the Kings Person unto them their note was then that if any stranger Prince had put himselfe so upon them they could not with honour deliver him
simple deniall that one believes there are no such and such things but he must swear positively and point blank there are no such things at all Now though I am not of the same opinion with Copernicus that the Earth moves and the Sun stands still yet I wâ—ld be loth to swear either the one or the other Polyander I observe that this Oath hath a double edg for either it must wronâ— oâ—e's Conscience or ruine his fortunes besides he is condemn'd without either Accuser or Witness the party himself must be both against himself and what can be more repugnant to nature Philanglus It is not only opposit to the Law of Nature but the Common Law of England doth so abhor that any shold accuse and condemn himself that there were extraordinary provisions made against it by our Progenitors Therefore if any had bin cited in the Spirituall Court to accuse himself pro salute animae a Prohibition lay at the Common Law to stop and supersede their proceedings All which is humbly left to the consideration of the present Government Polyander I infer out of this that if the Presbyterian had established himself he had proved the ugliest tyrant that ever was on Gods Earth if you relate to Soul Body or goods in lieu of 26 Bishops we should have had nine thousand and odd Popâ—s who would have delivered us over tâ— Satan ever and anon and puzzeled us with their Parochial Congregational and National Classes But I cannot wonder enough that the House of Commons shold so busy themselves so much and undertake to frame and impose new Oaths when by the Law of the Land they hadâ— or â—ower as much as to administer an old Oath to the meanest Subject And touching that Câ—venaâ—t what could be more opposit unto their former Oath for therein they offered their Souls to preserve that Râ—ligion which was established by the Laws of â—ngland and in the Covenant they bind themâ—elves to conserve that which was established by the Laws of Scotland and to that purpose they may be said to offer to God for their security to Saâ—an Moreover those Demogogs or popular Dagons though they were so forward to constrain all other of their fellow Subjects to take and swallow up any Oaths yet two parts of three among themselves did not take them as I have been often told But Sir now that you have been pleased to inform me of their carriage in Spirituall things how did they comport themselves in Civill matters after they had monopolized unto themselves all power by the Act of Continuance Philâ—nglus First I must tell you that touching that monstrous Act the soundest Lawyers of the Kingdome were of opinion that it was of no validity that it was void in it self in regard that what grants or concessions soever the King makes the Law presupposeth they are alwayes made with these Proviso's Saâ—vo jâ—re Regio salvo jure Coronae now it was impossible that any grant could possibly trench more upon the Right of the King or Crown as that extravagant Act of Continuance therefore it was nâ—l in its own nature at the first nay as some affirmed the very Proposall of it was Treson in a high degree But having hooked the power thus into their hands they strained it up to the highest pitch that could be They made themselves Land-Lords of al the three Kingdoms it was a common thing to take any man house over his head and make use of it for their service They meddled with every thing so far that scarce a Church-warden or Vestry-man could be made without them they would have a hand in making common Counsel men and Constables with other petty Officers Polyander Me thinks that was somewhat derogatory to the supremacy of their power for great Counsels should not descend to every petty object but with their high authority they should enlarge their souls to consider of Universals Philanglus I could produce many Instances how they undervalued themselves this way but let this one suffice It happened one day that a company of ramping wenches who went under the name of Mayds or Holy Sisters came with a Remonstrance to shew their affections to the House and they were headed by Mrs. Ann Stagg who was to deliver the Remonstrance hereupon a choise member was voted to go to Mrs. Ann Staggs lodging to thank her and the râ—st of the maydens for their good affections to the Parliament c. But to be more serious with you touching civill matters whereof you gave a touch before there was nothing so Common in those times as a châ—rgâ— without an Accuser a sentence wâ—thout a Juâ—ge and condâ—mnation without hearing How many were outed of their freeholds liberty and livelihoods before any examination much leâ—se conviction how many appeals were made from solemne tribunalls