debate or censure but a retarding of Justice If Judgement be given against the King he cannot examine this iudgement in an extrajudiciall way before himselfe but it must he subject to censure or debate in a legall way by Writ of Errour or the like An offence committed in the presence of a Court of Justice great and more capitall then in the presence of the King I need say no more for the proofe of this I will present you with the great Majesty that doth attend the administration of Justice and that is this An Offence committed in the presence of a Court of Justice is a greater Crime and more Capitall then in the presence of the King killing the Chancellor or Judge of either Bench doing his office is High Treason by the expresse words of 25. E. 3. not so if from the Bench though in presence of the King striking any man in Westminster Hall in presence of the Courts of Justice is the losse of a mans right hand and his goods and chattels not so in the Pallace or presence of the King unlesse blood shed ensue upon it and that is specially by Statute not by common Law but because alâ— have touched upon this before I will returne to the discourse intended It is manifest that the Law is the square and rule by which both King and people are directed and regulated in inferiour Courts What shall we then say to the high Court of Parliament in comparison of which all other Courts are but Tanquam viburna cupresso like shrubs to the lofty Cypresse or Cedar from whose fulnesse and abundance all other Courts receive even their power and authority There is an enemy at hand Object a strong objection and that is that this is no Parliament they have no plenitude of power without the King and the rest of the Lords and Commons now absent and by this they thinke to invalide all that hath been formerly spoken To which I answer Sol. That first the Parliament must he admitted to be a Court of Justice without the Kings Personall presence his legall presence being inseparable from this Court like as from all other his Courts of Justice and the contrary I suppose no man that is rationall will affirme Further I conceive in inferiour Courts his personall presence is against Law in point of Judgement in any matter between the King and his people for then the King should be Judge in his owne Cause contrary to the rule of Law Ministeriall or judiciall Acts not incident to the Regall dignity which saith That the Kings cannot doe any Act ministeriall to himselfe aâ— to take a Recogniâ—â—nce pro securitate paâ—is or the like much lord doe any Act judiciall betwixt himselfe and his people yea not onely so but he might fit in one Court and reverse a Judgement given against himselfe in another Court which how injurious this same would be unto the subject how dishonounourable and scandalous to the Court of Justice I suppose the weakest capacity doth apprehend Therefore the wisedomes of the 〈◊〉 hath appointed the sage and learned men being sworne to administer Justice indifferently betwixt the King and his people Court of B. Le R. B. C. Courts of Justice time out of minde and Magna Cart. ca. to did not â—reate and constitute the Court of C. B it did only settle it in Locâ— câ—â—tâ— No Courts of Justice at the first in the subject â—s now but all dispensation of Justice in the Crown viz. by the Kings ministery And the Opinion of Fineaux chiefe Justice in the time of King Henry the 7 That all administration of Justice into at first in the Crowne is to be understâ—â—d with this distinction it was not in that Regall period aâ— to the dispensation of it but it was in the regall Ministers or the Judges and so might be said to be in the Crowne according to the rule of Law Qui â—er alium facit per seipsant fadere videniâ— If so in inferiour Courts the same law â—â—â—â—â—â—ed sway in that high Court of Parliament also the practice and course of that Court sheweth plainely that they are a Câ—â—rt of Justice without the personall â—reâ—eâ—ce of the King Witnesse their reverâ—â—â—â— erroâ—ious judgements given in inferiour â—â—â—rt â—aâ—â—ing illegall Parents Monopolies granted by the King and many other might here be remembred I have heard it formerly objected that the House of Commons could not take a Recognizance Pro securitate pacis of themselves but it was alwaies transmitted to the Lords therefore this House was no Court of Justice for this is incident to every Court of Justice that is of Record yea a Commissioner of Oier and Terminer may take a Recognizans as it seemeth and for proofe the Case in the 1 H. the 7.19 20. is urged for there it is expresly said That the transcript of a Writ of Error upon an erronious Judgement in the Kings Bench shall be brought into the House of Peeres Et per Dominos tantum non per communitatem assignabitur seneschallus qui cum Dominis spiritualibus temporalibus per concilium Justiciar procedet ad errorem corrigendum Hence it seemeth that the House of Commons of it selfe cannot examine any Judgement in inferiour Courts and therefore should seeme to be no distinct Court of Justice of it selfe As also that the House of Commons considered in relation to that joynt power of Judicature that it hath with the House of Lords cannot take a Recognizans as is before objected for so it may seeme to be implyed by this Case I answer Sol. because the weight of this objection seemeth great that this Case may be admitted for Law and yet the power of that High Court of the House of Commons no whit diminished for this Case must be intended of their joynt and entire power of Judicature Coâ—rts of Justice have no immediate cognizance of each others proâ—eedings but they must be certified hereof and that in a legall way Certificate implies no immediate cognizans for otherwise the House of Lords could take no immediate cognizance or knowledge of the proceedings of the House of Commons nor è converso the House of Commons of the proceedings of the House of Peeres but their proceedings ought to be legally certified and by the words in this Record you may see it was done in relation to that joynt power for the words are Per Dominos tantum non per communitatem c. Here the Commonalty must plainely be intended as member or part of that High Court or otherwise the words were meerely nugatory for what need this restriction if the House of Commons were not conjoyned with the Lords in entercourse of Justice but were a distinct Court and severall from the House of Peeres it were as much as if the Kings Beanch should be restrained from having any immediate Jurisdiction or Cognizans in matters pertaining to the Common Pleas a thing ridiculous and superfluous seeing by
not grounded alwaies upon the positive Laws but upon intervenient accidents arising upon materiall circumstances of time place or other emergent causes which Orders are held by the Sages of the Law agreeable unto equity and Justice although no expresse Law to warrant the same In Chancery many crosse Orders the one to the other in a cause there depending yea almost seeming contradictory yet in Law and conscience justifiable and he that shall disobey those Orders is accounted a rebell unto the Law the King and his royall Government Jurisdiction of Courts title Parliament as appeareth by the Writ of Rebellion usually in those cases issuing and Sir Edward Coke affirmeth this power of Ordinance antiently pertaining to this high Court of Parliament And I know not but they may proceed to definitive Judgement in Causes notwithstanding any thing that hath been formerly spoken The Power of Parliament to proceed unto finall Judgement in case of wilfull absence of any the Judges of this Court paâ—alleld with this power in inferiour Court The Court full in Judgement of the law without those Judges which are wilfully absent if any Members of the Houses who are by Law Judges of this high Court shall refuse to discharge the trust committed unto them as the case now is and wilfully by absence or delinquency make themselves uncapable and unworthy of that great service for then I conceive it cleere that the Court is full in Judgement of Law without them and under favour there is no Law in point but the remaining Judges may proceed by the same authority For to examine a little the course of inferiour Courts of Law if any one or two of the Judges of the Kings Bench or