all the marks of Majesty nay they did arrogate to themselves the Legislative and Supreme power Polyander But doth not the Supreme Power reside â—n the English Parlement which is an Epiâ—ome and Representative of the whole Nation Philanglus I will not resolve you in that till I acquaint you with the Pedigree primitive institution of Parlement which I will endeavour to do as succinctly as I can but in regard that our Parlement was erected at first in imitation of the Assembly of the three Estates in France in which Government you are so well vers'd I pray do me the favour as give me a touch of the mode of France in those publick Assemblies and then I shall apply my self to satisfie you touching English Irish and Scots Parlements having in some measure studied the case Polyander In France the Kings Writ goeth to the Bayliffs Seneschals or Stewards of liberties who issue out warrants to all such ashave fees and lands within their Liberties as also to all Towns requiring all such as have any complaints to meet in the principal City there to choose Delegats in the name of the Province to be present at the generall Assembly Being met at the principal City of the Bayliwick the Kings Writ is read and so the Delegates are elected and sworn Then they consult what is to be complained of and fit to be proposed to the King whereof there is an Index or Catalogue made which is delivered to the Delegats to carry to the General Assembly All the Bayliwicks are divided to twelve Classes but to avoid confusion and to the end there may not be too great a delay in the Assembly by gathering of the voyces or suffrages every Classis compiles a brief or Book of the grievances and demands of all the Bayliwicks within that Classis then these Classes at the Assembly compose one general Book of the grievances and demands of the whole Kingdome This being the order of the proceeding of the Comminalty or third Estate the like order is observed by the Clergy and Nobility so when the three books or Cahiers as they call them for the three Estates are perfected then they present them to the King by their Presidents in the open great Assemby The first who presents the Cahiers is the President of the Clergy who begins his Harang or Oration on his knees but at the Kings command he stands up and â—o proceeds bareheaded The President â—or the Nobility speaks next in the like manner But the President for the Commons begins and ends his Oration on his knees whilst the President of the Clergy speaks the rest of that order rise up stand bare till they are bid by the King to sit down and be covered and so the like for the Nobility but whilst the President for the Comminalty speaks the rest are neither bid to fit or to be covered The grievances and demands being thus all delivered at once and left to the King and his Privy Councel without further debate or expence of time the General Assembly of the three Estates endeth expecting afterwards such a redresse to their grievances as the King and his Councel shall think fit Philanglus These proceedings of France are not much unlike the ancient usage of this Kingdome for many ages when all Laws were nothing else but the Kings answers to the Petitions presented to him and his Councel as is apparent by many old Statutes and the confession of Sir Edwarâ— Coke and now to acquit my self of my former engagement unto you I will impart unto you the manner and power oâ— the Parlements of Great Brittain and Ireland I confesse 't is more properly the businesse of a Lawyer which I am none otherwise then what nature hath madâ— me so every man is a Lawyer and 〈◊〉 Logitian also who was the first Lawyer as he is born the child of reason foâ— Law and Logic are meerly founded upon reason This discoursive faculty of Reason comes with us into the world accompanied with certain general notions and natural principles to distinguish right from wrong and falshood from truth But before I come to the English Parlement a word or two of the Parlementâ— of Scotland and Ireland In Scotland about three weeks before the Parlement begins Proclamation is made throughout the Kingdome to deliver unto the Kings Clerk or Master of the Rols all bils to be exhibited that Sessions then are they brought to the King and perused by him and only such as he allows are put in the Chancelors hand to be proponed in Parliament and no others and if any man in Parlement speak of any other matter then is formerly allowed by the King the Chancelor tels him there is no such bill allowed by the King When they have passed them for laws they are presented to the King who with the Scepter put into his hand by the Chancelor ratifies them but if there be any thing the King mislikes they raze it out before The Parlement in Ireland is after this manner No Parlement is to be held but at such a season as the Kings Deputy there doth certifie the King under the Great Seal of the land of the causes considerations and necessity of a Parlement The causes being approved of by the King a Licence is sent under the broad Seal of England to summon a Parlement in Ireland provided that all such bils that shall be proposed there in Parlement be first transmitted hither under the Great Seal of that Kingdome and having received allowance and approbation here they shall be put under the Great Seal of this Kingdome and so return'd thither to be passed in that Parlement this was called Poinings Act in the time of King Philip and Mary Having thus given a concise account of the usage of Parlement in our neighbour Kingdomes I will now passe to that of England Every Freeholder who hath a voice in the election of Knights Citizens and Burgesses to sit in Parlement ought to know well and consider with what power he trusts those whom he chooseth in regard the power of the House of Commons is derived from that trust Now that which gives authoritie for the Freeholders to make their election is the Kings Writ directed to the Sheriff of the County in which is expressed not only the Sheriffs duty in point of summoning but the Writ contains also the duty and power of such Knights and Burgesses that shall be elected therefore to know the full extent of the power of Parlement you must have an eye and observe well the words of the Writ for the Freeholders cannot transfer a greater power then is compriz'd in the Writ to those that they appoint their servants in Parlement The Writ being us'd to be in Latin few Freeholders God wot understood it or knew what they did I will faithfully render the said Writ to you in English The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Council for
was the greater Fool to grant it or they the greater knaves to ask it But the saying of the late Earl of Dorset is remarkable who saluted the King the next morning with the stile of fellow Subject in regard that by that grant he had transferred both Crown Sword and Scepter to the Parliament for now we may say that England hath four hundred and odd Kings in her But t is observed that Princes of a hard destiny do follow the worst Councils But Sir in lieu of these monstrous Acts of Grace and trust what did the Parliament all this while for the King Philanglus They promised specially upon the passing of the last Act that they would make him the most glorious the best beloved and richest King that ever reigned in England which promise they voted and confirmed with the deepest protests and asseverations that could be Adde hereunto that the Earl of Strafford was passed over unto them who after a long costly tryal was condemned to the Scaffold and so made a Sacrifice to the Scot and them who stayed chiefly for his head Polyander Touching the Earl of Strafford 't is true he was full of ability courage and Elocution yet I heard his wisdom questioned beyond Sea in divers things First that having a charge ready against his chiefest Accusers yet he suffered them to take the start of him and have priority of suit which if he had got he had thereby made them parties and so incapable to proceed against him Secondly that during the time of his tryal he applyed not himselfe with that compliance to his Jury as well as to his Judges for he was observed to comply only with the Lords and slight the House of Commons Lastly that knowing he had both Parliament and Scot his enemies as also the Irish he would not go aside a while and get beyond Sea which he might have easily done from York in lieu of coming up to London Philanglus I beleeve his death was resolved upon before his comming from