of Justice to inferior Committes how common a thing was it to make an order of theirs to control aâ—d suspend the very fundamental Laws of the Land Polyander But this was in the brunt of the War which the King did necessitate them unto as he acknowledged in the Treaty at the Isle of Wight Philanglus 'T is true he did so but he did it upon two weighty considerations and as it had reference to two eâ—ds first to smoothen things thereby and pave the way to a happy peace Secondly that it might conduce to the further security of the two Houses of Parliament with their Adherents Besides he did it when the Razor was as it were at his throat when there was an Army of above 30000 effect if Horse and foot that were in â—otion against him Then this Acknowledgment was made with these two proviso's and reservations First that it shold be of no vertu and validity at all till the whole Treaty were totally consummated Secondly that he might when he pleased enlarge and cleer the truth hereof with the reservedness of his meaning by publique Declaration Moreover That Grant or Acknowledgment was but a preambular proposition it was not of the Essence of the Treaty it self Now as the Philosophers and School-men tell us there is no valid proof can be drawn out of Proems 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 Laws of England as also in all civill accusations and charges fore-running Prefaces which commonly weak causes most want are not pleadable And though they use to be first in place like Gentlemen Ushers yet are they last in dignity and shold also be so in framings Therefore there was too much hast used by the Parliament to draw that Hypâ—thetic Provisional concession to the form of an Act so suddenly before the Treaty it self was fully concluded Polyander But who was the first Aggressor of that ugly War the King or the Parliament Philanglus I will not presume to determin that only I will inform you that the Parliament took the first Military gard
they first interdicted trade They countenanced all tumultuous Riots gave way to Club-law and They kept the King by force out of Hull issued Commissions for Horse brought in foren force and had a compleat Army in motion a good while before the Royall Standard was set up Polyander I remember a witty Motto that the last French Cardinal caused to be engraven upon the brich of some new Canons which were cast in the Arsenall at Paris it was KATIO ULTIMA REGUM Viz. That the Canon was the last reason of Kings But whether this Motto may fit Subjects I will not now dispute But sure the King was ill advised so to rush into a War considering what infinite advantages the Houses had of him for as you say'd before they had the Sea the Scot and the City on their side and the King had no Confederate at all at home or abroad I am sure he had no friend abroad that one might say was a true friend unto him unless it was the Prince of Oraâ—â—e in regard he had disobliged all other Princes For you know as soon as he came to the Crown he rushed into a War with the King of Spain and in lieu of making him his Brother in â—awâ—e made him his foe which stuck still in his stomach as also thâ—â— he had given so fair a reception to the Ambassadors of Don Juan de Braganza now King of Portugâ—ll A little after he broke with the Frâ—nch King Notwithstanding that he had his Sister every night in his Arms The Hollandâ—rs gave out that he had appeard more for the Sâ—aniard than Them in that great fight with Doâ— Antonâ—o d'Oquâ—ndâ— and that he suffer'd his own ships and others to convey the King of Spains mony to Dunkerke He was ingag'd to his Oncâ—e the K. of Deâ—mark in great old sâ—mâ— whereof there was little care taken to give satisfaction the Iriâ—h cryed out They had bin oppressed The Swed observed that he was more for the House of Austria than for Gustavus Adolphus And at home I have been told that the Irish cryed out he had bin oppressed And the Scot whom he had obliged most of any by such Mountains of favours with divers of his own Creatures and domestic bosome servants whom he had engaged most started aside from him like a broken bow so that all things did co-operat and conspir'd as it were to make him a hard-Fated Prince and to usher in a Revolution Philanglus Yet I heard that all Princes were very sensible of his fall Polyander T' is true they did must resent it at first yet they were affected rather with â—stonishment then sorrow And touching the Roman Catholique Princes they did afterwards rejoyce at it considering what a blemish the manner of his death brought upon the Reformed Religion but Sir I pray be pleased to proceed Philanglus The Sophies or Gran signo'rs of the Common-wealth whereof we spoke before scrued up their authority every day higher and higher They declare that an