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A44754 Some sober inspections made into carriage and consults of the late Long-Parliament whereby occasion is taken to speak of parliaments in former times, and of Magna Charta, with some reflexes upon government in general.; Som sober inspections made into the cariage and consults of the late Long Parlement Howell, James, 1594?-1666. 1656 (1656) Wing H3117; ESTC R2660 73,993 193

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hand the pourport whereof onely was that the King would releeve their necessities they desired the intercession of my Lord Craven herein but he with a civil Complement declined the business for he was not fit to do them service because as he said he was neither Courtier nor Servant to the King Hereupon Faulkner being offended both with King and Craven in a passion said as 't was proved This it is to follwo a thing called King dam me I 'le to England and do all the mischiefe I can Being come to London he forg'd another Petition wherein there were scandalous words against the Parliament viz. That they were barbarous inhumane villains Then going with a Confident of the Parliaments who fed him with Money to go on in his design He made an Affidavit upon Oath that the foremention'd Officers at Breda shewed this very Petition to the Lord Craven who read it and delivered it to the King both which was damnably false As soon as this Deposition was reported to the House they presently voted a Confiscation of all the Lord Cravens Estate He being then neer upon a thousand miles off in Germany and no soul appearing for him nor could any on his behalfe procure a Copy of Faulkners deposition Craven having notice herof he sent a most humble Petition to the Parliament declaring his innocence which Petition was sent in the Dutch Ambassadours Packet who delivered it accordingly but it was denied to be read in the House because there was none present who could testifie they did see the Lord Craven subscribe it He sent afterwards another Petition but it was seven Months before it could be read in the House In the mean time his estate had been sequestred his woods cut down and other spoils done His Agents here to invalidate the Affidavit of Faulkner indited him of Perjury which was clearly proved in open Court and the original Petition was produced which was written by Faulkner himselfe wherein there was not one syllable that spoke of the Parliament There was legal proofe also made that Craven had nothing to do with that Petition This Inditement of perjury being found against Faulkner by the grand Jury the Parliament was informed therewith yet neretheless a Bill passed for sale of the Lord Cravens Estate and Surveyors sent accordingly to the Country Faulkner being thus convicted of Perjury it was prov'd also in Court what a nefarious Atheistical and most wicked fellow he was both in his words and actions how he had nothing more common in his mouth then dam me blood and wounds and buggering of his Soul to Hell It was proved that at Petersfield he drank a health to the Divel and that he should say our Saviour was a Bastard and but a Carpenters son carrying a basket of tools after his Father The Parliament was acquainted with all this and divers earnest and sedulous applications that possibly could be made were used but nothing would prevail The Lord Craven finding the House so inexorable and obdurate rather then so fair an Estate should bee canconiz'd and squandred into so many hands he proposed by way of humble Petition that the House would punish him by way of pecuniary mulct and there were two able Knights attending the Door ready to undertake the payment thereof which motion the Lord General now Lord Protect●r did most nobly advance yet all would not do but the Surveys of the Estate being return'd the Bill of Sale was compleated and some of the Members of the House stepp'd in with the first to buy the flour of his Lands to the value of 6000 l. per annum as appears by the contracts made at Drury House in their own names That goodly house at Causam near Redding being in excellent repair was bought by some who for greedy lucre and gain utterly defac'd it they pull'd down the Wainscot Stair-cases Lead Iron and all other materials about the House which had cost above 20000 l. yet they gave the Common-wealth but little above 1500 l in monies for it the price of Debentets therein also included Polyander Truly Sir it was one of the hardest peeces of injustice I ever heard of that such a Princely Estate for I heard by divers that had the Lord Craven injoy'd it to this day it would have amounted to above 20000 l. per annum a Revenue that I know some Soveraign Princes come short of I say it was a sad thing that by the single testimony of one man and he such a perjur'd notorious villain as it was apparently proved such an Estate should be destroy'd Philanglus A sad thing indeed but besides those pregnant proofs which were produc'd and made good in open Court that abhominable wretch being lately upon his death bed in the Kings Bench confess'd all under his hand and what monstrous wrong he had done the Lord Craven But I will proceed now to the other Instance I promis'd you The unlucky War 'twixt King and Parliament being begun about the Commission of Array the City of Exceter was beleaguer'd