York if not by ordinary way of justice yet by way of publique expedience which appears in regard the proceedings against him was by a clause in the Act not to be produced for a leading case for example to future ages and other inferior Courts Good Lord how the rabble of the City thirsted after his death who were connived at and countenanced by the Parliament it selfe to strut up and down both before White Hall and Westminster Hall where they cryed out that if the Common Law failed Club Law should knock him down nay their insolency was permitted to swell so high that they demanded the names of those Lords who would not doom Strafford to death Polyander Is it possible that the grave and solemne high Court of Parliament should permit such popular insolencies to be committed before their faces Philanglus Yes and notwithstanding that the Lords did often solicit the House of Commons to take a course for suppressing them yet 't was not hearkened unto nay when the King had commanded a double guard of Constables and Watch-men which is the usual way by law to attend at Westminster Hall for suppression of such disorders the Commons cryed out that it was a breach of the privileges of the House and a trenching upon their liberties so they took afterwards a band of Souldiers to guard them of their own election which was never known before Polyander Me thinks that the Earl of Strafford being gone fair weather should have followed he was the cause of the tempest being thus thrown over board Philanglus 'T is true the Scots were dismissed a little after having Fidlers fare Meat Drink and Money for eleven Months together in England with Straffords head to boot So the King prepared to go for Scotland according to Articles to hold a Parliament there This fill'd the house of Commons with odd kind of jealousie therefore they cast about how to prevent the journey so they did beat their brains night and day about it so far that they sate upon Sunday in debate but with another proviso that it should not be made a Precident for future ages as the other Caveat was for their proceedings against the Earl of Strafford Well the King went to his Scots Parliament where he fill'd every blank for they did but ask and have He granted them what possibly they could propone in point of governing both for Kirk and State many received new honors they made havock and divided all the Bishops Lands amongst them for all which unparallel'd Concessions and Acts of grace as an argument of gratitude they caused an Act though already in force to be publish'd and reviv'd That it should be detestable and damnable treason in the highest degree that could be for any of the Scots Nation conjunctly or singly to levy Arms or any Military forces upon any pretext whatsoever without the Kings royal Commission but how the Scot observed this solemn Act afterwards the World knows too well During the Kings being in Scotland that formidable hideous Rebellion in Ireland broke out which the Irish impute to the English Parl. First in regard that one of their accusations against Strafford was that he used the Papists in that Kingdom too favourably Secondly for the rigorous proceedings intended by the said Parliament against the English Catholicks Thirdly for design the English Parliament had to bring the â—utch and the Scot to plant in Ireland the last of whom the Irish do hate in perfection above all other Nation and Lastly the stopping of that Irish Regiment of cashiered Souldiers which the King promised by Royal Word and Letter to the King of Spain who relying upon that imploiment which was denied them by order from the English Parliament rather then to begg steal or starve they turned Rebels Polyander Indeed I heard that Act of staying the Irish forces much censur'd abroad to the dishonour of the King of England and reproach of the Parliament considering hoâ— the Marquis de Velada and Malvezzi and Don Alonzo de Cardenas who were all three Ambassadours here for the King of Spain at that time having by dependance upon the sacred word and Letter of a King imprested money and provided shipping for their transport which came to a great charge but I pray be pleased to proceed Philanglus The King having setled Scotland was his return to London received with much joy but though he was brought with a kind of Hosanna into one end of the Town he found a Crucifige at the other for at Westminster there was a Remonstrance fram'd a work of many weeks and voted in the dead of night when most of the moderate and well-minded members were retir'd to their rest in which remonstrance with as much industry and artifice as could be all the old moats in government were expos'd to publick view from the first day of the Kings inauguration to that very hour Polyander How could this agree with the Protestation the House did make formerly
certain arduous and urgent affairs concerning us the State and defence of our Kingdom of England and the Anglican Church We have ordained a certain Parliament of ours to be held at our City of the day of next ensuing and there to have conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at the next County Court after the receit of this our Writ to be holden the day and place afore said you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizen of every Borough two Burgesses of the discreetâ—r and most sufficient to be freely and indifferâ—ntly chosen by them who shal be present aâ— such Proclamation according to the tenor of the Staâ—utes in that case made and provided And the â—ames of the said Knights Citizens and Burâ—esses so chosen to be inserted in certain Inâ—entures to be then made between you and those â—hat shall be present at such election whether the parties so elected be present or absent and shall make them to come at the said day and place so that the said Knights for themselves and for the County aâ—oresâ—id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Borâ—ughs may have severally from theâ—â— full and sufficients power to do and to consent to those things which then by the favor of God shal there happen to be ordain'd by the Common Council of our said Kingdom concerning the business aforesaid so that the business may nâ—t by any meanâ—â—â—main undoâ— for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we wilâ— not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the saiâ— Election being made in a full County Court You shall certifie without delay to us in our Chancery under your Seal and the Seals of them which shall be present at that Election sâ—nding back unto us the other part of the Indenture aforesaid affiled to these presents together with the Writ Witnesse our self at Westminster This Commission or Writ is the foundation whereon the whole Fabrick oâ— the power and duty of both Houses oâ— Parliament is grounded The first Hourâ— is to parly or have conference and to treat with the King the other house is onely to do and consent unto what the other shall ordain by their help and conference so that by this Writ we do not find that the Commons are called to be any part of the great Council of the Kingdom or of the Supream Court of Judicature much less to have any share in the Legislative power or to consult de arduis regni negotiis of the difficult businesses of the Kingdom but onely to consent and Sir Edward Cook to â—rove the Clergy hath no voice in Parliament useth this argument that in their Writ also the words are to come thither adâ—onsentiendum to consent to such things as â—ere ordained by the Common Council of the â—ingdom but the other word ad facienâ—um to do is not in their Writ action being â—ot so proper for them in regard of their â—lerical functions Polyander Then it may be well inferred from what â—ou have produced that the King with the â—elates and Peers is properly the Common â—ouncil of the Kingdom Philanglus Yes without controversie nor until the raign of Henry the first were the Commons called to the Parliament at all or had as much as a consent in the making of Laws Camden in his Britannia teacheth us that in the times of the Saxon Kings and the ensuing ages that the great or Common Council of the land was Praesentia Regiâ— Praelatorum procerumque collectorum the presence of the King with his Prelates and Peers Selden also tells out of an old Cronicle of the Church of Liechfield that Kinâ—Edward by the advice of his Council of Baronâ— revived a Law which hath lain dormaâ— threescore and seven years in the samâ— Chronicle tis said that William the Coâ—â—querer held a Council of his Barons An. 