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
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
Some Sober INSPECTIONS Made into the CARRIAGE And CONSVLTS 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 Cupio ut rectè Capiar London Printed for Ric. Lownds at the White Lyon in St. Pauls Churchyard near the West-end 1656. To His HIGHNESSE The Lord Protector My Lord AMong the multitude of mighty Atchievements which your Highnesse hath performed so much to the astonishment of Mankind The Dissolving of the late Long Parliament may well deserve to bee rank'd in the numbe For thereby your Highnesse Hercules-like may be said to have quell'd a Monster with many heads such a Monster that was like to Gormandize and Devour the whole Nation as will appear in the ensuing Discourse which though small in Bulk yet the Subject matters is of the greatest Concernment otherwise I had not ventured on so high a Dedication for it treats of the power and practise of English Parliaments in former times with the first Rise of the House of Commons and of Magna Charta c. which will bee found to have had but hard births There was matter enough to have Compil'd a far greater Volumn but I have woon'd it upon a small Bottom in regard that besides my natural hatred to superfluities and circumlocutionss I would not bee so unmannerly as to hold your Highnesse too long who have suca world of high businesses perpetually in your thoughts One thing I humbly promise your Highnesse that the quotations here produc'd whereof there are many are all true and extracted out of Authentick Records but what consequences soever are drawn from them the Judgement is still reserv'd for your Highnesse Endernier ressort There is a memorable saying of Charles Martell in that mighty Revolution in France when hee introduc'd the second Race of Kings That in the pursuit of all his actions he used to say that He followed not the Ambition of his Heart as much as the Inspirations of his Soul and the designs of Providence This may be applied to your Highnesse in the Conduct of your great Affairs and admirable successes So craving pardon for this high presumption and the boldnesse of the Subject for which I humbly beg your protection I rest in the lowliest posture of obedience At your Highness command I. H. To the Knowing READER Touching The Method of this Discourse THere are various wayes for the conveyance of knowledge to the understanding and to distil it by degrees into the Cels of humane brain It may be done either by a down-right Narration and continued Discourse or by Allegories Emblemes and Parables Or by way of Dialogue Interlocutions and Conference The first is the Easiest and most Usual way The second is the most Ingenious and Difficult The last the most Familiar and Satisfactory When one doth not onely inform but remove and answer all objections and quaeries that may intervene all along in the pursuit of the matter It is the mode and method of this Treatise which discoursing of the affairs of England proceeds by way of Colloquy 'twixt Philanglus and Polyander The first a good Patriot and great lover of the English The other a person who had seen much of the world abroad and studied men as both their names do intimate Conveniunt Rebus Nomina saepe suis I. H. Some Inspections made into the Cariage and Consults of the late long PARLEMENT c. In a Colloquy 'twixt Philanglus and Polyander Gentle Sir Philanglus HOw glad am I to see you so well return'd to England after so long a separation having breath'd air under so many diffeâ—ing Climes convers'd with Nations of so many differing complexions and made so many hazardous voyages and itinerations both by land and Seas as I understand you have Polyander 'T is true there is a kind of hazzard that hovers over our heads wheresoever we pass in this transitory incertain world the Morning cannot presage what the Evening may produce some odd thing may happen 'twixt the cup and the lip but the danger of forrein travel or peregrination is nothing so great as 't is commonly apprehended one may travell all Europe with as much security and accommodation as any part of England one may goe from Calis to Constantinople as safely as from Bristol to Berwick one may passe from Vienna to Venice from Paris to Prague from Madrid to Magdenburgh as securely as from London to Lancaster or from Saint Davids head to Dover 'T is true that before Negotiation and Commerce made mankind more communicâ—ble it was an uncouth thing to travel or make removes far from home In this Island not an age since if one were to make a journey from Wales to London much more from London to France it was usual for him to make his last will but now the world growing still more populous and people more sociable by mutua traffique and knowledge of languages the case is altered In my whole ten years travel I thank my Creator I never rancounterd any danger or difficulty but I might have met with the like in England if one observes these three small