by Sir T. Fairfax which at last rendred her self upon Article it chanc'd Sir Jo. S●awel was then in the Town A full agreement being made the Capitulations sign'd and seal'd and the place yeelded Sir John came to London in due time to reap the benefit of the Articles which were solemnly confirm'd and ratified by both Houses of Parliament Now two of those Articles were that no Oath Covena●t Protestation or Subscription should be impos'd upon any person compriz'd within those Articles but onely such as should bind them from bearing Arms for the future against the Parliament 2. That all persons compriz'd in those Articles having made such a subscription should be admitted to a moderate Composition which was not to exceed two yeers value of any mans real estate c. Sir John Stawel having subscrib'd accordingly and brought a Copy of his Subscription as also a fair Certificate from Sir Tho. Fairfax that he was compriz'd in Exon Articles made his addresse to Goldsmiths Hall and producing the said Certificate and Subscription He Petition'd that hee might be admitted to compound according to Article The Commissioners answered that hee was not capable of Composition unlesse he would take the Covenant and Negative Oath whereunto he modestly repl●'d that there was no Article for that but rather è contrario whereupon hee was not onely barr'd of his Composition but he was sent Prisoner to Ely house Afterwards by the sole order of the House of Commons he was committed to Newgate for high Treason in levying War against the Parliament where he continued almost four yeers in which time he was several times i●dited of Treason and twice arraign'd at the K. Bench Bar for his life Then was he remov'd from Newgate to the Tower and kept close Prisoner whence hee was several times convented before the High Court of Justice which had been newly erected who after many daies trial would neither sentence him nor acquit him but
duty to study the welfare to complain of the grievances and hav● the defects supplyed of that place fo● which he served The Bourgesse of 〈◊〉 studied to find out something that mough● 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 tha● the Burgesses are more in number then the Knights of Shires for the Knights 〈◊〉 Shires are commonly Gentlemen we● born and bred and divers of them verse● in forraign governments as well as the Law● of the Land But the Burgesses of Town● are for the most part all Trades-men and being bred in Corporations they are more inclining to popular governmen● and democracy Now these exceeding th●Knights in number carry all before then by plurality of voices and so puzzle the proceedings of matters But now tha● I have mentioned Corporations I must 〈◊〉 you that the greatest soloecism in the polic● 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 sprea● 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 i● 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 fe● 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 deliberativ● pa●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 Cap●t Principum finis He is the head he is the beginning and ending the Alpha and Omega of Parliaments Pol●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 consen● 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
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 Ha●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 serv●n●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 Cur●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 Londo● 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 d●lity of his people whereof they were the Representatives Therefore he wished them to go roundly on to close up the Ruptures that wer● 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 canc●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 d●●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 Bastw●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
Parliament And we ingage our selves further not to obey any Rules Order or Ordinance whatsoever concerning any Militia that hath not the Royall Assent To this was subjoined another We whose na●es are under written in obedience to his Majesties desire and ou● of the duty we ow to his honour and to truth being here on the place and witnesses of his Majesties frequent and earnest Declarations and Professions of his abhorring all designs of making war upon the Parliament And not finding any Councels that might reasonably beget the belief of any such design We do promise before God and testifie to all the World that we are fully perswaded his Majesty hath no such intention but that all his indeavours tend to the ●●rm and constant settlement of the true Religion and the just priviledges of Parliament the Lib●rty of the Subject with the Laws Peace and Prosperity of this Kingdom But all this would not serve the turn for neither Parliament nor people would give credit to any thing that drop'd from King or Peers specially the City of London where the Presbyterians played their parts notably by inciting the people to a War for preventing the introduction of Slavery and Sup●rstition so unusual voluntary collections were made both in Town and Country the Seamstress brought in her silver thimble the Chamber-maid her Bodkin the Cook his silver spoon the Vintner his Bowl into the