Common Pleas shall obstinately recede from that Court and deny his attendance there for the publike shall not the residue of the Judges transact all matters there depending Certainely they may and further they ought so to doe And although for conveniency or conformity or to the end the Judgement may be the more unquestionable being confirmed by the greater number the weighty matters are agitated and determined in Plena curia for the most part yet I take it cleere in case of absence especially wilfull or obstinate the remaining Court may debate and finally sentence all matters incident to their jurisdiction Indeed in some particular cases the chiefe Justice or Judge hath formerly had the sole power as concerning Writs of Errour viz. that the warrant for the issuing out the Writ of Errour to the Chancery ought to be under the Teste of the chiefe Justice of the Kings Bench No judiciall but ministeriall acts by law transacted solely by any one Judge in inferiour Courts vid. Supâ—a but that Case or any of the like nature I conceive are only ministeriall but if a Writ be once returned in Court and so the Cause there depending no doubt the remaining Judges may judicially heare and determine Now if so in these lower Courts we cannot dis-affirme the same in this eminent Tribunall the Parliament the Court being the moddell and patterne of all other Courts the Gnomon that points out the course of the Sunne the course of Justice and equity to all the other Courts there being no brightnesse or lustre of Justice in inferiour Courts but resides more fully and more aboundantly in that high Court of Parliament So that I conclude the Parliament may make Ordinances Orders give Judgement and Sentence definitively in all matters whatsoever without the Kings personall presence or any of the Members of either Houses their absence being such as is formerly declared and that upon the reason of Law in these rivâ—lets of Justice their latitude of power and the superlative authority considered in themselves and in their course of prâ—ceedings being not so much as intended to be here mentioned but onely by way of comparison or resemblance of the Law in inferiour Courts to make things more conspicuous not any waies to dishonour this Court as if it should emendicare justitiam begge or borrow the rules of Justice from inferiour Courts who arâ— but tanquam ancâ—lle like handmaids to this Lady and Queene of Justice as also it is done ea intentione to informe vulgar capacities per notiora nobis by things even subject unto sence to the end they might if possible be satisfied I should now enter into the proofe of the violation of this priviledge almost forgotten by this digression namely the transacting of matters belonging unto this high Court by the new erect and pretended Parliament at Oxford a greater violation in this particular then if any inferiour Court of Justice in this Kingdome had assumed or arrogated this authority The Assembly at Oxford unwarrantable by law even in their Session much more in their proceedings because this Assembly at Oxford have not so much as any colour of Law to warrant even their Session much lesse their proceedings the matters there trans-acted and adjudged in derogation and dishonour of this high Court being so many and numerous as also the extrajudiciall arraignement of the Votes and proceedings of this Parliament but I thinke it is manifest to all the world and no man ignorant thereof The many and weighty Remonstrances Declarations and Ordinances of this high Court decâ—ared and pronounced null and void at Oxford and elsewhere by Declarations of his Majesty extrajudicially framed Much might be spoken herein with much sorrow and peradventure not without offence therefore I will desist and close up my meditations on this particular protesting nothing but the delivery of the truth with meekenesse and moderation and my soule is full of heavinesse and lamentation that ever so unhappy an occasion should be ministred â—eseeching God if it may stand with his Will and Pleasure to heale all our wounds and to reconcile all differences with peace There is another right of Parliament yet behinde which requires me not to be silent as being of all one of the chiefest by breach of which the Sword is gone through our Land Armies of men have been raised whereby not only violation of Lawes Rights and Justice but even the destruction of all is at hand unlesse God in his mercy prevent it In briefe we have seene great forces raised and maintained by the King without any Law or authority to warrant the same being as I suppose misinformed and unadvised herein The Priviledge or right of Parliament it being directly against the right and power of Parliament which is this That no Armies of men can he raised by the King or any subordinate authority under him but as the positive Law hath prescribed unlesse by consent of Parliament And here peradventure it will be expected I should speake of the Militia of the Kingdome The Milita absolute or generall Vid. infra as being a matter at this time of the highest concernement but I will referre it to a distinct debate by it selfe as you shall perceive hereafter in this discourse
the the same let him Discendere in arenam I heartily desire that by the same rules of Law and Justice the folly of this worke may be convinced and that with meeknesse and moderation by the touch-stone of truth viz. the positive Lawes that those that sit in darknesse may be enlightned let no man goe about to hew it in pieces with the sword of violence and injustice R. 2. for then heare what the blessed Apostle saith By breaking the Lawes dishonourest thou God Thinkest thou that the humane Lawes are not the Lawes of God when thy obedience unto them is so often in the holy Writ injoyned yea canst thou imagine that if thou shalt transgresse this Law that thou shalt escape the righteous Judgement of God Rich Legacies viz. the positive lawes Are the rich Legacies of thy forefathers bought at so deare a price with so much bloud and treasure trampled under thy feet as despicable things I will say no more Remember the wise man let not mercy and truth forsake thee binde them about thy neck and I beseech the Almighty God to give unto us all a right understanding in all things What I intended is now finished wherein I have squared my course altogether by the positive Lawes because of exception of the adverse part not touching upon the legislative or supreme power of Parliaments Master Plynne it being done already by the Pen of a learned Gentleman whose abilities are sufficiently knowne If I have satisfied any man in what is written it is my desire Epilogue I call Heaven and Earth to witnesse that according to my knowledge in the Lawes of this Kingdome I have delivered the truth and I wish every man to lay his hand upon his heart and rightly to weigh and consider the premisses and for passion sinister ends or respects to deviate neither to the right hand not to the left but with a sincere and cleere minde to implore the Divine assistance that in so weighty a matter he may act resolve and doe that which shall be agreeable to the holy will and pleasure of God and consonant unto the Honourable Lawes and Government of this flourishing State and Kingdome Soli Deo Gloria The Table ABsence of the King from Parliament how farre justifiable Page 19. as it hath been many yeares by no Law warrant used only page 21. Vi. tit Statute 38 H. 8. ca. 21. vi tit use Of any Member from Parliament how and in what manner justifiable and where and in what manner punishable p. 15 16 17 18 c. Vi. tit Statut. 5 R. 2. 6 H. 8. ca. 16. Acception legall priviledge of Parliament Pag. 6 7. Act Judiciall Ministeriall in what Cases not incident to the Kings Person pag. 32 Vi. tit presence Allegiance the Etymology thereof p. 18. triplex naturall locall legall p. 57 58 59 c. Vi. tit Statute 11. H. 7. ca. 1. to what capacity of the King due p. 62 Armes who permitted to beare who not Vi. tit Statute 2. E. 3. ca. 3. by the Parliament defensive justified in them â—s a Court of justice p. 70 71 72. Aâ—â—â—ne Royall in what cases requisite in what not p. 38. C. CApacity of the King naturall politick Vi. titl Allegiance devant naturall how secured by Law p. 66. Causes of Parliament efficient materiall formall finall differ c. p. 117 118 119. c. Commission of Array disproved Vi. alarge p. totum 52. 