〈◊〉 Regni sui apud Londinias The next yeâ—â— after he had a Council of Earles and Baroâ—â— at Pinendâ—n Heath to decide the great coâ—troversie 'twixt Lanfraâ—t Arch-Bishop 〈◊〉 Canterbury and Odo Earl of Kent In the 21. of Eaward the third there 〈◊〉 mention made of a Parliament held 5. 〈◊〉 questoris wherein all the Bishops of 〈◊〉 land Earâ—s and Barons made an Ordinaâ—â—â— touching the Exception of the Abby of 〈◊〉 from the Bishops of Norwich In the second year of William 〈…〉 there is mention made of a Parliament 〈…〉 cunctis Regni principibus In the 〈…〉 of his raign there was another Parliament at Rockingham Castle Episcopis Abbatibus cunctisque Regni principibus coeuntibus wherin the Prelates Abbots and all the chiefe men convened in Council At the Coronation of Henry the first all the people of England were called and Laws were then made but it was as the story saith per Commune Concilium Baronum In the third year the tenth year and the twenty third year of his reign the same King held a Parliament or great Council of his Barons spiritual and temporal Henry the second in his tenth year had a Parliament at Clarindon consisting of Lords spiritual and secular in his twenty second year he had another at Notingham and a while after another at Winsor then another at Northampton wherein there is mention made onely of Prelates and Peers Richard the first after him held a Parliament at Notingham in his fifth year consisting of Bishops Earles and Barons which lasted but four days during which time there were mighty things transacted Hugh Bardelf was deprived of the Castle and Sheriffswick of York the first day the second day he had judgement against his brother Johu who was afterward King the third day there was granted the King two shilling of every plowd land in England he required also the third part of the service of every Knights fee for his attendance to Normandy and all the Wool of the Cistercian Monks The fourth day was for hearing of grievances so the Parliament broke up but the same year he convokeâ— another Parliament of Nobles at Northampton King John in his first year summoned 〈◊〉 Magnates his great men to a Parliament aâ—Winchester and the words of the Roll 〈◊〉 Commune Concilium Baronum Meorum the Common Council of my Barons at Winchester In the sixth year of Henry the third the Nobles granted the King for every Knight fee two marks in silver at a Convention iâ— Parliament he had afterwards Parliaments at London Westminster Merton Winchester and Marlborough Now these Precedents shew that from the conqust untâ—â— a great part of the reign of Henry the thirâ— in whose dayes 't is thought the Writ 〈◊〉 election of
Knights was framed first the Bâ—rons onely made the Parliament or Commoâ— Council of the Kingdom Polyander By so many strong evidences and prenant proofs which you produce I find it to be a â—â—ridian truth that the Commoners were no part of the High Court of Parliament in ages passed Moreover I find in an ancient Manuscript that the Commons were reduced to a House by the advice of the Bishops to the King in the brunt of the Barons Wars that they might allay and lesson the power of the Peers who bandied so many yeers against the Crown yet to prevent that they should not arrogate too much authority to themselves as Asperius nihil est humili cum surgit in altum it was done with those cautions thâ—â— they had scarce as much jurisdiction given them as a Pyepowders Court hath for they should neither exhibit an oath nor impose fine or inflict punishment upon any but their own members or be a Court of Record or grant Proxies therefore it may well be a quere how they can appoint Committees considering that those Committee-men whom they choose are no other then their Deputies and act by power and proxy from them But it is as cleer as the Sun that the Conquerour first brought this word Parliament with him being a French Word and made it free Denizon of England being not known before for therein the Normans did imitate the Romans whose practise was that wheresoever they conquered they brought in their language with the Lance as a mark of conquest I say that besides those instances you produce I could furnish you with many in the Saxons times who govern'd by the councel of the Prelates and Peers not admitting the Commons to any communication in affairs of State There are records hereof above a thousand yeer old in the Reign of King I a Offa and Ethelbert and the rest of the seven Kings during the Heptarchy They called their great Councels and Conventions then Michael Smoth Michael Gemote and Witenage Mote wherein the King and Nobles with the Bishops onely met and made laws that famous Convention at Gratley by King Athelstan was compose'd onely of Lords spiritual and temporal such also was that so much celebrated Assembly held by Canutus the Dane who was King of England Denmark and Norway Edward the Confessor established all his Laws thus and he was a great Legislator The British Kings also who retain'd a great while some part of this Island unconquered governed and made laws this way by the sole advice of their Nobles whom they call Arglwyded witnesse the famous Laws of Prince Howel called Howel Dha the good King Howel whereof there are yet extant some Welch records and divers of those Laws were made use of at the compilement of Magna Charea But in your discourse before among other Parliaments in Henry the third's time you make mention of one that was held in 55 of his reign at Marlbourough at which time Braston the great Lawyer was in high request being Lord Chief Justice They that would extenuate the Royal Prerâ—gative insist much upon a speech of his wherein he saith The King hath a Superiour God he hath also the Law by which he is made as also the Court viz. the Earls and Barons but not a word of the Commons But afterwards he doth interpret or rather correct himself when speaking of the King hee resolves thus Nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat emenâ—et cùm superiorem non habeat nisi Deum satis erit ei ad poenam quòd Dominum expectet ultorem Nor saith he can any man put a necessity upon the King to correct and amend his injury unlesse he wil himself since he hath no Superior but God It will be sufficient punishment for him to expect the Lord for his avenge To preserve the honour of this great Judge the Lawyers found out this distinction That the King is free from the coerâ—ive power of Laws and Councellors but he may be subject to their directive power yet according to his own will and inclination that is God can onely compel or command him but the Law and his Courts may onely advise and direct him but I pray Sir excuse me that I have so much interrupted you in your discourse You may please now to proceed Philanglus To prove my assertion further that the Commons were no part of the high Court and Common Councel of England I will make use of the testimony of Mr. Pryn who was in such high repute most part of the late long Parliament and appeared so eageâ— for the priviledge and power of the lower House In his Book of Treachery and disloyalty he proves that before the Norman Conquest by the Laws of Edward the Confessor the King was to do Justice by the Councel of the Nobles of his Realm he would also prove that the Earls and Barons are above the King and ought to Bridle him when he exorbitates from the law but not a syllable of the Commons He further tels us that the Peers and Prelates have oft translated the Crown from the right Heir whereof out of his great reading he urgeth divers Examples First after King Edgars decease they crowned Edward who was illegitimate and put by Ethelred the right Heir Then they crowned Canutus a meer forraigner in opposition to Edmund the lawful Heir to Ethelred Harold and Hardicanute were both elected Kings successively without just title the Lords putting by Edmund and Alfred the rightful Heirs Upon the death of Herold the English Nobility enacted that none of the Danish blood should raign any more over them Edgar Atheling was rejected by the Lords and though he had the best title yet they elected Harold He goes on further in prejudice of the Commons saying that the beginning of the Charter of Henry the first is observable which runs thus Henry by the Grace of God King of England c. Know ye that by the mercy of God and Common Council of the Barons of the Kingdom I am crowned King Mawd the Empress was the right heir but she was put by the Crown by the Prelates and Barons and Steven Earle of Mortmain who had no good title was heav'd up into the Throne by the Bishops and Peers Lewis of France was Crowned King also by the Barons instead of King John and by the same Barons was uncrowned and sent back to France In all these high transactions and changes Mr. Pryn confesseth the Commoners had nothing to do the despotical and ruling power as well as the consultative being in the Council of Prelates and Peers and if Mr. Pryn could have found halfe so much Antiquity for the Knights Citizens and Bourgesses without question we should have heard from him with a witness but while he converseth with Elder times he meets not with so much as the names of Commoners in any record Polyander How then came the Commoners to sway so much