Ornance of Parliament without the Royal assent is equivalent to an Act They declare that not onely the consultative ministerial and directive power is in them but also the Judicatory Despotical and Legislative highest power is inherent in the Walls of their two Houses That their power is also Arbitrary Vbiquitary and incontrolable That they are not subject to Dissolution or Time being the eternal and irrevocable Trustees of the Commonwealth with such Rodomontado's which made one to think that a Mid-summer Moon had got betwixt them and therefore thought this Anagram a very fit one to be set upon the dore of the House with the distic annexed Parliamentum Lar Amentium Fronte rogas isto P. cur Anagrammate non sit In promptu causa est Principem abesse scias Polyander They who have pryed into the true humour of a Portuguez have observ'd that He useth to act more according to what hee thinks himself to be then what he really is It seems that these Parliamenteers were possess'd and puffed up with the same humour But if the supream power were in an Assembly when that Assembly is risen I wonder what 's become of the power sure it must rest in the air or sticking to the Walls of the Chamber where they breath'd Now Sir touching long Parliaments I am of opinion it is the greatest and generallest grievance that can be possibly to the English people by reason that besides other irregularities it stops the ordinary course of Law in regard of the priviledge they have not to be subject to arrest with others to whom they give protection now not one in four of that long Parliament men but ow'd money and what use Sir Peter T and others made of that priviledge to the detriment of a thousand poor Creditors is too well known And were such men think you fit to keep the Kingdomes Purse in their Pockets so long but having got the Great Seal as well as the Sword into their hands what signal Acts of Justice did they do Philanglus 'T is true they had got the Seal and Sword which the Law of England doth appropriate to the chiefest Magistrate the one should be girt onely to his side and the other hang at his Girdle And it was told them to their faces by the knowingest Members in the House that to cut a broad Seale of England was the highest reason that possibly could be attempted without the assent of the Governor in chief Now Sir touching any signal Act of Justice they ever did I am to seek to this day but for horrid acts and passages of in justice I think there could be produced a thousand clear and yet crying examples which would make a greater volume then the Book of Martyrs I mean Acts that were done before the wars begun and after it was ended which takes away the specious colour of necessity wherewith they varnished all their excesses and actions I will instance onely in two for this was intended for a short discourse not for a story viz. The business of the Lord Craven and Sir John Stawel the first a personage who is a great ornament to this Nation by his gallant comportments beyond the Seas the other one of the considerablest Knights in the whole Country Touching the Lord Craven he went with consent of Parliament to his charge in the Low Countries not onely before the War but before any discontentment happened at all 'twixt King and Parliament and being attenâ—ing his said military charge at Breda when the King of Scots came thither and the Queen of Bohemia being also there he could not avoid seeing them sometimes nor was there any Order or Act of Parliament to prohibit any body from doing so but for intermedling with any affairs of State or mixing with the Scots Council he never did it At that time there happened to be in Breda many cashiered English Officers and among them one Faulkner who having a Petition drawn and written all with his own
duty to study the welfare to complain of the grievances and havâ— the defects supplyed of that place foâ— which he served The Bourgesse of 〈◊〉 studied to find out something that moughâ— have aduanced the trade of Fishing He 〈◊〉 Norwich what mought have advantage the making of Stuffs He of Rye what might preserve their Harbour from being choaked up with shelfs of sands He of Taverston what might have further'd the manufacture of Kersies He of Suffolk what conduced to the benefit of cloathing the Burgesses of Cornwal what belong'd to their Stanneries and in doing this they thought to have complyed with the obligation and discharg'd the conscience of honest men without soaring to things above their reach and roving at random to treat of Universals to pry into Arcana Imperii and bring Religion to the Bar the one belonging to the chief Governour and his intern Councel of State the other to Divines who according to the erymology of the Word use to be conversant and imploy their Talent in the exercise