53. usque 59. Corone All Administration of Justice at first in the Crowne how meant p. 32 33. Court Parliament a Court of Justice without the Kings personall presence 32 33 34. severall Courts of Justice ibid. c. Vi. p. 72. Their 〈◊〉 to coâ—â—â—â—dâ—â—â— posse comiâ—â—â—â— posse 〈…〉 proved p. 37 72. Court in what Cases fall in Jâ—dgement oâ— Law in what not p. 39 40 D. DIspensation Regall against a Statute â—here of forcâ— wherenot Viâ—tul Non obstante E. Escuage The service explained not penal but by Parliament p. 46 47 Exception legall privil edge of Parliament p. â—6 7. Exception where it relates to the body of the Act 〈◊〉 â—re not p. 45. in some Cases unnecessary ibid. I. Innuendo in Acts of Parliament where rejected p. 4â— Judgement Against the King by the Law positive and compulsary p. 2â— â—6 Judgement or proceedings of Parliament not subject to debate elsewhere p. 2â— 24 â—â— Judgement definitive in what Cases pertaining to Parliament or other Courts of justice p. 39 4â— Judiciall Acts trans-acted in what cases by part of the Court representative by all p. 35 40. differed from ministeriall ibid Judge Who shall he of the danger of the Realme or of the â—ecessity of raising Armies p. 64 65. paralel'd with the power of judgement in inferiour Courts ibid K. King WHat capacity intended by Law and what meant hereby Vi. titl Capacity Vi. a large titl Stat. 5. R. 2 â—â— E. 3. p. 16 17 18 97. Considered in both capacities naturall politick p. 65. 66. L. LAw of Parliament Vi. titl priviledge inconsistent with the positive Law yet just p. 13 122 Common Law touching the Militia p. 43 44 45. usque 52 per totum Vi. titl Statut. 1 E. 3. 5 â— H. 4. 13. The onely positive Law now in force concerning the Militia Lawes and Statutes how to be expounded Vi. p. 50. 77. M. Militia A Right of Parliament p. 43. Duplex generall absolute or extraordinary ordinary or liâ—â—ted by the positive Lawes p. â— The Militia positive extendeth onely to Tenures or Contracts not to be forced out of their Shires unlesse in case of sudden invasion p. 45 46 47 c. Militia positive vestâ—d in the Sheriffe as an instrument or Officer by Statute in the Law or Courts of Justice in the power or right Vi. a large p. 82 83. usque 88. Vi. tiâ—l statut 9. E. 2. 28 E. 1. cap. 28. The generall or absolute power of the Militia in Parliament De jure not in the King the reasons why at large p. 78 79 80. Militia Of the Navie or the Seas in Parliament not in the King at large debated p. 90 91. c. not divisible ibid. Militia The Adjuncts and Attendants of the Militia viz. the Fortâ— Castles and Magazines to whom they belong ibid Different from houses or palaces ibid N. NEgative voice in Parliament to what it extends p. 23 24 c. examined in inferiour Courts p. 25 Non obstaâ—â—te in the Kings pardon where availeable where not p. 62 63 105 109. O. OAth of the King at his Coronation explained p. 27 28. Observations touching the discourse p. 122 123 c. Offence in presence of a Court of justice and in presence of the King differ Ordinance the Etymology of it how Regall power the Oâ—dinance of God p. 100 101 102 Ordinance and the force thereof in Parliaments in inferiour Courts debated p. 38 39 Offices publike or the great Offices of the Kingdome to whom the disposition of them pertaines p. 93 94. P.
Law they are meere estranged from any knowledge in this nature of any proceedings of each other interlocutory untill judgement given and then it must legally be brought before them Jurisdiction of Courts so that this Case is clearely meant of their joynt power wherein by custome as saith Sir Edward Cooke the Lords only proceed to reverse or affirme any Judgement upon errour no whit diminishing the Power and Authority of the House of Commons by this for divers matters may by custome be severally trans-acted by Persons having the same power and authority Transaction by one done by all representative and yet they are in Law trans-acted by all the Members or Judges of that Court representative How the opinion of Sir E. Cooke formerly is to be understood viz. according to their joynt power of Judicatuâ—e But I doubt not but the transcript of any Judgement in the Kings Bench may be commanded and that legally too into the House of Commons and that they may proceed thereupon either to affirme or reverse the Judgement and that by the power of that high Court as a severall and distinct Court of Justice from the House of Peeres this Case before remembred to be good Law notwithstanding but this I leave to the learned The House of Commons may take a Recognizance at a distinct court of Justice Now concerning the Recognizance before touched there is nothing expressed or implyed in this Case but that the House of Commons as a severall and distinct Court of Justice of it selfe may take a Recognizance there is no question of that for every Court of Record have that power unquestionably yea derivative Authority from Courts of Justice as Commissioners of Oier and Terminer are invested with this Authority Further The House of Commons may take a Recognizance according to their joynt power the House of Commons considered in relation to their joynt power may take a Recognizance for so saith good authority that reverend Judge Brooke in abridging the said Case of 1 H. 7. before cited Videtur quod tout un are his very words besides if there hath no such practise been or used in the House of Commons that is no proofe it is no argument from a non esse to a non posse an hundred presidents Sub silentio make not a Law it was never yet upon contestation so determined but of this sufficient Thus I hope I have cleared this false aspersion it plainely appearing that they are a High and Supreme Court of Justice joyntly and severally without the Kings personall presence The Assembly at Oxford no Parliament There hath of late been an Anti-parliament for so I may terme it erected at Oxford whereby they had thought to have weakened the power of this Parliament by Voting their proceedings as traiterous and illegall but alas these are poore shifts and evasions seeing there is an Act unto which they themselves this very Session have assented by which it appeares this Parliament cannot be held proroged or adjournied elsewhere without the consent of both Houses of Parliament now assembled so that this Assembly at Oxford is no Parliament and consequently their proceedings a meere nullity in judgement of Law and withall subject to severe Censure in regard they have assumed to themselves the Supreme Authority of the Kingdome without any warrant of Law so to doe and that spurious generation of Bastards or illegitimate Children which seeke to sever and divide the Power and Authority of this High Court by affirming any legall presence of this Assembly elsewhere the wise Salomons of this Parliament will in their due time bring to condigne punishment Well then they being in Parliament and a high Court of Justice without the Kingâ— personall presence Inferiour Courts may command Posse comitatus what question can be made of their power even as a Court of Justice to constraine and compell all persons yea even by force of Armes to submit to their supreme Authority and in case of resistance if inferiour Courts may command Posse Comitatus to execute their Processes and Injunctions as it is manifest they may for in one common Case of Replevin from the Court of Common Pleas the Sheriffe of the County as Minister to the Court of Justice if the party that hath taken a Distresse carry the same to a Fort or Castle to the end it may not be replevied he may command the power of the County to attend him and abate that Fortlet or Castle in case of resistance delivering by Replevin the Cattell to the owner Surely then the Parliament in case their Power be contemned and disobeyed may command Posse Regni and not onely Posse comitatus to bring all persons rebellious unto the Justice of that High Court there to receive according to their merits And thâ—s is the case of this present Parliament as I take it who have legally Summoned the Members of both Houses now absent to attend the Service of the Houses and they have not appeared but absolutely refused to obey the Summons Processe and Power of that Court which for my