of late years and challenge such an interest in the publique Government and making of Laws Philanglus It is a certain truth that in former ages the Kings of England as well Saxons Danes Normans and English Kings did steer the course of their government by the advice of their own Privy Council and in extraordinary cases by the compasse of the great Council consisting onely of spiritual and secular Barons whom they convoked by royal summons when they pleased I told you this word Parliament came in with the Norman yet the Commons were not call'd to Parliament till that raign of Henry the first which was a good while after the Conquest to which purpose Sir Walter Raleigh writes saying it is held that the Kings of England had no formal Parliaments till about the 18. year of Henry the first at which time the Commons were summoned and the great Charter was granted and if we believe Sir Walter Raleigh and others the House of Commons and Magna Charta had first but obscure births being sprung from userpers and fostered afterward by rebellion for King Henry the first did but usurp the Kingdome and therefore to secure himself the better against Robert his eldest brother he courted the the Commons and granted them that great Charter with Charta de Foresta which King John confirmed upon the same grounds for he was also an usurper Arthur Duke of Britain being the undoubted Heir of the Crown so the house of Commons and these great Charters had their original from such that were Kings de facto not de jure Polyander It is observed that usurpers are commonly the best Law makers which they do to ingratiate themselvs the more to the people as besides these Kings you have named Richard the third did who was said to be a good King though a bad man a character clean contrary to that I heard some abroad give of the last King who they said was a good man but an ill King but I pray be pleased to proceed Philanglus Whereas I told you before that it was in the raign of Henry the first that the people were admitted to the Common Council of the Kingdome yet they were not constantly called for though the said King called them to his Coronation and againe in the 15. or 18. year of his reign yet he did not so alwayes neither many of those Kings that succeeded Polyander I remember to have read one remarkable passage in the reign of Henry the first that in his third year for the marriage of his daughter he raised a tax upon every hide of Land but he did this by the advice of his Privy Council alone without consulting publiquely with either Prelate Peer or People Philanglus So did divers of his Antecessors and successors also after the Commons were admitted to partake of the Common Council But to illustrate this point further notwithstanding that the Commons were sought unto in Henry the first's time yet they were not constantly and formally sent unto till Henry the third in whose reign the Writs of Summons for elections were first issued but the succeeding Kings assum'd a power to regulate those Writs at pleasure by the sole advice of their Privy Council as we read in the time of Henry the sixth who was the first framer of that famous Ordinance Whereas Elections of Knights have been made with great outrages and excessive number of people of which most part was people of no value yet pretend a voice equivolent to worthy Knights and Esquires whereby many riots manslaughter and division among Gentlemen shal likely be Our Lord the King hath ordain'd that Knight of Shires be chosen by people dwelling in the Counties every one of them having lands or tenements to the value of 40 s. per annum at least and that he who is chosen be dwelling and resiant within the Counties where they are elected Polyander But did not the Kings of England reserve a power to except against any that came to Parliament Philanglus Mr. Camden speaking of the dignities of Barons saith that it was ordained and decreed in the reign of Henry the third that all those Earls and Barons unto whom the King himself vouchsafed to direct his Writs of Summons should come to his Parliament and no others And this rule Edward the first constantly observed and continued for as Câ—mden hath it that prudent King summoned alwaies those of ancient families and who were most wise to his Parliament and omitted their sons after their death if they were not answerable to their fathers in understanding in another place he saith select men for wisedom and worth among the Gentry were called to Parliament and their posterity omitted if they were defective herein Polyander If the King hath a power to except against a Nobleman from sitting in Parliament sure by an argument à majori ad minus he may do it against a Commoner Philanglus It should be so in reason and Queen Elizabeth who was so great a darling of her people did practise her power that way often But the modesty of the House of Commons was very great in former times for they did arrogate no more power then what the Kings Writ gave them they evaded matters of State as much as they could 13. of Edward the third a Parliament was called to consult of the domestick quiet the defence of the marches of Scotland and security of the Seas from enemies the Commons were desired their advise herein but they humbly desired not to be put to consult of things Queuâ—ils n'ont pas cognisance Things whereof they had no cognâ—sance In 21. of the same King the Commons being mov'd for their advice touching a prosecution of a war with France by an elegant speech of Justice Thorp after four days consultation they answered That their humble desire to the King was that he would be advised thereâ—n by the Lords being of more experience then themselves in such affairs In the 6. year of Richard the second the Parliament was call'd to consult whether the King should go in person to resâ—â— the great City of Gaâ—nt or send an Army the Commons being askâ—d their advice the humbly answered by Sir Thomas â—uckerinâ— their Speaker that the Councils of Waâ— did more aptly belong to the King and 〈◊〉 Lords The next year after the Commoâ— are willed to advise of the Articles 〈◊〉 peace with France but they modestly eâ—cuse themselves as too weak to counsell in â— weighty matâ—ers And being charged agaiâ— as they did tender the repute of the County and right of their King the humbly deâ—ivered their opinions ratheâ— for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they declineâ— the agitation and cognizance of higâ— State affairs specially forraign humblâ— transferring them to their Soveraign anâ— his Vpper Council a Parliament maâ— then I mean a member of the Commons House thought to be the adequâ—â— object of his
