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A52767 A second pacquet of advices and animadversions sent to the men of Shaftsbury, occasioned by several seditious pamphlets spread abroad to pervert the people since the publication of the former pacquet. Nedham, Marchamont, 1620-1678. 1677 (1677) Wing N403; ESTC R25503 46,011 78

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Homilies the 39 Articles and her Doctrine as it relates either to God Religion or the Civil obedience due to the King and the whole Government of State and the Security of all these by an Oath of Allegeance If his Lordship thought that the Law allowed either Peers or Commons such a liberty of speech why did he bustle so diligently and briskly as I have been told to promote a Bill not long since against the ancient way of Tryal of Peers Every body then smelt a Rat in the Case and smiled at his Lordships wise Providence and his secret intent of speaking and acting beyond Compass upon the open Stage and therefore I did not wonder when I did read afterwards in the Pamphlet intituled Debates and Arguments for Dissolving this Parliament c. which was reported to be his that his Lordship was very angry at the House of Commons for throwing out the said Bill of Trial when it was sent down to them and tells the Commons p. 6. They certainly were grown very high in their own opinion and had a very low esteem for the Lords when they neglected their best friends in the House of Peers and did almost with scorn refuse that Bill intituled For the more fair and equal Tryal of Peers I never saw the Bill yet therefore can say nothing more of it onely I cannot but take notice that in the same page and in many other parts of that Print a through-revenge is plentifully bestowed upon the Honour of the House of Commons Nothing would then serve the Turn but they must be turned out of doors Dissolved and a new one presently call'd an instance clear enough for discovery out of whose Quiver this Arrow of Dissolution was first shot and of great probability who set on the Writers since against the Prorogation to break the neck of this Parliament and in it all the hopes of the Loyal part of the Nation And if that aforenamed were the Print of his Lordship I might reckon up out of it and another Print stitcht to the tail of it the most virulent Scandals that could be raked together to prepare that House for the rage of the Rabble But the Narrator having sum'd up in few words the sence of the Author I leave him here because the Narrative it self will give the House that short Cut by and by In the mean while if freedom of speaking in Parliament and after that of Printing All and more than All that is of more perhaps than was spoken be to be construed and extended at this rate know that the old Customs and Laws Parliamentary in England know no such matter A freedom of speech in Debate is that which every Speaker by ancient Custom after the House of Commons hath chosen him and presented him to the King doth petition for to the King on the behalf of all the Members of that House and it was never yet denied by any of our Kings The Lords also in their House do claim it by Birthright for to what end do they meet if they may not freely debate matters without which 't is impossible to come to any Resolution about them May his hand rot off then that shall write a word against it But withal we are to understand there are Bounds Rules and Laws of speaking in either House of Parliament for the Law of Parliaments ever supposeth that the Members ought to keep within the compass of those Bounds and observe those Rules both as to the matter spoken and the manner of speaking Every Member hath a Right to be heard and heard out what he hath to say but then when he hath done the House to which he belongs hath power to judge whether he hath spoken ill or not and if ill then they are the proper Judges to dispose of him to punishment according to his desert And this the Law supposeth they will always do they being interested and intrusted with such Necessary Power and Priviledge for the good of the King and Kingdom Now this is the Case of the most Noble House of Peers They have as to the committing of the Four Lords to the Tower not done it because they spake for they heard out with great patience what they had to say but because they judged what their Lordships had spoken against the Being of this Parliament was of most pernicious Consequence against the Safety and Good of the King and Kingdom And to say no more of this the House was so unanimous in concurring to their Commitment after a debate and consideration of the matter as will appear upon search of the Books of that House that it was with great odds of number carried by the Temporal Lords alone without reckoning in the Bishops or the number of Proxies And the Narrator himself confesseth this was agreed on after a full Hearing of all that could be said by the four Lords themselves or their few Friends only he mingles many ill-favour'd Reflections and false Insinuations in his Relation NARRATIVE It had been he saith moved also by the Duke of Buckingham that the Opinion of the Judges might be declared in the Point ANIMADVERSION All Reverence be given to the Judges in due time and place This was an arduous Point of a Superlative Nature touching the very Life and Being of a Parliament in a conspiring Factious Season infinitely above those ordinary points of Law touching which that House is wont sometimes to consult my Lords the Judges when their Lordships conceive they have need to consult them But this was so plain a Case to their Lordships that having the Judicatory right and power in their own hands and in so transcendent an Occasion it had been a strange thing to have yeelded to such a Motion merely to gratifie those whom they had judged Offenders Nor was it to be supposed that the Judges would have undertaken to opinionate about so Supreme a Question wherein the Safety of all the Concerns of Crown and State were involved fit onely for the Supreme Judicature to consider NARRATIVE It was the next day urged by some Lords in the behalf of the Four Lords that three several times viz. 1 Hen. 7. 1 Qu. Mary 1 Qu. Eliz. the very same Debate was in Parliament yet no man questioned for moving it ANIMADVERSION Whether those Debates were the same or not let the world judge when as the Narrator himself confesses it was only about the Forms of the Writs that summoned the Parliament that the Question in those days was But this Question made now was about the validity of a Prorogation and the very being of a Parliament after it I do not finde in my Lord Cook 's Treatise about the High Court of Parliament that the length of a Prorogation beyond a Years time can dissolve it or that a small flaw in the Form of the Writ of Summons can invalidate a Parliament But if it were so that it could yet that is not within the Case of this Parliament whose Writ of