part what offence it is and where Censurable I leave it to the world to judge upon whâ—t hath been formerly spoken there being no absolute case of necessity to plead for their absence as I could ever yet perceive and the Lawes and Statutes of this Realme being peremptory in the mulct and penalty thereof The Kings presence representative by 33. H. 8. supra Now peradventure it is necessary to know in what the Royall Assent Personally or Representative is required and that is plaine in enacting any Law or Statute to make it perpetuall to oblige the people I conceive the Royall Assent must precede yet the Royall Assent cannot in Justice be denied neither with a Le Roy s'duisera suspended unlesse satisfactory reasons be given for the same unto the Parliament for the publike good as also the confirmation of them is no act of transcendent grace but of right and Justice as hath been formerly spoken The power of the Parliament to make Ordinances paralleld with this power in inferiour Courts Nay further it must be granted that as incident to this great Court they may make Ordinances to binde the people Sedente Parliamento without any royall assent unto which Ordinances although not grounded upon the positive Lawes of this Kingdome the people ought to yeeld obedience as well as to the Ordinances Ordinances binds untill definitive Judgement though not transacted in plena cur Orders and interlocutory Judgements in other Courts of Justice unrill definitive or finall Judgement which is for the most part in Plena curia when the Court is full but that other power is used although but part of the Court be then sitting and bindeth all persons untill finall Judgement it is also plaine that in other Courts their Orders Ordinances Ordinances binding though not grounded upon the positive Lawes and interlocutory Judgements are
away the Members of the Houses from the service of the Common Wealth and trying them by Commissions elsewhere by the knowne Lawes of the Land as they please now to terme them wrested misinterpreted by illegall Judgements to Condemne the innocent Vi. Deat f. 10. a for the positive Lawes and the Law of Parliament much differ and are not in many particulars consistent together and yet both Lawes in their proper Spheres and motions just and good Lawes and howsoever the people be deceived otherwise and by other pretexts this is the very truth and beginning of all our miseries Hinc illae lachimae In his Majesties absence from the Parliament these Agents have not been idle they then labour to invalide all the proceedings of Parliament without the Kings presence personally they Arraigne them and Judge them as null and void by extrajudiciall Declarations there is a suddaine eruption of this impious doctrine That the King hath an absolute negative voice to all their Votes and Resolutions and so their sitting there frivolous and contemptible a position inconsistent with the Government of this Nation and subjecting both Lawes and people Arbitrio principis to the will and pleasure of the Prince A cursed Opinion And further when they see that these Plots are ineffectuall they take up Armes in plaine termes But what to doe To destroy the Lawes and Government for ought that I know yea the King himselfe in his Regall Dignity they colour it with Law and Justice forthwith issues a Commission knowne by the name of The Commission of Array an illegall and unjust Commission as you may perceive by this former Discourse Afterwards they fly to the defence of the Kings Person Nota. an Act justifiable as they say even by the Law of God and Nature as if the Law of this Land had provided for the Members of this great Body Politicke and had left the head thereof without any security of it selfe a high and great scandall to the Government The truth is the King is made use of by them under pretence of the security of his Royall Person but to shelter themselves from the mulct and penalty of those great and capitall Crimes of which they are even by the positive and knowne Lawes guilty you may see how largely and wisely the Law hath invironed the Royall State and Dignity with walles of defence round about in the fore-going Discourse therefore they need not seeke any other refuge Last of all they cast this aâ—perâ—â—on upon the Parliament and Kingdome That they take up Armes against the King which you may perceive by this Discourse they doe not they intend no hurt to his Person but the safety thereof for surely they that seeke to invest the King with the same garments of Peace and Justice with which the Law hath adorned him seeke more the security of his Person then those that seeke by these bloudy courses to present him unto his people in the indeleble Characters that I say no more of errour and misgovernment Are Usurpations the Robes of a Prince Certainly these are not his Parliament Robes Is any thing denied or with-held that is his Majesties right if his Majesty would cease these Warres against his People Thus you see in briefe the beginning progresse and continuance of these our calamitieâ— unto this day on the Kings part by evill Counsell fomented and maintained The Parliament and people with them fight for their lawes and liberties yea for the King and the maintenance of his regall dignity nothing but violation of Lawes and Justice and although it be falsly alledged That the King fighteth for his Crowne I thinke upon the premisses you may safely conclude the Parliament and people fight for their Religion Lawes and Libertie yea to set the Crowne and the due Rights thereof upon the Kings Head and his Posterity which by these illegall waies hath been is and will be much exposed even to ruine and destruction If any maâ— shall be yet so unhappy in himselfe as not to rest satisfied with what is here delivered but that flesh and bloud will still contest I have nothing more to say unto him then this It is the Lawes and Government of this Kingdome that warrants this truth Et câ—ntra neguâ—â—eâ— principia non est dispuâ—aâ—dum And now to draw to a conclusion of this woâ—ke you that are filled with knowledge and wisedome as it is much gâ—oâ—â—ed in by the sâ—â—ple and ignorant where is your learning and wisedome may not I say unto you Behoâ—â— how that God hath chosen the vile and abject things of the world to oppose the mighty the foolish things of the world to confound the wise The Kings part fight not for Religion since they seeke to eneâ—vate those Lawes which under God preserve and secure our religion 3 Iac. ca. 5. vi devant What are these streames of bloud for Are they for your Religion Is this your last objection take heed that you erre â—or herein if you endeavour to disarme Religion to take away the Bulworkes and Fortâ—fications thereof the Lawes and Statutes of this Kingdome by which our Religion hath been hitherto under God preserved and maintained Are you not guilty of Sacriledge Was there not a Statute lately made to disarme the Papist as a dangerous enemy to our Religion to take away all Armes and Aâ—munition from him as also to banish him from the Kings House or Court or of his Heires apparent or within ten miles of the City of London How is this excellent â—aw most shamefully abused Not one jot or tittle of the same No cause whatsoever sufficient to justifie the violation of the Lawes we may not doe evill that good may come of it but infringed Have they not freely repaired unto the Kings Court as likewise unto the Princes yea have they not been a Guard unto his Person Doe you not likewise Arme and command in Armes the enemies of our Religion against us the Popish Party under pretence of the defence of the Kings Person directly against the Lawes of this Realme as I have shewed you before That Law which next Divine Providence is the onely security of our Religion the disarming and weakening the Papist and what will ensue upon thiâ— but if they should prevaile which God avert an utter ruine of our worship of God or at least a tolleration of Popery which would soone extirpate the Protestant Religion Now let the world see what zealous Assertors you are of Gods true Worship and Service when you open the way to all prophanesse and superstition The religion which the best of you endeavour for is full of many superstitious Ceremonies fit to be abolished even in the judgement of the most moderne I will not here enter into any discourse of them as being impertinent and they being apparent unto the world otherwise Thus I hope I have framed a Gordian knot by the Lawes of this Kingdome established if any man can dissolve or unty