to support it self and not only to protect but to awe the people Aristotle in his Politicks speaks of sundrie species of Governments he writes of Monarchy Aristocracy Democracy Oligarchy and Sâ—ratocracy as the Greek tongue hath a faculty above all others in compounding names for things but he is irresolut to determin what Aristocracies are truly perfect he hath only this one positive assertion that Aristocracy allowes no Aritificer to be a Citizen or Counsellor Much of his discourse is of the first Founders of Common-wealths as Phaleas of the Chalcedonian Hippodamas of the Milesian Lycurgus of the Lacedemonian Minos of the Cretan and Solon of the Athenian then he proceeds to correct the errors of Common-wealths before he tels us what a Common-wealth is which is under favour an irregularity in method In his first book he speaks only of the parts of a City or Common-weal but he tels us not what they are til he comes to his third Book where in handling the kinds of Government in generall he flies backward and forward in a disorderly way but when he comes to treat of particular forms he is full of contradiction and confusion in some places he seems to deny any natural right and publick interest much more any underived Majesty in the people whom he saith to be little inferiour to beasts whereas elsewhere he affordeth a liberty to every City to set up either by force or cunning what government they please which in effect is to allow men to doe what they list if they be able But at last he confesses that after Kings were given over in Greece Common-wealths were made of them who waged warre and that all power was summ'd up in the Government of an Army which is pure Stratocracy or Military Government Philanglus We cannot blame this great Philosopher to rove herein up and down it being impossible for any humane brain to prescribe any certain and infallible universal rules of Government that may quadrat with the nature of all climes and be applicable to the humors of all people all other Arts and Sciences have apodictical and undenyable principles but the Art of Government hath no such Maximes the reason is the various dispositions of people and a thousand sorts of contingencies that attend worldly affairs it is you better know then I one of the main principles of policy in France to keep the peasan which is the grosse of the people still indigent and poor because they are of such a volatil instable nature that if they were rich and fed high wealth and wantonesse would make them ever and anon to be kicking against Government and crying out for a change whereas this principle of policy is held to be a paradox in Spain and other Countreys Some Nations are so firy mouth'd that they must be rid with a bit if not a Martinghal but a snaffle will serve others nor are the same laws fit for the Continent that are proper for an Island nor those of a Maritim Continent fit for a Mediterranean Countrey Polyander I concur with you there is no Art so difficult and fuller of incertainties as Hominem homini imperare as the art for man to govern man which made one of the deepest Statesmen these modern times afforded to confesse that though he had served so many Apprentiships and been a Journeyman so long in this Art and reputed a Master yet he found himself still a Novice For State affairs as all sublunary things are subject to alteration the wisdome of one day may be the foolishnesse of another and the week following may be Schoolmistress to the week before in point of experience which is the great Looking-glass of Wisdome and Policy Therefore whereas Aristotle useth to be constant to himself in all other Sciences while he displayes the operations and works of Nature when he comes to treat of humane government he is not only often at a losse and inconstant to himself but he involves both himself and the Reader in ambiguities Philanglus I am of opinion that there is in policy but one true Vniversal Maxime which is as you said before to have alwayes a standing visible effectif power in being as well to preserve as to curb a people and it is very fitting they should pay for their protection it being a rule all the world over and grounded upon good reason Defend me and spend me Polyander It is so indeed every where how willing is our confederat the Hollander so he be protected in his trade to part with any thing to pay tols for what he hath either for back or belly he is content to pay for all beasts sold in the Market the twelf part for Excise six shillings upon every Tun of Beer two stivers a week for every milch Cow six pence upon every bushel of Wheat and so upon all other commodities The States of Italy do more in Florence and the Republick of Venice which hath continued longest and with least change in point of Government of any Country upon earth ther 's not a grain of Corn not a glassefull of Wine Oyl Egges Birds Beasts Fish Fowl yea Grasse Salt and Sallets but pay a gabell for the common defence nay the Courtisans cannot make use of their own but they must contribut to maintain twelve Gallies But Sir now that I have been absent so long I pray be pleased to tell me something of the proceedings of the late long Parlement and of this mighty revolution for I find such a kind of transposition of all things in point of Government that England may be said to be but the Anagram of what she was Philanglus There is a periodical Fate that hangs over all Governments this of England may be said to have come to its Tropique to a posture of turning The people extreamly long'd for a Parlement and they had a long Parlement for it lasted longer then all the Parlements that ever were in England since the first institution of Parlements put them all together there was never such an Idol upon earth as that Parlement for people thought there was an inerring spirit tyed to the Speakers chair they pinn'd their salvation upon it it was held blasphemy and a sin against the holy Ghost to speak against it nay some gave out that that blessed Parlement was as necessary for our Refromation as the coming of Christ was for our Redemption such a sottish kind of infatuation had seiz'd upon some kind of people Polyander But what did that Parlement do tending to the publick Reformation Philanglus What did they doe They were like to undoe all things had they sate longer which they had done till doomesday had they been let alone and their Posteriors never aked 'T is true they were somewhat modest at first but by the lenity of a credulous easie King they did afterwards monstrous things They assumed to themselves all the Regalia's of the Crown they seiz'd upon Sword Great Seal and Soveraignty upon the Militia and
over-heard to mutter at the remoteness and absence of their King and that they should now become a kind of Province truckling under England by reason of such a distance from the Royal Court Moreover some of their Nobles and Gentry found not at the English Court nor at the late Kings Coronation in Edenburgh that countenance familiarity benefit and honours which they expected And 't is too well known who He was that having got some Wealth in the Swedish Wars and being denied to be Lorded took a pet and went hence discontented to his own Country These discontented parties tamper'd with the Mercenary preach-men up and down Scotland to obtrude and hold out to the people what Doctrines were put into their mouths by their Patrons so that the Pulpits every where â—ung of nothing but of invectives against certain obliquities and solaecisms and I cannot tell what in government and many glances they had upon the English Church Yet all this while there was not matter enough for an insurrection nor to dispose the peoples hearts to a mutiny untill by the Policy of the said discontented party the English Liturgy was sent thither This by the incitement of those fiery Pulpiteers was cried up to be the greatest Idol that possibly could be brought into their Kirk insomuch that when it was first offer'd to be read the women and baser sort of mechanicks threw stools at the Bishops head in the Kirk and were ready to tear them in pieces And here began the first storm The King having notice hereof sent a Proclamation signifying that whereas he had recommended that Book of Common Prayer to be practised among them whereby be himself served God Almighty twice a day he did it onely out of a design to establish an uniformity of publick Divine Service in all his Dominions specially in that his native Country But since it had produced such dangerous effects he was contented to revoke it absolutely it never being his purpose to press the practise of thesaid book upon the conscience of any for he did onely commend not peremptorily command the use of it Therefore he exhorted and required that every one unto whom it had given any scandal should return to his former obedience and serve God as he was wont offering therwith a general pardon and to passe an Act of Amnestia for the abolition of all offence passed Polyander And would not this suffice In natural motions we find that the cause being taken away the effect ceaseth and will not this rule hold in civil Actions Philanglus It seems this would not serve the turn but there was a further reach in it and to take the advantage of fishing in these troubled waters You know the Scots since their single Lyon came to quarter with our three were much heightned in their spirits more respected employed and trusted abroad more elevated in their resolutions and aims they grew rich for you have heard of a Silver Mine that reached