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

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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 discreet●r and most sufficient to be freely and indiffer●ntly chosen by them who shal be present a● such Proclamation according to the tenor of the Sta●utes in that case made and provided And the ●ames of the said Knights Citizens and Bur●esses so chosen to be inserted in certain In●entures to be then made between you and those ●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 a●ores●id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Bor●ughs may have severally from the●● 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 n●t by any mean●●●main undo● for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we wil● 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 sai● 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 s●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 o● the power and duty of both Houses o● Parliament is grounded The first Hour● 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 ●rove the Clergy hath no voice in Parliament useth this argument that in their Writ also the words are to come thither ad●onsentiendum to consent to such things as ●ere ordained by the Common Council of the ●ingdom but the other word ad facien●um to do is not in their Writ action being ●ot so proper for them in regard of their ●lerical functions Polyander Then it may be well inferred from what ●ou have produced that the King with the ●elates and Peers is properly the Common ●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 Regi● 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 Kin●Edward by the advice of his Council of Baron● revived a Law which hath lain dorma● threescore and seven years in the sam● Chronicle tis said that William the Co●●querer held a Council of his Barons An. 〈◊〉 Regni sui apud Londinias The next ye●● after he had a Council of Earles and Baro●● at Pinend●n Heath to decide the great co●troversie 'twixt Lanfra●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 Ear●s and Barons made an Ordina●●● 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 convoke● another Parliament of Nobles at Northampton King John in his first year summoned 〈◊〉 Magnates his great men to a Parliament a●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 i● Parliament he had afterwards Parliaments at London Westminster Merton Winchester and Marlborough Now these Precedents shew that from the conqust unt●● a great part of the reign of Henry the thir● in whose dayes 't is thought the Writ 〈◊〉 election of
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 ●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 ho● 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