and Holding of another Parliament to the end there may be a frequent Calling Assembling and Holding of Parliaments once in Three yeers at the least What can be desired more than this Act hath provided for We have by it secured a Parliament every Three years after this is ended which is more than ever you had before And if you will not be contented with my Sence in expounding the Two Statutes of Edward the Third take here the sence and judgment of the whole Parliament They have Provided also for yeerly Parliaments or oftner in these words IF THERE BE OCCASION as fully as Edward the Third did by the words IF NEED BE in those ancient Statutes the Prerogative of the King being left here entire to judge whether there be OCCASION as it was in the former Statutes to judge whether there be NEED of Parliaments every yeer or not And so you see 't is the sence of this Parliament declared in their First days of Sitting many yeers ago that no more than this was meant by the Parliament of King Edward Behold also how great the Wisdom Concession and Tenderness of His Majestie hath been towards us in this Particular that to remove all Fears and Jealousies which Seditious men plant and nourish in the mindes of weak people about His possible Delaying of Parliaments long He did so graciously concur with his Parliament in the said Triennial Act to secure us in the Golden mean as I once before told you betwixt the having too frequent or too few Parliaments in time to come Most ungrateful then are they and most malicious and the Peoples greatest Enemies who by their dark desperate Contrivances have so many yeers been casting Rubs in the way of this Parliament to interrupt and impede the Noble Work of Settlement which is most likely to be done by them or by none and had not the Faction hindred it had been done long ago so that we might ere now have seen Parliaments in motion upon this fair Wheel of a well-ordered Succession Judge then I pray you how little cause this Clamorous unreasonable Dissolver hath to revile this most Loyal honourable House of Commons or impute to them a sacrificing of our Rights and Liberties which every days transaction shews when they are sitting they do most studiously maintain Whereas if he and his Fellow-Dissolvers might have their Ends to put an end to their Sitting before they have done their Work it would by experience be soon found the onely way to run us out into Anarchy and that they have been the onely Bank that kept out the great Floud of endless Contests and Confusions which unavoidably would follow a present Dissolution I could without the help of a spirit of Prophecie give an account of all beforehand had I time or room to tell you the Story But now 't is time to behold the DISSOLVER's Threatnings He tells the House The whole Nation will strictly observe every man among them that to sit a little longer doth sacrifice to the late Prorogation made in 1675. But this is not all He proceeds further in more plain terms as followeth page 10 and 16. DISSOLVER Do not think to salve your Authority by your own Vote for We that is the men of Shaftsbury the Faction must tell you that no Parliament which is not antecedently so can make it self a Parliament by Vote Do not think the People of England will do that indignity to their Laws that dishonour to the Finger of God which by so stupendious and over-ruling Providence hath Dissolved you or that disservice to their own Interest as ever to acknowledge you any more for their Representative And pag. 17. Wherefore unless you will stand upon Record as Oppressors of all the People of England c. And a little after he saith thus It is onely your single fear that the People will not chuse you again that can make you do so and so because you doubt they will credit you no more for opposing the Interest of the People is never the way to be chosen again And page 18. Pray you saith he remember the former long Parliament how the People unroosted them and took vengeance upon them their Lives their Liberties and the Fortunes of most of them And pag. 19. he addes Let not the vain perswasion delude you that no Precedent can be found that one English Parliament hath hang'd up another c. An unprecedented Crime calls for an unprecedented Punishment and we faithfully promise we will use our utmost endeavours when a new Parliament shall be called to chuse such as shall c. and so forth ANIMADVERSION Hold hold SIR what d' ye mean you 'll crack the Strings by and by which should hang Us. What shall we have next A Switzerland-Reformation Must the Nobility and Gentry of this Parliament all to the Pot when these Reformers can get a New one And for no other cause but sitting longer than those our New Masters that wou'd be would have ' em See how furiously the Faction would ride if they could get into the Saddle but they do well to tell us so before they have got a foot in the Stirrup Me thinks ye men of Shaftsbury I see in this Book a Print of the Noble hand that wrote it and of his heart too which plainly threatens that he would if he could furnish us with a Precedent to teach Posterity that One Parliament may hang another What then would a Parliament quickly do with such a DISSOLVER as this if they knew where to finde him out But the singer of God which he talks of may ere long point him out in a stupendious manner before he can bring about his brave intended DISSOLVTION In the rest of his Book to the very end he goes raving on at the like rate telling Stories of time past about the hanging of two Lord Chief Justices and a Lawyer that was one of the Kings learned Counsel and of three Judges and of forty Judges more and of Empson and Dudley in the Reigns of King Alfred Edward the Third Richard the Second and Henry the Eighth But to what end is all this reckon'd up unless it be to flush the Phantsies of the Rabble right or wrong against the good time of DISSOLVING which is as much long'd-for by the Faction as the Jews long for the day of their yet-expected Messiah At length he comes to conclude with an Exhortation to the People of Disobedience to the Acts of this Parliament That in the mean time they refuse to pay Taxes or obey any other of their Acts without first trying their validity by due process of Law And he exhorts also the Juries that upon Tryals they should not finde against their neighbours So here is the Trumpet blown outright for Rebellion But seeing he hath been so plentiful in Stories out of our Chronicles about Examples of Hanging he should have been also on the Peoples side so charitable as to inform them how we