and speculations of holy and heavenly things Polyander I am clearly of your opinion touching the two last particulars for Secrecy being the Soul of Policy matters of State should be communicated to the cognizance and deliberations of few viz. the Governor in Chief and his Privy Councel And touching Religion I do not see humbly under favour how it may quadrat with the calling of Laymen to determine matters of Divinity and discusse points of Faith But though the establishment of the House of Commons be a wholesome thing in it self I heard it censur'd beyond the Sea that there is a great incongruity in one particular which is thaâ— the Burgesses are more in number then the Knights of Shires for the Knights 〈◊〉 Shires are commonly Gentlemen weâ— born and bred and divers of them verseâ— in forraign governments as well as the Lawâ— of the Land But the Burgesses of Townâ— are for the most part all Trades-men and being bred in Corporations they are more inclining to popular governmenâ— and democracy Now these exceeding thâ—Knights in number carry all before then by plurality of voices and so puzzle the proceedings of matters But now thaâ— I have mentioned Corporations I must 〈◊〉 you that the greatest soloecism in the policâ— of this State is the number of them specially this monstrous City which is composed of nothing else but Corporations which smell ranck of little Republiques 〈◊〉 Hanses and it was a great errour in the last two Kings to suffer this Town to spreaâ— her wings so wide for she bears no proportion with the bignesse of the Island but may fit a Kingdom thrice as spacious she ingrosseth and dreins all the wealth of the Land so that I cannot compare England more properly then to a Cremona Goose in Italy where they have a way to fatten onely the heart of the Goose but in doing so they make the rest of the whole body grow leanand lank And as it was an errour so to suffer her to Monopolize the trade and riches of the land so it was in letting her gather so much strength in exercise of arms by suffering her to have such an Artillery garden and Military yard which makes me think on a speech of Count Gondamar the Spanish Embassadour who being invited by the King to see a Muster of the Citizens in St. Jame's Fields after they were gone he was ask'd by the King how hee lik'd his Citizens of Londons Truly Sir said he I have seen a company of goodly able men with great store of good arms but Sir I fear that these men will do you a mischief one day for the conceit wherewith they may be puffed up for the knowledge they have in handling their Arms may heighten their spirits too much and make them insolent My Master the King of Spain though there breaths in his Court well neer as many Souls as there are in London and though he be in perpetual War with some or other yet iâ— his Court he is so peaceable that one shall see no sign of War at all hee suffers not any armed men to strut under his nose there is neither Artillery Garden or Military yard there at all but onely a feâ— Partisians that guard his body therefore as I said before these men may do you Majesty an ill turn one day and whether Gondamar was a Prophet herein or no judge you But I pray Sir be pleased to dispense with me for these interruptions give to your former discourse touching Parliaments Philanglus Having formerly spoken something of the Original duty and power of the Great Councel of the Kingdom with the Primitive institution of the House of Commons I will proceed now to that grand question Where the Supream Legislative Power resides Certainly if we examine the Writs of Summons for both Houses with the Bodies and Titles of our ancient Acts of Parliament we shall find the Supremacy and power of making Laws to rest in the King or Governour in chief Now when the Parliament is stiled the Supream Court it must be understood properly of the King sitting in the house of Peers in person and but improperly of the Lords without him It is granted that the consultative directive or deliberativâ— paâ—er is in the House of Peers the performing and consenting power in the house of Commons but the Legislative powers lodgeth in the person of the King for Parliaments are but his productions they derive their being from the breath of his Writs He as Sir Edward Cook doth positively affirm is Capâ—t Principum finis He is the head he is the beginning and ending the Alpha and Omega of Parliaments Polâ—ander But some affirm that the legislative power is in the two Houses and that they are above the King Philanglus The difference 'twixt the King or Supream Magistrate and the Parliament is this that the one represents God the other the people 'T is true as I said before the consultative power is in Parliament and 't is but by the Kings permission the commanding power