from Westminster to Edenbrough And I beleeve you have not forgot Bâ—ccolinies ballance wherein Lorenzo de Medici was appointed by the Oracle at Delphos to weigh all the States of Christendom and throwing England into the Scales to counterpoise France you know how much he made her to weigh lesse by the addition of Scotland Polyander I beleeve we had been better without this addition for the union 'twixt Scotland and England may be said to be a mixture of Vinegar with Oyl Philanglus To resume my discourse the former Proclamation though it breathed nothing but grace would not suffice the Scots but having an inch given them they would take an Ell and nothing would serve their turn but an utter extirpation of Episcopacy for by trampling the Miter under their feet they hoped to have some of the Birds Plumes being plucked to feather their own Nests and they brought their work about Good Lord what a deal of dirt was thrown into the Bishops faces by every rural petty Clerk what infamous Ballads were sung up and down what a thick Cloud of Epidemical hatred hung suddenly over them so far that a Dog with a white neck was called Bishop amongst them The chiefest contrivers of this uproar finding their designs to fadge so well and perceiving the Country to be so eagerly bent against Bishops and what Artifices and suggestious were used to render them so odious is incredible But finding withall the King unwilling to alter the Government his Father had left him and to which he had been sworn at his Coronation They put themselves in Arms and raised Forces to beat down the Miter with the Sword if the Scepter would not do it To the English frontires they marched with a numerous Army pretending they came as Petioners but they brought their Petition upon the pikes point Hereupon the King raised a Counter Army and marched as far as Barwick but some of the great ones about him grew cold in the Action so a pacification was shuffled up and I think it was the most dishonourable that ever England made Polyander I could have wished two things that either the King had then given them battel having the flower of his Nobility and Gentry about him who understood came with all promptitude and cheerfulness to the service or else that after the pacification he had with a royal freedom and a commanding confidence gone amongst them in person to hansel their new Parliament house at Edenburgh for in all probabilitie this course might have averted those showrs and Cataracts of miseries which fell upon him afterwards but I pray Sir proceed Philanglus Hereupon a Parliament was summoned in England a Parliament do I call it it was rather an Embrio of a Parliament a kind of Ephemeran thing In this short sitting the King declared to both Houses the indignities he had received from his Scots Subjects and therefore he proposed a supply to be made of twelve Subsidies to suppress that rebellion and in lieu thereof he was willing to forbear and utterly to abolish the Ship-money which he had reason to think legal being advised thereunto by Noy his Attorney General who was cryed up to be so great a Clerk in the Law yet he would not rest there but he advised further with his learned Council of the Sergeants at Law and others who concurred in opinion with No Nor would he rest there but he had the approbation of all the Judges siâ—gly and afterwards of the major part of all the twelve upon a leasurely debate this he thought sufficient to induce his conscience to hold the things legal It was proved that the moneys levied that way were employed to the right use and no other viz. to the garding of the narrow Seas and to preserve the right of his dominion in them being the fairest flower of his Crown which was not onely discoursed of abroad but the French Cardinal was over heard to question his right that way And touching the danger that hung over England he alledged how
preservation of his Person in imitation of the Parliament who had taken a kind of choice Praetoriaâ— band many moneths before for their safeguard though without the Kings consent The Northern men came cheerfully to this service wherewith the Parliament being not well pleas'd they interdicted all trade to Newcastle But I must make a step back when the King was return'd from Scotland he retir'd to Hampton Court yet upon the Lord Mayors and Cities solicitation hee came back to White-Hall to keep his Christmas But when the Bill against Bishops was in agitation which lasted above ten Months and was twice cast out of the House of Peers a crue of hold sturdy mechanicks Marriners and Tar-pawlings came from the City and ruffled again before White-hal and Westminster-hall and would have violated the Abbey of Westminster under the Parliaments Nose so that for many nights a Court of Guard was forc'd to be kept in the body of that Church The King finding such distempers still in the Parliament and knowing the chiefest Authors of them who he had impeach'd before but could get no justice against them in an ordinary way though he desir'd the Parliament to direct him in a course how to go on in the Empeachment in such extremity for desperate diseases requiring desperate cures He took the Palsgrave with him and making use of the next Coach he met withall at the Court gate he went to the House of Commons in person to demand five Members which he would prove to be Traytors in the highest degree and to be the fomenters of all these divisions protesting unto them upon the word of a King that they should have as fair and legal a Trial as ever men had in the interim he desir'd onely that their persons might be secur'd The Walls of both Houses and the very stones of London streets did seem to ring of this high carriage of the King and the sound thereof far and neer into the adjacent Countries whence the Plebeans by incitement of some of the Members came in whole Herds to the City and strutting up and down the streets had nothing in their mouths but Priviledge of Parliament Polyander Yet as I observ'd in your discourses before Queen Elizabeth though she was so popular and such a minion of Parliaments did the like and far higher things But now that you have given a touch of the Palsegrave I remember a Manifesto of that Parliament which they passed and published in favour of his restitution which was laughed and libelled at in Germany Philanglus 'T is true the King went in state one day to the Parliament in his behalfe where he clear'd unto them the whole business and because he doubted that Sir Thomas Roe his Embassadour should have but sorry success in the Diet which was then held in Germany in regard he understood of an Amnestia to come forth whence the Prince Palatine was excluded he desired the two Houses to joyn with him in a publique Manifâ—sto The Parliament did cheerfully approve hereof praying that Scotland would joyn with them The Manifesto consisted of two parts or protestations one against all Acts whatsoever that should passe in the Imperial Diet in the prejudice to the Palatine the other that the King and Parliament of great Britain were resolv'd to espouse his quarrel but this business was little thought of afterwards The King as I told you before having gone to the House of Commons himself to demand those Members it happened none of them were there but retir'd to London for refuge the House having had notice of the design from Marquis Hamilton who was us'd to reveal unto them whatsoever was intended at Court Polyander It may well be said then that the infortunate King had greater Traitors within dores then abroad but it concern'd Hamilton with Holland and others to keep in with the House because they were the chiefest Monopolizers specially the Earl of M. who in regard his son was so great a Zealot in the Upper House was permitted to keep a kind of Office to compound for his corruption and briberies whereof there were above forty prov'd against him yet he scap'd without any punishment at all or least mark of Infamy Philanglus Well Sir the Londoners grew stark wild when they heard of this attempt of the King and the Countries about specially Essex and Buckinghamshire men being incited by Hamden who was kill'd afterwards upon the same turf of earth where he call'd the people together came in great swarms to Town and joyning with the City and Suburbian rabble They brought the five Members the next day to the House in a kind of Triumph being guarded by water as wel as by land by such companions A little after sundry Troops of Countâ—y horse came and instead