was no proceedings as in Civill in Parliament against any Members thereof in an ordinary course of Justice and therefore this Law was made somewhat to abridge this high priviledge namely in this that any Member offending shall be subject to the censure of that great Court in an ordinary course of Justice which before he was not but in an extraordinary way by Petition or the like in which condition he now stands as to civill actions To this I can give no positive answer but I rather incline to thinke that this Law was rather parcell of the priviledge it selfe or contemporary with it and no subsequent Law and so this collection formerly mentioned nor materiall Also I conceive that if this Law before objected shall be found subsequent to the priviledge of Parliament in this particular which for my part I doe not credit yet before this Act or Law delinquent Members thereof were not exempt from Justice but onely in a positive course of proceeding they were still subject to the censure of that high Court in an arbitrary way and so no Cesser or defect of Justice which were a thing of so honourable a Tribunell not to be imagined Thus you see the wisedome of the Law in the framing of these great priviledges in Criminall matters The Reason and ground of the Priviledge of the Parliament both in Criminall and Civill matters Nota. because both God and man require festinum remedium the offences being exorbitant Justice open and cannot be denyed even in an ordinary Course Also the House of Parliament being first acquainted therewith and their leave obtained Censure may be elsewhere not otherwise in civill actions not so but an utter cessation of necessity of ordinary course of Justice for if otherwise the Parliament would be filled with private Suits and Actions and many of them frivolous the many and weighty affaires of the Kingdome in the meane time neglected To conclude the Parliament you see hath that high Priviledge in Criminall matters communicated to no other Court of Justice The Priviledge of Parliament paralleld with the priviledge of inferiour Court in Civill matters but in Civill Actions there are some foot-steps of this great Priviledge in inferiour Courts In the Common Pleas a Writ of Priviledge or Supercedeas to stay proceedings against any member of that Court and if the parry hath cause of Action he ought to Sue in the Common Pleas parallel this case with the Priviledge of Parliament in Civill Actions you will finde it almost the same The Supersedeas or Writ of Priviledge removeth not the Cause no more is the Cause removed by clayming the priviledge of Parliament but a Cesset processus legis quousq c. If the Party hath cause of Action he must Sue in the Common Pleas Priviledge of Parliament in Civill Actions greater then of inferiour Courts so may he I take it in Parliament by Petition or otherwise as the pleasure of that Court will permit but not in any course of Justice ordinary as he may in the Common Pleas here the priviledge of Parliament exceedeth the priviledge of inferiour Courts Likewise in Common Pleas priviledge for Strangers Eundo redeundo concerning their Suits there and this extends as well to their persons to free them from Arrest as to their goods necessary for their Suit and Charges priviledges of Parliament I take the same I need not use repetition Now to hasten to an end of this the reason why the Law hath given unto this High Court this and many other priviledges is for the publike good to the end that Parliaments which are to the State Tanquam medicus aegro like the Phisitian to a sicke person should not be eluded or frustrated by suggestions of Crimes against any members thereof by the King or any persons whatsoever The very being of Parliaments depend upon the priviledge in Criminall matters being taken away from the service of the Houses tryed elsewhere by inferiour Courts for so they might take away all and consequently make a Parliament what they would and when they would which is a breach of so essentiall a priviledge that even the very being of Parliaments dependeth thereupon His Majesty in one of his Declarations saith Object That the Parliament themselves in the beginning of his Raigne in a Petition unto him presented by both Houses in the case of the Earle of Arundell acknowledged their priviledge not to extend to Treason Felony and the Peace the words are They finde it an undoubted right and constant priviledge of Parliament The priviledge of Parliament in expresse words by themselves presented to the King that no Member of Parliament sitting in the Parliament or within the usuall times of priviledge of Parliament is to be imprisoned or restrained without Order or Sentence of the House unlesse it be for Treason Felony or for refusing to give Sureties for the Peace I have faithfully and truly opened all matters that make any waies against me and so I will God willing throughout this whole Discourse let the Reader impartially judge Sol. Priviledge of the Parliament as large as before notwithstanding the words of this petition Although these words fore-going of this petition be very large and seeme much to abridge this privil dge yet upon true examination they doe not for the words That none shall be imprisoned or restrained c. plainely relate to civill actions or proceedings the words Unlesse in case of Treason c imply they shall be subject to imprisonment or restraint but note the words they doe not say of any inferiour Court but still the priviledge remaineth the same notwithstanding the words of this petition But here it may be objected that 〈◊〉 have left out that which makes most against me viz. these words Without order or sentence of the Houses implying cleerly that in Cases of Criminall the order and Sentence of the House is not requisite Sentence and Order of the Parliament an extraordinary course of Justice upon the words of this petition Nota. but they may be proceeded against without leave But marke the words and then judge it is plaine by their sence and meaning that in civill actions they cannot be proceeded against without sentence and order of Parliament no ordinary course of Justice The order of Parliament upon petition or the like is an extraordinary and Arbitrary course of Justice but in Criminall matters they may be censured without sentence and order of the House that is in an ordinary and positive way of Justice but this must be in the hâ—gh Court of Parliament it selfe and not else-where without their leave and so is the sence of these words to any rationall man well observing There is no power given to inferiour Courts by these words either expresse or implyed Nota. but the priviledge continueth the same it was nothing diminished by the words of this petition Further The positive law in inferiour Courts and the law of
Parliament inconsistent and differing yet both just in their proproper motion Vide postea if we should admit the tryall in inferiour Courts this mischiefe would follow that their Judgements might peradventure be legall yet not just it being lawfull for a man to open his Conscience here so farre without dread or feare in any matter touching the Common-wealth or any particular person in a Parliamentary way which in other Courts would be held a crime and by the positive Lawes of this Kingdome punishable This being so the vio ation of this priviledge rests to be proved and truly I am sorry to enter into the proofe of it it reflecting somewhat upon the Kings most excellent Majesty whose Royall Person I shall ever unfeignedly honour But surely it is the unhappinesse of Kings to be abused by evill Counsell and the errour is not to be imputed to the King but to his Ministers But since I must speake it is Soli lucem inferre to hold a Candle before the Sunne so evident it is it needeth no proofe at all for is not the breach of this priviledge in fresh memory when the now Members of both Houses should have been taken from them in an unusuall way I will not say by violence if they had been there present to the great feare and astonishment of that present Assembly but I