resides stil in the chief Governor and is inseparable from him the results and productions of Parliament at best are but Bills 't is the Kings breath makes them Laws till then they are but dead things they are like matches unfired 't is the King that gives life and light unto them The Lords advise the Commons consenâ— but the King ordains they mould the Bills but the King makes them Laws therefore they are ever after called the Kings Laws the Kings Judgments The Lords c. have the Indicatif part but the King the Imperatif the liberties also of the people flow all from him for Magna Charta begins thus Henry by the grace of God Know ye that We of our meer and free will have given these liberties in the self same stile runs Charta de foresta The Statute of Marlborough 52. Henry the third runs thus The King hath made these Acts Ordinances and Statutes which
charg'd the Clerk of the Parliament that this Protestation should be entred upon record in the Parliament roll This the King made known to them by the Lord Say and his Secretary who told them that Our Lord the King neither of due nor custom ought to grant any Lords to enter into communication with them of matters tâ—uching the Parliament but by his special grace at this time he granted their request in this parâ—icular And the said Steward and Secretary brought the King word back from the Commons That they knew well they could not have any such Lords to commune with them of any businesse of Parliament without special grace and command from the King himself Polyander But it is not the priviledge of Parliament to examine misdemeanours of Juridical Courts and Officers of State according to Lex Repetundarum Philanglus This cannot be called properly a priviledge for there is not the meanest subject but hath liberty on just cause to question any Court or Officer if he suffer by them yet it hath been esteemed a great favour from the Prince to permit such examinations for we read that when the Lords were displeased with the greatnesse of Piers Gaveston 't is said that in the next Parliament The whole Assembly obtained leave of the King to draw Articles of their grievances which they did two whereof were That all strangers should be banish'd the Kingdom whereof Gaveston was one The second was that businesses of State should be treated by the Clergy and Nobles Polyander Though the cognizance and debatings of great affairs of State belong to the high Court of Parliament yet I have read that oftentimes the Lords have transmitted such businesses to the Kings Privy Council Philanglus 'T is a great truth and many instances might be produced for proof thereof among others when one Mortimer who stiled himself Captain Mendall otherwise called Jack Cade came with the rabble of the vulgar with a Petition to the lower House the Commons sent it up to the Lords and the Lords transmitted it to the Kings Privy Council to consider of Polyander But the granting of Subsidies is a peculiar priviledge of the House of Commons Philanglus I think not for it is an unquestionable truth that Subsidies were raised and paid before ever the Commons were called to sit in Parliament The great and long Subsidie of Dane-ghelt was without any gift of the Commons or of any Parliament at all as can be proved Henry the third imposed a Subsidie of two Marks in Silver upon every Knight Fee only by the advice of his Councel The words of the King when hee passeth the Bill of Subsidie are observable which are these Le roy remercie ses loyaux Subjects accept lour benevolence aussy ainuâ— le veâ—lt The King thanks his loyal Subjects accepts of their good will and also will have it which last words make the Act of Subsidy a Law to bind every man to the payment of it In so much that the Parliament cannot impose a peny upon the Subject without the King nor can the Free-holders whom they serve invest any such power in them Polyander I finde by the substance of your discourse that not onely all power and grace but all Parliamentary priviledges flow from the concession of the Soveraign Prince and chief Magistrate Philanglus Yes without controversie you know as a Gentleman wittily observes t is an axiom in Philosophy quod dat formami That which gives the form gives the consequence of the form The King by his Writ gives the very essence and form to the Parliament being the production of his breath therefore priviledges which are but consequences of the form must necessarily proceed from him In the 21. of King James a Declaration was sent from New-Market to the Parliament wherein he asserts That most priviledges of Parliament grew from precedents which she wrather a Toleration that an Inheritance thereâ—ore he could not allow of the stile they usâ—d to him câ—lling it their ancient and undoubted Rights and Inheritance but