of Feathers or Ribands they carried a paper-Protestation in their Hats as the Londoners had done a little before upon their Pikes point Polyander I heard much of the said Protestation but I pray oblige me to tel what it was Philanglus It consisted of many parts being penn'd and enjoin'd by the Parliament for every one to take The first part was to maintain the true Protestant Religion against all Popish Innovations but no other The second was to maintain the Person Prerogative and honoâ— of the Kin The third The Priviledge and Power oâ— Parliament And lastly the prâ—priety and liberty of the Subject Polyander Where was the King during all these popular Riots Philanglus Rather then expose himself to such indignities and there being dark whispers of an attempt upon his Person he retir'd to Hampton Court thence to Windsor Castle whence having accompani'd the Queen and his eldest Daughter to the Sea-side for Holland and having commanded the Prince to attend him at Greenwich against his return the Prince had been surpriz'd and brought to London had the King stayed but a quarter of an hour longer Thence he remov'd to York where he sojourn'd all that Summer and among other things he sent for his Great Seal thither which rid Post and was pursued by the Parliament but not overtaken The King being setled at York the Parliament still move him to have the disposing of the Militia and not to be limited to any time which he denied for he was loth to be dis-arm'd and part with his sword Therefore he put forth his Commissions of Array according to the old Law of England as he alled'd which declares it to be the undoubted Right and Royal Signory of the King to arm or disarâ— any Subject The Parliament send out Counter-commands for the executing the said Militia so by this clashing 'twixt the Commission of Array and the Militia the first flash of that cruel and cruentous civil War may be said to have broke out A close Committee was appointed which was mix'd of Lords and Commons and I cannot tell how many Rural and subordinate Committees of mean mechanical men who stood higher a tip-toe in conventing Lords and Knights before them
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 Protectâ—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. Sâ—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 Covenaâ—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 replâ—'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 iâ—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
onely certified their proceedings to the Parliament Now Sir you must know that presently upon the taking of Exceter his whole estate was sequestred and continuing so above 7 years he being not allow'd a peny to put bread in his mouth hee visibly lost above 30000 l. which he humbly prayed might satisfie for his Composition which would not have amounted to the sixth part so much according to Article He was not onely denied that but a nigrum Theta a black Bill was voted for selling away his whole Estate A little after an Act being passed and Commissioners appointed for the relief of Prisoners upon Articles in time of War Sir John made his addresses unto them and after above ten moneths debate of the business the whole Court consisting of eight Commissioners delivered their opinions cleerly that Sir John Stawel was within the Articles of Exon that he had not broken any of those Articles ever since but exactly observ'd and perform'd them that consequently Hee was not onely to have his person unmolested and his whole Estate restored him but to have satisfaction for the great losses he had received while his Estate lay under Sequestration c. This clear and positive Judgement being pronounced solemnly by the Court of Articles and the Demurres which the Trustees appointed to sell forfeited Estates and the Pourchasers of Sir John Stawâ—ls Lands had made being ovâ—r ruled yet the Parliament resumed the business reversed the sentence of that Court they themselves had Authorized and Voted that the Pourchasers should quietly enjoy and occupy according to their several Contracts what they had bought of Sir John Stawels Estate Pâ—lyander Good Lord what a world of hardships did that noble Knight undergo as to be so tossed from Prison to Prison from Bar to Bar yet to be found guilty no where but to be pronounced Râ—ctus iâ—curia nevertheless to have a sentence of Civil death pronounced against him viz the loss of so fair and noble an Estate as any in the west of England by the mischievous practice of a Member of the House who as I heard professed most friendship unto him But was there no more care to observe Articles of War which is held a sacred thing among Pagans and Infidels The Tâ—rk and Tartar in this point will keep faith with the Sword as well as with the Cimiter with the Hat as well as with the Turban or Shash Philanglus Herein a difference may be said to have been 'twixt Generals for the Presbyterian Generals did not much care how their Articles were broke or kept but his Highness who is now Lord Protector was very carefull for the observation of what Articles he made and clash'd about it more then once with the Parliament Polyander Truely Sir you have related many horrid things which might make the Word Parliament merit the same fate that befel Tyrant Sophister and others which were good in their first institution but afterwards came to be odious and reproachful and will continue so to the worlds end But 't is much that the Parliament which should be the great Physitian of the Common wealth should become such a Mountebank that in lieu of making up the ruptures 'twixt King and people and closing the leaks in the great Vessell of the State they should cause more that like Banbury Tinkers in lieu of stopping one hole they should make two There is a saying that Infaeliciter agrotat câ—â— plus-mali venit à medico quam à morbo That Patient is in a sad case who receives more hurt from the Physitian then from the Disease more mischief from the remedy then from the malady t is better for one to endure a little head-ach then to have his pate broken Philanglus There breaths not a soule Inter quatuor maria betwixt Englands foure Seas who hath a more venerable opinion of Parliaments then I having had the honour to have been a good while a small part thereof They were used to be the bulwark of our liberties the main banks and boundaries which kept us from slavery from the inundation of Arbitrary Rule and unbounded Will-Government This high superintendent Court at its first Constitution was used to be compared to the Macrocosm the Great World it self The Soveraign Magistrate was compared to the Sun the Nobles to the fixed Stars the Judges other Officers who went with Messages 'twixt both Houses to the Planets the Clergy to the Element of Fire the Commons to the solid Mass of Earth And as the Heavenly bodies when three of them meet in Conjunction use to produce some admirable effects in the Great world so when the three States did use to convene and assemble in one solemn Junta some notable and extraordinary things were used to be brought forth tending to the wellfare of the whole Kingdom Now there were three essential properties that belonged to Parliament viz. fairness of Election fulness of Members and freedom of Speech 'T is too well known how little of all three were found in the late long Parliament specially the last to wit liberty of speech For none was permitted to speak unless he spoke still to the sense of the House to the sense of the House which was a pure restraint what a deale of time was spent in bandying of answers in Remonstrances in Replies Rejoynders and descanting upon words so that the first 16. months were spent meerly in chopping Logick with the King and nothing at all done For fulness of Members they were purg'd at last very low so that there was scarce the tenth part of what they should have been in number The King offered to give them a little purge of five or six Drams but it was furiously cast away because there was too much Basilicon in it Then there was a purge of eleven drams given them wherein there was some unguentum Armarium that cures a far off which made some of them to flie t' other side of the Sea where one Member as soon as he put foot on shore fell sick of the Plague and so was buried no better then in the Town ditch because he had first infected the place At last they had a good sound purge as big as a drench administred them which purg'd away above a hundred Members at once yet all this would not do for some Members were grown so corrupt and putrid that nothing could cure the House but an utter Dissolution according to the old saying Immedicabile vulnus Ense recidendum Which great Dissolution was made without one tear or drop of bloud as the Portugal Embassadour sent word to Lisbon , for England had been long weary of her Physicians who had they continued longer might have made Her say as Alexander the Great did on his death bed Perii Turba Medicorum I die of too many Physicians Polyander Touching fullnesse of Members I heard it censur'd by some Criticks beyond the Seas for a Solaecism in the English Government that they are so many but specially that