will say no more as supposing this Act unjustifiable however not yet absolutely disclaimed for ought that I could ever yet see but his Majesty hath declared in print that he would proceed against them in an unquestionable way Vnquestionable way by these words not pronounced innocent but rather criminous A generall Declaration of the proceedings of this Parliament which words in what sence they may be taken I doe not for my part certainly know as being obscure to my understanding and not to all intents satisfactory which violation I take it hath been since pursued in his Majesties Declaration of the twelfth of August 1642. in offering to prefer an Iudictment upon the Statute of 25. E. 3. against divers Members of the House therein named and I take it his meaning is not in Parliament but of this I will speake no more Another right of Parliament is this That every Member of both Houses shall upon Summons come to the Parliament unser the paine of Amercement and other punishment as of old hath been used to be done as appeareth by the Statute of 5. R. 2. cap. 4. and also by the Statute made 6 H. 8. cap. 16. It is enacted that no Member of the House of Commons shall depart from the Service of the House without leave of the Speaker of the House of Commons and the Commons in Parliament Assembled which license shall be entred in the Booke of the Clarke of the Parliament upon Record under paine of losing those summes of Money which they should have had for their Wages by both which Statutes it doth appeare that departure from the House of Parliament without leave is a Crime and punishable of ancient times 5 R. 2. Of the Common Law declaratory for so it appeareeh by the first of these Statutes which was but declaratory of the Law formerly used and that the punishment was Fine and Imprisonment and sometimes Arbitrary appeareth by ancient Authority of Law But it may be objected Object that by a clause in the Statute of 5 R. 2. before named it is no Crime if the Member of Parliament so absenting himselfe can reasonably and honestly excuse himselfe to our Lord the King so that the King by this Statute is made the sole Judge of the offence and if the King License or Command the absence of any Member of either Houses it is sufficient To which I answer Sol. That the Statute is not to be intended in that sence that all Parliaments may be made frustrate and void at the will and pleasure of the King by his License or Command of the absence of any Member of Parliament without great cause for the same for that were not reasonable and honest as the words are Et veâ—ba accipienda cum effectu as the Law saith and otherwise the very essence of Parliaments would be shaken by such exposition But to make a full Answer to these words Our Lord the King before mentioned in the Statute are in Law taken for the King in his Politick Capacity not in his Personall and so it is no more then if the words had been to our Lord the King in his Court of Justice in his high Court of Parliament and so the Court of Justice is the Judge and not the King personally and so is the Law frequently takan for to give you an instance or two and that in a Statute Law as this is Merton cap. 3. Dominum Regem the Kings Court of Justice in the Statute of Merton cap. 3 are these words Statim capiantur in prisona Domini Regis detineanter quousque per Dominum regem vel alio modo deliberentur Here the words Dominum Regem our Lord the King are intended the Court of Justice of our Lord the King and not the Kings Person and so in the Statute of Marle-bridge Marl. cap. 8. Cum Domino â—ege the Kings Court of Justice Perceptum Domini regis perceptum curiâ— cap. 8. the words there are Et hoc per finem own Domino Rege faciend per transgressione c. Here cum Domino Rege is intended the Court of Chancery or Kings Bench and so is perceptum Domini Regis in that Statute taken for the command of the Kings Court of Justice and not for any other command of the King whatsoever In miserecordia Domini Res 1. curio Domini regis Statute enacts that Fine and ransome shall be made at the Kings pleasure intends the pleasure of his Court of Justice not his persons pleasure The Law is cleare in these Cases which are the very same in these words with the Statute 5 R. 2. before named Further because this objection seemeth great I will give you one instance more in a Statute latter then any of these the Statute of 25 E. 3. an Act so highly and worthily prised and much made use of at this time by the Kings Majesty the words are these Ou si home levira guerre counter nostre Seignior Le Roy en son Realme c. Here the words Nostre Siegnior Le Roy are taken for the Lawes of our Lord our King and by good judgement likewise as to me it seemeth not for any leavying War against his Person for that is included in the first branch of this Act Si home compassa ou imagine c. The Lawes and the Courts of Law or Justice intend the same thing therefore I conclude the words Our Lord the King must necessarily be meant in this Statute of 5. R. 2. the Kings Court of Justice or the Lawes of his Court of Justice to wit His high Court of Parliament who onely are
the Judges of any crime committed in that Court and no other inferiour Court as hath been proved at large Also this latter Statute of 6 H. 8. 6 Hen. 8. ca. 16. A stricter law then 5. R. 2. seemeth to conclude all Delinquents that have not Licence as is before mentioned although the occasion of their absence be great and urgent affaires even in Law and conscience satisfactory Now to deny unto the Parliament the dispensation of Justice against Offenders in this kinde as it is too apparent and withall to protect them from the censure of that high and great Court surely I say no more it is a violation of their Lawes and Rights unto them anciently belonging But that I may answer all Objections Object it is urged by the adverse party that their departure from the service of the Parliament was forced by tumults and disorders of people not without just feare and perill of their lives and therefore their absence not within either of the Statures before named but justifiable by the rules of all Law and Conscience Sol. To which I answer because it seemeth materiall that first it must be granted that those Members so departing were Summoned to returne to the Service of the Houses and their Answers especially of divers of the House of Peeres were to this purpose That by their duty of Allegiance they were bound to attend the Kings Person or that they were commanded to attend his Person and therefore they held themselves excusable which was in effect a plaine deniall divers of which Answers I have seene in print Now it must needs be inferred from hence and it plainely appeares to any man not devoid of reason That if there had been really any such danger or cause as is objected Nota. they would have inserted the same in their Answers and so reasonable and certaine an Argument of their innocency would not have been omitted as on the contrary so high and contumacious a defence would not have been returned such an affront and contempt of Justice that even a Court of Pye-powders would not have suffered Also see their Answers what they are their Allegiance is the ground of them as if their attendance on the Kings Person warranted them to doe injustice to violate the Lawes of these Statutes before named Is this their Allegiance to the King Is not the Subjects Allegiance confired to the Lawes Is not the very Etimology of the word derived from thence Legiantia Allegiance the Etymology quasi legis essentia therefore their answers not legall Their answer noâ— legall because they infringe the law viz. 5. R. 2 6. H. 8. Tumult what it is as also the Objection of being driven from the Parliament frivolous for then they would have made use of it in their answers Further to question the word Tumult afore mentioned doe numbers of people with Petitions no way disturbing the Peace make in Law a Tumult Certainely no likewise it appeares by undeniable proofe that some of them were sollicited away from Parliament by Letters therefore the former allegation is idle For the Kings absence from the Parliament in what condition it stands The Kings absence from the Parliament by the ancient law how farre justifiable I will offer you one of the ancient Lawes of