common Treasury of War and they who contributed to so pious a work were invited more then others in some Churches to come to the Holy Communion in the very time of administration And observed it was that some sorts of Females were freest in those contributions as far as to part with their Rings and earings as if some Golden Calf were to be molten and set up to be idolized which prov'd true for the Covenant a little after was set up which may be said to have been a kind of Idol as I shall make it appear hereafter Thus a fierce funestous civil War was a fomenting in the very bowels of England which broke out into many storms and showers of blood The fatal Cloud wherein this storm lay long ingendring though when it began to condense first it appeared but as big as a hand yet by degrees it did spread to such a vast expansion that it diffused it self through the whole Region and obscur'd that fair face of Heaven which was used to shine upon this part of the Hemisphere The King fell to work then in good earnest and made choice of the Earl of Linzey for General of the Infantry which choice was generally cried up of all Prince Rupert was made General of the Horse but that election did not find such an applause The first incounter that Prince Rupert had with his Godfather the Earl of Essex was near Worcester where he defeated some of the flower of the Parliaments horse The King having remov'd from Nottingham to Derby and so to Strafford his forces increas'd all along but passing by Chartly the Earl of Essex house the Souldiers hop'd to have had some plunder there but a strict command was given by the Kings own mouth that nothing should be touch'd not as much as a Buck whereat their teeth 〈◊〉 water as they march'd through his Park So he came to Shrewsbury where the Co● kept above a month at which time the Army multip●i'd exceedingly to neer upon ●o M● men and the Welchmen coming so thic● down the Mountains did much animate th●English From Shrewsbury the King took a reso●●tion to remove to Oxford but after seve●● dai●s tiresome march hee understood the Parliaments Army were within six mile of him so he went out so far to find the● out and fac'd them on a Sunday mornin● from Edg● Hil as they lay in Kinton field● where their Colours were displayed A sight of the Royal Army they discharge some peeces of Ordnance in Defiance so both Parties prepared for Battel a●● the Sun had declined above two hours the afternoon before the Cannons a● Kings Infantry could get into the bottom Being put there in a fighting posture and having the wind favourable the King gave command to let fly the Cannons to begin Battail Thus a most furious Engagement began which lasted about three houres till night parted them and some old French and German Commanders who were there employed in the Royal Army reported afterwards they never saw such a manful fight in all their lives Prince Rupert springing ore a low hedge lind thick with the enemies Musqueteers pursued their Horse very far and did notable execution upon them all the way and had he not worried them so far and deserted the Infantry or had not his German Souldiers fallen a plundring too soon matters might have gone better with the King Polyander I heard it reported that this Battail was fought just the same day twelve month that the Rebellion and Massacre began in Ireland It was so being the 23. of October a day fatal for blood Now though this Battail of Edg-Hill may be said to be sudden inexpected and unpitched yet for position of ground 't was fought in as indifferent and a fit place for a battail as possibly could be lighted upon for the Combatants had scope enough to fight and the Spectators whereof there were multitudes upon the rising adjacent grounds might behold all as plainly as a Tragedy acted upon a Stage or Cock fighting in a Pit The Parliaments Army had the advantage of the Kings in point of Infantry who were very good Fire-locks most of them having been trained up in London and so left their Wares to follow the Wars They had also the advantage of the King in point of Arms for scarce three parts of four were Armed in his Army But for Cavalry the Royalists had the greater advantage for the flower of most of the English Gentry was there in so much that the life-Guard of the Kings was computed to above one hundred thousand pounds sterling of yearly Revenue About the evening of the day following both parties retired from the field the Parliaments back towards Northampton the Kings to their former road towards Oxford and in the way they took Banbury where there was a strong Garison for the Parliament which sure as the Cavaliers gave out the Earl of Essex had preserved had he been then Master of the field After this battail of Edge-Hill there happened diverse other traverses of war 'twixt King and Parliament for about four years in which revolution of time there were more skirmiges and battails fought then happened in those last thirty years wars of Germany or fourscore years wars 'twixt Spain and Holland Polyander This shews that the English have still the same old innated valour that they had when they made the gray Goose wing fly through the heart of France which made Comines one of their greatest Authors to confe●s that no Nation is more greedy of battail and more impatient of delayes that way then the English