could rather have wished they had said their priviledges were derived from the â—race and Permission of his Ancâ—stors and Himself Thereupon he concludes that He cannot with patience endure his Subjects to use such Antimonarchical words concerning their Libertie except they had subjoyned they were granâ—ed unto them by the grace and favour of his Progenitors yes he promiseth to be careful of whatsoever priviledges they enjoy by long custome and incontrolled lawful precedents At the presentment of the Speaker of the House of Commons to the King upon the first day of Parliament the Speaker in the name and behoof of the Commons humbly craves that his Majesty would be pleased graciously to grant them their accustomed liberties and priviledges which petition of theirs is a fair recognition of the primitive grace and favour of the Soveraign Prince in bestowing of Privilâ—dge and is a shrewd argument against any other title For our Antecessors would not have been so ceremonious nor so full oâ— complement as to beg that of grace which they might have claimed de jure by right Aâ—d the renewing of this Petition at the beginning of every Parliament argues the grant to be but temporary Polyander This was not the doctrine it seems of the late long Parliament whose priviledges flew so high that they â—retopped the â—rerogative for they drew the reins of all rule and reason into their hands and left the Governour in chiefe neither of them And if he chanced to send them any advice or admonition 't was presently cryed up to be breach of pâ—iviledâ—e breach of priviledge But Sir by the sequeâ— of our former discourse I find that the High Coâ—rt or Common Council of this Kingdom was composed at first of Prelates and Peers that Parl. is but a modern word and came in after the Norman Conquest I find also that the Commons came to be made â— House and that Magna Charta and Charta de foresta were not free Spontaneouâ— grants but that they were in a manner extorted from Kings in times of necessity and confusion I find also that the Primitive and ordinary way of Government was the one supream Magistrate alone and his Council of State and when he pleased by the Common Council But now Sir I pray be pleased to acquit your selfe of the promise you did me the favour to make of acquainting me with the proceedings of the late long Parliament Philanglus To do that I will deduce matters from the beginning and to finde them our must look North ward for there the cloud of all our ensuing confusions began to condense first You know Sir the Scots Nation were ever used to have their King personally resident among them and though King James by reason of his Age Bounty and long breeding there with other advantages drew such extraordinary respects from them that they continued in a good conformity all his reign yet after his death they were often
of all the breaches and violations of those Laws may bee given in charge by the chief Iudges to be presented and punished according to Law 12. That all the Judges and all the Officers placed by approbation of Parliament may hold their places quam diu â—e benè gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled without it And that all persons cited by either Court may appear and abide the censure of Parliament 14. That the General pardon offered by your Majesty may be granted with such exceptions as shall be advised of by the Parliament 15. That the Forts and Castles of the Kingdom be put under the command and custody of such as your Majesty shall appoint with the approbation of your great Council and in the interval with the major part of your Privy Council as formerly 16. That the extraordinary guard and military forces now attending your Majesty be removed and discharged and that for the future that you will raise no such Guards or extraordinary forces but according to the Law in case of actual Rebellion or Invasion 17. That your Majesty will be pleased to enter in a more strict league with the Hollanders and other Neighbour Princes and States of the Reformed Religion for the defence and maintenance thereof against all designes and attempts of the Pope and his adherents to subvert and suppress it whereby your Majesty will obtain a great access of strength and reputation and your Subjects much encoâ—raged and enabled in a Parliamentary way for your aid and assistance in restoring the Queen of Bohemia and her Princely issue to those dignities and dominions that belong to them and relieving the other reformed distressed Princes who have suffered in the same cause 18. That your Majesty will be pleased to clear by a Parliamentary Act those Members you have empeached in such a manner that future Parliaments may be secured from the consequence of ill Presiâ—ents 19. That your Majesty will be graciously