that pious Prince Edward Sir named the Confessor whose Lawes the Kings of this Nation at their Coronation sweate to observe and keep the words are these rendred in English The King ought to be present at his Parliament unlesse he be hindred by sicknesse and then he ought to be in the same Towne where the Parliament is held and his sicknesse ought to be certified by twelve Members of the Parliament a Committee for that purpose of the Lords and Commons Here appeares no cause of his absence but sicknesse justifiable and of this he himselfe is not the Judge it must be certified as you have heard What not perill of his life may some say Is that no just cause of His absence You heare the Law I have nothing to say to questions It seemes in those dayes there were no such unworthy and dishonourable thoughts in the mindes of men as to doubt the security of Parliaments unto the Regall Person since in judgement of Law if Tumults or Disorders shall happen in the Common-wealth Parliaments are best able to suppâ—â—se them and to protect both King and pâ—ople from injury and wrong Now Parliaments are the bane of Princes as they are now to â—â—ed they are now Corasives when as you see formerly they were the onely curers of all Diseases in the Body Politique The King formerly not any where safe but here now the King in His owne judgement safe any where but here flying from them as from His enemy when as it is not possible he should finde any where that which he desireth but under God even with them peace and security Be not deceived Great Prince neither fly them that pursue you not in any Hostile manner The Parliament follow you with humble Declarations and Petitions for Peace you mistake their sweet Compellations put up your Sword into the Sheath and let Peace be in our dwellings and amongst us I have a little deviated I will returne unto my selfe and I finde the King still absent notwithstanding all that hath been spoken and justifying the same Indeed there is a Statute in the time of King Henry the 8 via 33. H. 8. cap. 21. 33. H. 8. ca. 21. by which in the Kings absence from Parliament His Assent by his Letters Patents under the Great Seale shall be sufficient Here it may be alledged Object that the Kings absence from Parliament is warranted by this Statute I answer Sol. This is nothing to make the ancient Law afore recited ineffectuall for his absence here upon this Law standeth as it did before this Act not touched or medled with by this Act and therefore sicknesse continues still a cause of absence of the Kings Person from his Parliament and no other and where he might legally justifie his absence before this Statute he may still doe the same and no otherwaies And although that the use now of late times hath been Vse of no force against a law Vi. infra that the first and last day of Parliament is sufficient yet that is but use which is of no force against a Law in being as I conceive Further His Assent by this Act is limited it is onely to Acts of Parliament and no other assent is warranted Note also that to dis-assent to any matter trans-acted in Parliament it giveth him no power at all Thus you see Ex libro de ordine Parlia Editi tempâ—re Edvardi filij Regis Ethelâ— redi the Kings absence from his Parliament how it stands by the ancient Law of which I have an extract as also by latter Law you have heard likewise the absence of the Members of the Houses debated But we will Argumenti
and justice these illegall Commands notwithstanding Doth not the King arme the Papists contrary expresly to Law yea by Commissions under seale to fight against his People against his Parliament when as by 3 Jacobi ca. 5. they are to be disarmed and to beare no Armes within this Kingdome and although the King License them nay 3 Jac. ca. 5. not to be dispensed withall Command them to take up Armes as the case now is that will not aide them since the statute is for security of our Religion and our Lawes against the enemies thereof the King cannot dispence with it For the other particular That the King hath raised Armies of men to execute these illegall commands and that the Judges of the Law and of the high Court of Parliament have according to their duties upon these Statutes endeavoured these illegall forces it is plaine enough Now what say you unto these things yee that beleeve in errour and falshood Are we still rebels and traitors in your judicious opinions Fight we for the Lawes and for the maintenance of them and are not one of the actions amongst many which might here be remembred justifiable and yet are you the good Subjects and we the desperate Rebells What if you shall say We are no men that are compelled to take up Armes we serve the King voluntarily we are none of the illegall Commission of Array I answer Incidit in Scyllam qui vult vitare Charibdem you fly from one extreame to another Traitors wiâ—hin 11. H. 7. ca. 1. though attending the Kings person in the Warres voluntarily if you decline from the duty of Allegiance as it is plaine you doe from one defence illegall to another are you not punishable to goe or ride armed by Statutes formerly mentioned without any evill intentions appearing how much more then when you goe about to violate and transgresse the Lawes Your voluntary act here makes the offence the greater as for the exception of the King and his Servants in his presence mentioned in these Lawes that is nothing it will nor helpe you at all for these Lawes as I have formerly spoken intend only his servants meniall and for preservation of the Peace likewise what is this paucity of men to Armies numerous Here is no refuge for you in these Statutes we are come to Nurcules Pillars to a Ne plus ultra with our opposites we are come to so straight a passage that there is no declining either to the right hand or to the left for I thinke we have searched all the corners of errour I will pursue you no further I wish you may at length turne into the wayes of truth least that God open the mouth of the dumbe Creature to reprove the folly and madnesse since the voice of the Law moveth you not at all Hence it is apparent that the Law as supreme hath invested both King and people with that power which they have by Nationall pact and agreement The law useth a power coersive as to the Kings possessions yea is to any power illegall raised by him and therefore if transgressed they are liable unto judgement as you see it cleare in matters touching the Kings possessions though not his person and if the Law come so neare the person of the King in point of coertion as his Lands and Estate making them Subject to the Decrees and Edicts of the Law pronounced in the Courts of Justice then common reason teacheth you that the Law hath a compulsary power over all illegall forces raised by the King for the Revenues and Lands of the Crown are more necessary and incident unto the regall Dignity and are nearer conjoyned unto it in point of defence maintenance and security then any power not warranted by Law Witnesse this Case that the Lands and Revenues of the Crowne come they by discent or purchase goe to the next successour to the Crowne contrary to the rules of Law in the Subjects Case an instance of this the discent of the Crown from Ed. the 6. to Queen Mary resolved by all the Judges that the Lands of the Crowne descended to the said Queene though but of the halfe bloud to King Edward Halfe bloud hinder nâ—â— discent of the Crowne yea that the Jewels of the Crowne and personall Estate vested in the said Queene and the reason of the Law is the same before mentioned for defence maintenance and security of the Regall Dignity or Person but any illegall power raised by the King dyeth with his Person it can neither discend neither can it be disposed of by the King it hath no affinity as I may so say nor any relation to his Person yea the Law taketh no notice of it at all but with an eye of Justice so that it is manifest the Law useth a coercive power as to the Kings possessions yea as to any Armies of men or forces raised by the King without legall authority Come we then to his Person see the wisdome of the Law there also it useth no coersive power because his Person by the Divine Law is Sacred as also it is needlesse for the Law to use a compulsary power over the Kings Person seeing that his Lands and