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A01768 The copies of two speeches in Parliament The one by Iohn Glanvill Esquire. The other by Sir Henry Martin Knight. At a generall committee of both houses, the 22. of May. 1628. Glanville, John, Sir, 1586-1661.; Martin, Henry, Sir, 1562?-1641. aut; England and Wales. Parliament. Proceedings. 1628-05-22. 1628 (1628) STC 11904; ESTC S103133 8,463 21

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order and method in replying to diuide the Lord Keepers answer into two parts a Legall and a Rationall The reply to the Legall your Lordships have heard my selfe come intrusted to reply to the Rationall which also consisted of two branches The first deduced from the whole context of the additionall clause the second inforced out of some part In the first were these reasons That the same deserved Our acceptance First as satisfactory to the 1. King Secondly to your Lordships Thirdly agreeable 2. 3. to what Our selues had often protested and professed expressely by the mouth of Our Speaker I must confesse these motives were weighty and of great force and therfore to avoide mis-understanding mis-conceit which otherwise might be taken against the House of Commons upon refusall of the propounded addition it is necessarie to state the question rightly and to set downe the true difference betweene your Lordships and Vs. Now indeede there is no question or difference between your Lordships and Vs concerning this additionall clause in the nature and qualitie of a proposition For so considered We say it is most true and to be received imbraced by Vs in toto qualibet parte qualibet syllabâ yea and were that the question Wee should adde to this addition and in stead of due regard say Wee have had and have and ever will have a speciall and singular regard Whereto To leave entire Soueraigne power No That were to intimate as if we had first cropt it and then left it but Our regard was to acknowledge and confesse it sincerely and to maintaine it constantly even to the hazzard of Our goods and lives if neede be To which purpose your Lordships may bee pleased to remember what strict oath every member of Our House hath taken this very Session in these words I A. B. doe utterly testifie and declare in my conscience that the Kings Highnesse is the Supreame or Soueraigne Gouernour of this Realm in all causes c. and to my uttermost power will assist and defend all jurisdictions priviledges preheminences and authorities granted or belonging to the Kings Highnesse or united or annexed to the Imperiall Crowne of this Realme So that your Lordships neede not to borrow from Our protestations any exhortations to Vs to entertaine a writing in assistance of the Kings Soveraigne power since Wee stand obliged by the most sacred bond of a solemne oath to assist and defend the same if cause or occasion so required So that the onely question betweene your Lordships and Vs is Whether this clause should be added to our Petition and received into it as part thereof which to do your Lordships reasons have not perswaded Vs Because so to admit it were to overthrow the fabricke and substance of Our Petition of right and to annihilate the right pretended by Vs and the Petition it selfe in effect For these words being added to Our Petition viz. Wee humbly present this Petition c. with due regard to leave intire your Soveraigne power c. doe inure manifestly an exception to Our Petition And an exception being of the nature of the thing whereunto it is an exception Exceptio est de regulâ must of necessity destroy the Rule or Petition so far as to the case excepted Exceptio firmat regulam in casibus non exceptis in casibus exceptis destruit regulam Then this construction followeth upon Our Petition thus enlarged that after We haue petitioned That no Freeman should bee compelled by imprisonment to lend or contribute money to his Maiestie without his assent in Parliament nor receive against his will souldiers into his house or undergoe a Commission of Martiall Law for life and member in time of peace Wee should adde Except his Maiestie be pleased to require Our monies and imprison Vs for not lending and send Souldiers into Our houses and execute Vs by Martiall Law in time of peace by vertue of his Soveraigne power Which construction as it followeth necessarily upon this enlargement so it concludeth against Our right in the premises and utterly frustrateth all Our Petition Neither may it seeme strange if this clause additionall which of it selfe in qualitie of a proposition We confesse to be most certaine and true being added to Our Petition which also is true should overthrow the very frame and fabrick of it seeing the Logicians take knowledge of such a fallacie called by them fallacia à benè divisis ad malè coniuncta Horace the Poet giveth an instance to this purpose in a Painter who when he had painted the head of a man according to art would then joyne to it the necke of a horse and so marre both the one and the other whereas each by it selfe might haue been a peece of right good workmanship The second branch of my Lord Keepers Rationall part was inforced out of the last words of this addition by which his Lordship said that They did not leave entire all Soveraigne power but that wherewith his Maiestie is trusted for the protection safetie and happinesse of the people As if his Lordship would inferre that Soueraigne power wherewith c. in this place to bee terminum diminuentem a terme of diminution or qualification and in that consideration might induce Vs to accept it But under his Lordships correction We cannot so interpret it For first We are assured that there is no Soveraigne power wherewith his Maiestie is trusted either by God or Man but onely that which is for the protection safetie happinesse of his people And therefore that limitation can make no impression upon Vs but We conceive it rather in this place to have the force termini adaugentis to be a terme of important advantage against Our Petition a terme of astriction as that whensoeuer his Maiesties Soveraigne power should be exercised upon Vs in all or any the particulars mentioned in the Petition Wee should without further inquirie submit thereunto as assuming and taking it pro concesso it induced to our safetie and happinesse c. Since therefore as this Petition is now conceived it carrieth the forme and face of a picture which representeth to the life the pressures and grievances of the people with the easie remedies And therefore Wee hope that His Majestie casting vpon it a gracious eye will compassionate His poore loyall Subjects and affoord a comfortable answer I doe humbly pray your Lordships not to marre nor blemhsi the grace and face of this picture with this unnecessarie addition And unnecessarie I prove it to be according to that rule Expressio ejus quod tacite inest nihil operatur And Soveraigne power in cases where it hath place and ought to be used is alwayes necessarily understood and though not expressed yet supplyed by reasonable intendment in the opinion of all learned men And therefore as it neyther is nor can be by Us expressely excluded so not necessarily by your Lordships to be expressely included especially in this Petition where the