pleas'd to pass a Bill for restraiâ—ing Peers made hereafâ—en from sitting 〈◊〉 voting in Parliament unless they be admitted thereunto by consent of both Houses And these our humble desires being granted by your Majesty we shall forthwith apply our selves to regulate your present Revenew in such sort as may be to your best advantage and likewise to settle such aâ— ordinary and constant encrease of it as shall be sufficient to support your Royal dignity in honour and plenty beyond the Proportion of any former grants of the Subjects of this Kingdom to your Majesties Royall Predecessors We shall likewise put the Town of Hul into such hands that your Majesty shall appoint with the consent and approbation of Parliament and deliver up a just account of all the Magazine and cheerfully employ the utmost of our endeavors in the real expression and performance of our dutiful and Loyal affections to the preserving and maintaining of the Royal honour greatness and safety of your Majesty and your posterity Polyander How did these Propositions relish they run in a very high strain though the preamble and conclusion breath a great deal of humility and allegeance Philanglus The King received these proposals with a kind of indignation saying that he was worthy to be a King no longer over them if he should stoop so low some alledged that the very propounding of them was Treason in the highest degree for they struck at the very foundation and root of all Royal authority therefore the condescending to them would render him a King of cloâ—â—s and fit to be hooted at by all his Neighbours Polyander The world was much amazed abroad that the Peers should concur in passing such Proposals considering how their honour must stand and fall with the Royal Prerogative well Siâ— on Philanglus You must think Sir that one part of foure of the Lords were not there the rest were with the King who slighting those nineteen Propositions an unluckie number it made the Pulse of the Parliament to beat higher and to publish to the World a new Declaration the substance whereof was That the Parliament hath an absolute power of declaring the Law and whâ—tsoevâ—r they declare is not to be questioned by â—ing Magistrate or Subject That â—n Pâ—â—cedents can bound or limit their proceedings â—at they may dispose of any thing wherâ—iâ— King of Subject hath any rig'tâ—forth publick good wherefore they may be Judâ—es without Royal Assen That none of their Members â—ught to be molested or medled withal for treason felony or any other crime unlesse the cause â— brought bâ—fore them to judge oâ— the fâ—ct That the Sâ—vâ—raign power resides in them That lâ—vying of Warre against the command of the King though his person be present is no lâ—vying of War against the King but the levying of War against his politick person and Laws that is the onely levying War against the King Polyander It was not the first time that this new kind of Metaphysick was found out to abstract the person of the King from his Office and make him have two capacities private and politick for the same Metaphysick was made use of in Edward the seconds Reign but it was exploded and declar'd by Act of Parliament afterwards to be detestable and damnable Treason This were to make Soveraignty by separating it from the person to be a kind of Platonick Idea hovering in the aer to make a King a strange kind of Amphibium to make at the same instant a King and no King of the same Individuum a power which the Casuists affirm God Almighty never assum'd to himself to do any thing that implies contradiction Philanglus The Parliament or rather the Presbyteriaâ— Army for the Presbyters sate then at the Helm increas'd dayly and things being at such a desperate point there were two choice Earls Southampton and Dorset sent from Nottingham with this Pathetick Letter of the Kings to the Parliament WE have with unspeakâ—bl grief of heart long beheld the distraction of this our Kingdom Our very soul is full of anguish until we may find some reâ—â—dy to prevent the miseries which are ready to overwhelm this whole Nation by a civil War And though all our indeavors tâ—nding to the composing of those unhappy differences 'twixt us and our Parliament though pursued by us with all Zeal and Sincerity have been hitherto without the successe we hoped for yet such is our earnest and constant care to preserve the publick peace that we shall not bee discouraged from using any expedient which by the blessing of the God of mercy may lay a firm foundation of peace and happinesse to all our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt us and our great Councel which haply may be prevented by some other way of Treaty wherein the matters in difference may be clearly undâ—rstood and more freely transacted We have thought fit to