Possessions yea any illegall power raised by him are subject to the Censure of the Law What formidable thing is his Person if you take away any power from him but what is warranted by Law No need of coertion as to the Regall Person Nota. What need of coertion over his Person I speake not this to diminish the just and due rights and greatnesse of the King for the Majesty and greatnesse with which the Law hath incompassed him is in truth Majesty Et regia celsitudo illegall Magnificence makes him but a poore and weake Prince despicable even in the eyes of his People Ejus potestas as Bracton saith est juris non injuriae But to draw to a conclusion inferiour Courts of Justice have their authority to suppresse any force raised by the King Argum entu à mineri ad majuâ— if not allowed by Law as it appeareth in this Treatise that these Armies of men by the King Commanded are in no wise legall What shall we then say Shall not the high Court of Parliament have the same authority which inferiour Courts Hand-maids unto it even in time of Peace have used and exercised I am ashamed of this grosse ignorance Now you that have many tergiversations and shifts to defend errour what say you unto this declare unto the world your Cause and stay these streames of bloud amongst your Christian Brethren Publish to this Nation the blindnesse and hardnesse of their hearts convince their judgements and understandings that truth may once more flourish amongst us But if not be for ever confounded in your selves close up your lips with perpetuall silence hereafter But you may say Object How comes it to passe that these particulars have not hitherto been discovered to the world
Members of either Houses sweepes them all away from the service of the Common Wealth makes that renowned Assembly a meere desolate structure Formall causes of Parliaments The Kings negative voice in the next place as one blow takes away the formall cause of Parliaments that is to say the Laws and Government he is by this Doctrine become the Legislator onely the Members the Lords and Commons are but inconsiderable persons they fill up roomes like Pageants for shew onely they out of whose mouthes did flow the Oracles of wisedome are not now so to be reputed the Kings voice now is a Law at least if he so please no law shall be enacted the concurrence of the Prince in establishing any Law be it never so necessary is now but a politicke mercy or a mercifull policy as some write not without great perill to be altered but simply to binde the Prince to ratifie or confirme any Law is repugnant to Monarchy Me thinkes I see this great Body Politick being desperately wounded with illegall pressures ready to expire call for her Phisitians to minister wholsome Medicines unto her Alas they cannot come they are slaire with the Sword they are imprisoned they stand at the Seat of Judgement if not capitall The Phisick that should be given unto her Nota. those Cordiall and Medicinall laws for â—he restitution of health see what is likewâ—se become of them This little worme at the root of Government a negative voice devoures all this sweet smelling and amiable Rose hath at the root a Worme which consumeth all whatsoever affordeth delight or comfort Quid delubra juvant est mollis flama medullas What doe the high towred conceits of Parliaments availe this soft fire consumeth by degrees Quod non violento synus Aestu ex'unt That which the great combustions the rage of fire and sword could not accomplish it wasteth thy very marrow and spirits I meane the foule enlivening Lawes but this onely by way of supposition Thus you see the Tree by its fruit The efficient and finall causes of Parliaments we will joyne together Efficient cause of Parliaments the efficient cause of calling Parliaments is the urgent affaires of the Kingdome as the words of the Writ are for the calling of Parliaments not the issuing of the Writ by the King that is onely instrumentall and you may see by the ancient Law of this Land Parliaments are to be called so often as need shall require 4 E. 3. 14. 36. E. 3. 10. by two Statutes in the Raigne of Edw. 3. Parliaments are to be holden once in every yeare and oftner if need shall be Statutes for ought that I know yet in force With what face then can these stupid ignorant Advocates on the other part proclaime to the world the passing of this Bill for Trienniall Parliaments an Act of transcendent grace and favour when you see it is an Act of right and justice to call them once every yeare yea oftner if need shall require Object But me thinkes I heare it whispered Thâ— this Act for Trienniall-Parliaments is an Act of speciall grace and favour notwithstanding any thing yet spoken as appeares by the very words of the Act for by this Statute it is provided That in case the King shall not issue forth Writs for the calling of Parliaments within the time prefixed by the Act that then every County and Barrough shall have power to proceed to election of their Knights and Burgessâ—s in such manner as the Act hath appointed Also it appeareth further that this Sâ—ssion of Parliament so to be called shall continue for the space of fifty daies without any power in the King to dissolve it Not calling Parliaments or when called the power of dissolution no Prerogative because against these statutes Vi. Devant in le prerogative Parliaments to be called without the King yea when called not to be dissolved by him for such a time Sure Regall Prerogatives conferred on the Subject I answer Even as the Sunne disperseth the mists of the night so in the presence of truth all these foggy vapours of errour will suddainely vanish Sol. for as to the first the calling of Parliaments doth it not appeare that they are to be holden once every yeare yea oftner if need shall be by two ancient Statutes yet in force Nota. Which Statutes amongst other good Lawes the King at his Coronation sweareth to observe and keepe How can Parliament be holden if not called therefore the King is bound of right to call them For the second That they shall not be dissolved for fifty daies by the King I answer Parols font plea as the Lawyers say Are not the words Parliaments shall be holden once in every yeare Holding of Parliaments implies continuance of them Is the dissolution of Parliaments a holding of them within the letter or sence of either of these Lawes Nay further I say Nota. They shall be holden that is to say By the ancient law of Edward the Confessor the Parliament ought not to be determined before every bill put in to be discussed 〈◊〉 for difficulty adjourned otherwise c. Finall cause of Parliament continued not for fifty daies but for fifty yeares for ought that I know within the very words of either of these Lawes if the affaires of the Kingdome shall so require for otherwise they are not holden Cum effectu as these Statutes intend plainly to any mans judgement that is rationall Thus you see an end a dissolution of these malignant Objections but no dissolution of Parliaments I hasten the finall cause of Parliaments is to make good lawes to redresse grievances to procure peace but alas the Dove brings not to us the Olive branch of Peace the voice af the Tirtle is not heard in our Land but the waters and inundations are increased so high that they have even drowned the Arke of God the Peace of God both in Church and Common Wealth the urgent affaires of the Kingdome are laid aside Me thinks the answer of Jehu in the Scripture is very pertinent to our purpose No peace so long as sinne aboundeth What hast thou to doe with peace turne thee behind me What peace so long as thy abhominations continue and are so many The bloud of so many of the Saints shed and spilt upon the ground doth cry for vengeance and the wrath of God is incensed against us Note these particulars Observe judicious Reader from this precedent discourse these few particulars apparent and unanswerable and as the very minde of the Author of this worke reflect and contemplate thereupon The first is That the root and originall of all these troubles was the Kings disserting the Houses of Parliament under pretence of Tumult and in security of his Person but the truth is evident enough it was because he could not prevaile in that evill Counsell which then was given him upon suggestion of I know not what crimes to take