Imperatiss audi cerne tace hear see and be silent he need no other passeport to travel the world But dear Sir now that I am return'd to breath English air again I hold it one of the best welcomes to find you so well after so long an absence and I embrace you with both my arms giving you a thousand thanks for the fair respects and litteral correspondence you kept with me while I wandered abroad for it was my greatest comfort Philanglus Sir you teach me what I should say to you in this point but truely you should have had a more frequent account of matters here but that of late years it hath been usual to intercept and break up letters which is a baser kind of burglary then to break into ones house or chamber for this may be a plundering onely of some outward pelf or baggage of fortune but he who breaks open one Letters which are the Ideas of the minde as is spoken elsewhere may be said to rifle the very brain and rob one of his most precious thoughts and secret'st possessions But Sir now that I have the happinesse to re-enjoy you what doe they say abroad of these late revolutions in England Polyander They say that the English are a sturdy terrible and stout people that the power and wealth of this Island was never discovered so much before both by Land and Sea that the true stroke of governing this Nation was never hit upon till now Politicians new and old have beaten their brains and shot at rovers in writing of divers sorts of Governments but the wisest of them concur in this opinion that there is no Government more resembling Heaven and more durable upon Earth or that hath any certain principles but Monarchy and such a Monarchy that hath an actual visible Military strength
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
returned without the prisoner This being related to the House of Commons they would sit no longer without their Member and desiring a conference with the Lords Sir Thomas Aâ—dly then Chancellour and the rest judged the contempt to be very great and referred 〈◊〉 punishment thereof to the House of Commons it selfe Concerning liberty or freedome of speech which is held another privilege of Parliament There is a speech of Sir Thomâ—â— Moors upon record who being chosen Speaker 14. Henry the eight He first disabled himself and then petitioned the King in the behalf of the House that if iâ— communication and reasoning any maâ—â— should speak more largely then of duty be ought to do all such offences should be pardoned which was granted and entreâ— upon record In which petition it is observable that liberty or freedom of speech is not a power for men to speak whaâ— they will or please in Parliament It is â— priviledge onely not to be punished but pardoned for the offence of speaking more largely then in duty they ought to do which in a right construction must be understood of rash unadvised ignorant or negligent escapes and slips in speech not for willfull malicious much lesse for treasonable speeches And then the Kings pardon was desired to be upon record that it might be pleaded at Bar to all actions There is a speech upon record in Queen Elizabeths time wherein the Commons were warn'd not to meddle with the Queens Person the State or Church-Government Polyander I have heard of divers traverses that hapned in the reign of that popular and long lived Queen which trenched as much if not more upon the priviledges of Parliament and the liberties of the people then any that happen'd in the reign of the two last Kings Philanglus It is very true and I will give you some instances drawn from good authentick records 23. Elizabeth Mr. Paul Wentworth moved in the House for a publick fast and for a Sermon every morning at seven a clock before the House sate the House hereupon was divided 100 were against it and 150 for it and so an order passed accordingly The Queen being told hereof sent a message to the House by her Vice-chamberlain That her Highnesse had great admirâ—â—tion of the rashnesse of the House in commitâ—ing such an apparent contempt of her expresse command as to put in execution such an innovation without her privity or pleasure fist known Thereupon Mr. Vice-chamberlain moved the House to make an humble submission to her Majesâ—y acknowledging the said offence and contempt and to crave remission for the same withâ—â—full purpose to forbear the committing of the like hereafter So by the suffrage of the whole House Mr. Vice-chamberlain carryed their submission to the Queen accordingly 35 Elizabeth Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entayling the succession of the Crown whereof a Bill was ready drawn The Queen was highly displeased herewith and charged her Councel to call the parties before them so Sir Thomas Henage was sent to fetch them so they were first commanded to forbear going to the House and not to go out of their several lodgings afterward they were called before the Lord Tresurer Lord Buckhurst and Sir Thomas Henage Wentworth was committed to the Tower and