propound unto you that some sit persons may bâ—e by you inabled to treat with the like number to be authorized by us in sâ—ch a manner and with such freedoâ—e of dâ—bate as may best tend to that happy coâ—clusion which â—ll good people desire viz. The Peace of the Kingdom wherein as we promise in the 〈◊〉 of a King all saâ—ety and â—ncouragement to them who shall be sent unto uâ— if ye wâ—ll chuse the place we are to meet for the TREATY which we wholly leâ—ve unto you presuming the like care of the safety of those wee shall employ if you shall name another place So we assure you and all our good Subjects that to the best of our understanding nothing shall be wanting on our pâ—rt which may advance the true Reformed Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well our just Prerogative as the propriety and liberty of the Subject confirm all just power and priviledges of Parl and render us a people truly happy by a true understanding 'twixt us and our great Council bring with you as firm a resolution to do your duty and let our people join with us in prayer to Almighty God for his blessing upon this work If this Proposition be rejected by you wâ—e have done our duty so amply that God will absolve us from the guilt of any of that blood which shall be spilt And whatsoever opinion other men may hâ—ve of our power we assure you that nothing but our pious and Christian care to prevent the effusion of bloud hath begot this motion in us Our provisioâ— of men Armies and Money being such as may secure us from violence till it please God â—o open the Eyes of our people Polyâ—ndâ—r What impression did thiâ— Letter make for it promis'd much Philanglus It made little or none at all though it was all written with the Kings own hand for the Parliament was formerly nettled at a Declaration he had sent when having made â— motion to go himselfe in person to suppress the Irish Rebels which attempt the Scots approved of and highly applauded but being not liked by the English Parliament he replied unto them to this effect When we recommended the reductâ—on of Ireland to you we intended not to exclude our Self or not to be concernd in your Councils but that if there were any expedient which in our Conscience and understanding we thought necessary for that great work we might put it in practise We look upon you as our great Council whose advice we always have and will with great regard and deliberation weigh and consider of but we look upon our Self as neither depriv'd of our understanding or devested of any right we had were there no Parliament at all sitting We call'd you together by our our own Royal Writ and authority without which you could not have met to give us faithful Counsel about our great affairs but we resigned not hereby our interest and freedom we never subjected our Self to your absolute determination we have alwayes weighed your Counsel as from a body intrusted by us and when we have dissented from you we have returned you the reasons which had prevailed with ouâ— understanding and conscience and with such candor that a Prince should use towards his Subjects and with that affection a Father should express to his Children What applications have been used to rectifie our understanding by reasons and what motives have been given by you to perswade our affections we leave the world to judge Moreover we must not forget to tell you however a major part may blind you in matter of opinion We hold our selfe and we are sure the Laws and constitutions of the Kingdom hath always held the same as free to dissent till our reason be convinced for the general good as if you delivered no opinion When we summoned you first together we did not intend to put the reins of all Rule and Reason into your hands and by a kind of blind bruitish formality and unprincely simpleness to assent to every thing without examining our own Conscience and judgement which yet never pleased us more then when they concurr'd with yours This were to bring us back to a nonage now that we are come long since to the perfect growth of discretion you must not think to take from us the Mastery and use of our innated reason and the dictates of our own conscience or that we will raise a Tempest at home within our brest to calm a storm abroad In fine we called you together to propound not to give Law to be our Counsellors not our Controllers for Counsel degenerates from the nature of Counsel wâ—en t is coercive Nor shall we ever enfeeble our regal power or suffer it to be invaded so far as to give way that any Ordinance or Omnipotency of Votes shall be able to suspend an Act already in force without our assent To conclude as we firmly resolve to make the Law the measure of our actions so we expect it should be also the Rule of your obedience and deliberations and that the result of all your Counsels be derived from it Polyander This was home and high but what answer did the Parliament make to the former letter from Notingham Philanglus The noble Personages who carried that Letter were looked upon with an ill aspect by the Parliament yet an answer was returned containing this proposal That the King woâ—ld revoke and annul in the first place those Proclamations and oâ—her publique instruments whereby their Adherents were declared Traytors uâ—der which notion 't was neither honourable for his Maâ—esty to tâ—eat with them nor were they capable to treat with Him Polyander This Doctrine I believe they had learnt of the Scot but what did the King reply Philanglus He sent word that he was willing so to do provided that the Parliament would recal likewise their Votes Orders or Ordinances passed against such whom they declared Delinquents for adhering to the King according to the clear known Law of the Land in the reign of Hen. 7. which was that nâ—ne should be molested or questioned for adhering unto or assisting the Royal person of the King This the King desir'd by way of reciprocal correspondence but it being denied those overtures for a Treaty came to nothing so the Parliaments Army begin to advance and the Kings did daily increase Thereupon the Lords that were about the person of the King whereof there were above threescore made this publick Manifesto WE do ingage our selves not to obey any Orders or Commands whatsoever that are not warranted by the known Laws of the Land We ingage our selves and fortunes to defend your Majesties Person Crown and Dignity with your just and legal Prerogatives against all persons and power whatsoever We will defend the Religion established by the Law of the Land the lawfull Liberties of the Subjects of England with the just priviledges of your Majesty and the
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 naâ—es are under written in obedience to his Majesties desire and ouâ— 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 â—â—rm and constant settlement of the true Religion and the just priviledges of Parliament the Libâ—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 Supâ—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 Coâ— kept above a month at which time the Army multipâ—i'd exceedingly to neer upon â—o Mâ— men and the Welchmen coming so thicâ— down the Mountains did much animate thâ—English From Shrewsbury the King took a resoâ—â—tion to remove to Oxford but after seveâ—â— daiâ—s tiresome march hee understood the Parliaments Army were within six mile of him so he went out so far to find theâ— out and fac'd them on a Sunday morninâ— from Edgâ— Hil as they lay in Kinton fieldâ— 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 aâ—â— the Sun had declined above two hours the afternoon before the Cannons aâ— 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 confeâ—s that no Nation is more greedy of battail and more impatient of delayes that way then the English