Bromeley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcestershire The Queen sent a notable check to the House of Commons 28. of her raign for chosing and returning Knights of the Shire for Norfolk a thing impertinent for the House to deal withall and belonging only to the Office and charge of her Chancellor from whom the Writs issue and are return'd In one Parliament when Mr. Coke afterwards Sir Edward Coke was Speaker the Queen sent a Messenger or Sargeant at Arms into the House of Commons and took out Mr. Morris and committed him to Prison with divers others for some speeches spoken in the House Thereupon Mr. Wroth moved the House that they would be humble sutors to her Majesty that she would be pleased to enlarge those members of the House that were restrain'd which was done accordingly and answer was sent by her Privy Councel That her Majesty had committed them for causes best known to her self and to presse her Highuesse with this suit would but hinder the whole good they sought That the House must not call the Queen to an account for what shee doth of her Royal Authority That the causes for which they are restrain'd may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into matters of that nature The Commons were told 39. Elizabeth that their priviledge was yea and no And that her Majesties pleasure was that if the Speaker perceived any idle heads which would not stick to hazard their own estates but meddle with reforming the Church and trans forming the Common-weal by exhibiting Bills to that purpose the Speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things and can better judge of them Moreover the Queen rejected 48. Bills which had passed both Houses in that Parliament The House of Commons by their Speaker 39. Elizabeth complained of some Monopolies whereupon the Lord Keeper made answer in her Majesties name That her Highnesse hoped her dutiful and loving Subjects would not take away her Prerogative which is the chiefest flower in her Garland the principall and hâ—ad Pearl in her Crown and Diadem but that they will rather leave that to her own disposition Sergeant Heal said 43. Elizabeth publiquely in Parliament that he marvelled the House stood either at the granting of a subsidy or time of payment considering that all we have is her Majesties and she may lawfully at her pleasure take it from us in regard she had as much right to all our lands and goods as to any revenew of the Crown and he said he could prove it by precedents in the raign of Henry the third King John and King Steven This speech agrees with that which Sir Edward Coke hath in his Institutes where he saith positively That the first Kings of this Realm had all the Lands of England in Demesne and the great Mannors and Royalties they reserved to themselves and enfeoffed the Barons of the remnant for the common defence of the Kingdom There was a remarkable passage happen'd in the raign of Henry the fourth The House of Commons Petitioned the King that they might have advice and communication with certain Lords about matteâ—â— of businesse in Parliament for the commoâ— good of the Kingdom which prayer as the record hath it Our Lord the King graciously granted but with this protestation That he did it not of duty nor of custom but of his special grace So our Lord the King
up much less their own native King yet they made a sacrifice of him afterwards for a summe of money Whereupon Bellieure the French Embassador being convoyed by a troop of Scots horse to such a stand in lieu of larges to the said Troopers he drew out half a Crown piece and asked them how many pence that was they answered thirty pence he replied for so much did Judas betray his Master and so hurld them the half Crown Polyander But afterwards the Scots carried themselves bravely by sending a gay Army under D. Hamilton to assist the King Polyander Touching that Presbyterian Army the bottom of its design is not known to this day and I was told that when the King heard of it and that Himilton was in the head of it he should say Then I expect but little good to be done for me Polyander Certainly the routing of that Army was a glorious exploit of the Lord Protector that now is his forces not amounting to the third part of the Scots Philanglus It was certainly a very heroik Achivement as also was the battail of Dunbar where the Scots had greater advantages far of him which two exploits deserve to be engraven in large Letters of Gold in the Temple of immortality and transmitted to after ages For hereby he did more then Roman Emperours or after them the Saxon Danish Norman and English Kings could ever do to conquer that craggy Country and make England Scot-free ever hereafter But before I have done with this unlucky Nation I will give you a touch of those visible Judgments which have fallen upon them so thick one upon the neck of another in few years more then fell upon the Jews in forty First there happened the greatest plague in Edenburgh that ever was in that Country for in less then a twelve-month the Town was peopled with new faces the Pestilence having swept away almost all the old There have been above 2000 Witches arraigned and executed there within these few years After the routing of D. Hamilton and the battail of Dunbar with that at Worcestâ—r many thousands of that Nation have been bought and sold in quality of slaves to be banished and sent over to forraign Plantations what numbers of them were starved and buried before they were dead And what is now become of their hundred and ten Kings and their Crown which I heard them brag was more weighty as having more Gold in it then the English and for their Government they are reduced to be as pure a subordinate providence and subject to the will of the Conqueror as ever Country was Polyander I must tell you also that they have lost much of their repute abroad but if I were worthy to be heard by the Lord Protector I would make a motion that his Highnesse would take in at least all the Land 'twixt Barwick and Edenburgh into the English Pale and impose a new name upon it for an Eternal mark of Conquest and for enlargeing the Skirts of England But Sir it is time for you now under favour to return to London and know what the Paraliment doth Philanglus There are all Artifices used to make the King odious and both the Press and the Pulpit joyn in the work new distinctions are coyned that though he was Gods â—nynted yet he was mans appointed That he had the Commanding but not the Disposing power That he was set to Rule but not to overâ—rule us That he was King by humane choice not by Divine Charter That he was not King by the Grace of God but by the suffrage of the people That hee had no implicit trust or peculiar property in any thing that populus â—st potior Rege that Grex Lege Lex Rege potentior That the King is singulis major but universis minor Lastly that he was but a Creature and production of the Parliamentâ— c. Moreover all Artifices are used to raise money The first way that the Parliament used after a Royal Subsidy of 400000 l. was to poll us then they went on to clip and shave us and had they continued longer they had fallen a flâ—ying of us They lighted on no lesse then twenty severall ways to get money above board whatsoever they got below Polemoney and the Royal Subsidy were the first two 3. Free Loans and Contributions upon the publick Faith which swelled to an incredible sum 4. The Irish Adventures for sale of Lands the first and second time 5. The general Collection for relief of the distressed Protestants in Ireland to which use the Hollanders sent over in mony and Corn neer upon 50000 l. and the Eâ—glish Collections came to neer four times so much so that in all both Collections amounted to above 200000 l. sterling and yet not ten thousand pound not the twentieth part was employed to the right use 5. They grew so hungry for money that they impos'd the weekly meal 6. The City Loan after the rate of five Subsidies 7. A particular Assessement for bringing in our dear Brethren the Scots 8. The five and twentieth part 9. The weekly Assessment for the Lord Generals Army 10. The weekly Assessement for Sir Tho. Fairfax Army 11. The weekly Assessement for the Scots Army 12. The weekly Assessement for the British Army in Ireland 13. The weekly Assessement for the Lord of Manchesters Army 14. The Kings Queens and Princes Revenues 15. Sequestrations and plunder by Committee 16. Compositions with Delinquents and fines which came to sums passed all understanding 17. That â—utch Devil the Excise 18. Fortification money 19. Bishops Deans and Chapters Lands To this may be added the Ship Sancta Clara valued in money and Merchandize at 800â—0 l. sterling which was detain'd at Southampton for reparation of those damages that some English Merchants had received by the Spaniard as it was declared in the House but not a farthing thereof was imployed to that use notwithstanding that many with expence of time and coin did solicit for the same and lastly the Houshold stuff of the King Queen Prince and others whereof some small proportion was allotted for payment of the Arrears of the Kings poor Servants but they were to advance two in the pound be fore-hand before they could be admitted to any Divident and t is incredible what jugling there was used in that business for some receaved nothing thereby but loss upon loss Nay they took away moneys given to repair Churches and in some places robb'd the very Lazaretto Polyander Sure these vast sums must amount to a huge mass of money money enough to have pourchas'd half a dozen Kingdoms instead of purging one Touching that Duâ—ch Devill you speak of the Excise I remember Sir Dudley Carleton when he was Secretary of State did but name it in one Parliament and it was such a Bugbear abominable word that he was called to the Barr and hardly escap'd going to the Tower though he made use of it to no ill sense But was there no account
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