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
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
duty to study the welfare to complain of the grievances and havâ— the defects supplyed of that place foâ— which he served The Bourgesse of 〈◊〉 studied to find out something that moughâ— have aduanced the trade of Fishing He 〈◊〉 Norwich what mought have advantage the making of Stuffs He of Rye what might preserve their Harbour from being choaked up with shelfs of sands He of Taverston what might have further'd the manufacture of Kersies He of Suffolk what conduced to the benefit of cloathing the Burgesses of Cornwal what belong'd to their Stanneries and in doing this they thought to have complyed with the obligation and discharg'd the conscience of honest men without soaring to things above their reach and roving at random to treat of Universals to pry into Arcana Imperii and bring Religion to the Bar the one belonging to the chief Governour and his intern Councel of State the other to Divines who according to the erymology of the Word use to be conversant and imploy their Talent in the exercise and speculations of holy and heavenly things Polyander I am clearly of your opinion touching the two last particulars for Secrecy being the Soul of Policy matters of State should be communicated to the cognizance and deliberations of few viz. the Governor in Chief and his Privy Councel And touching Religion I do not see humbly under favour how it may quadrat with the calling of Laymen to determine matters of Divinity and discusse points of Faith But though the establishment of the House of Commons be a wholesome thing in it self I heard it censur'd beyond the Sea that there is a great incongruity in one particular which is thaâ— the Burgesses are more in number then the Knights of Shires for the Knights 〈◊〉 Shires are commonly Gentlemen weâ— born and bred and divers of them verseâ— in forraign governments as well as the Lawâ— of the Land But the Burgesses of Townâ— are for the most part all Trades-men and being bred in Corporations they are more inclining to popular governmenâ— and democracy Now these exceeding thâ—Knights in number carry all before then by plurality of voices and so puzzle the proceedings of matters But now thaâ— I have mentioned Corporations I must 〈◊〉 you that the greatest soloecism in the policâ— of this State is the number of them specially this monstrous City which is composed of nothing else but Corporations which smell ranck of little Republiques 〈◊〉 Hanses and it was a great errour in the last two Kings to suffer this Town to spreaâ— her wings so wide for she bears no proportion with the bignesse of the Island but may fit a Kingdom thrice as spacious she ingrosseth and dreins all the wealth of the Land so that I cannot compare England more properly then to a Cremona Goose in Italy where they have a way to fatten onely the heart of the Goose but in doing so they make the rest of the whole body grow leanand lank And as it was an errour so to suffer her to Monopolize the trade and riches of the land so it was in letting her gather so much strength in exercise of arms by suffering her to have such an Artillery garden and Military yard which makes me think on a speech of Count Gondamar the Spanish Embassadour who being invited by the King to see a Muster of the Citizens in St. Jame's Fields after they were gone he was ask'd by the King how hee lik'd his Citizens of Londons Truly Sir said he I have seen a company of goodly able men with great store of good arms but Sir I fear that these men will do you a mischief one day for the conceit wherewith they may be puffed up for the knowledge they have in handling their Arms may heighten their spirits too much and make them insolent My Master the King of Spain though there breaths in his Court well neer as many Souls as there are in London and though he be in perpetual War with some or other yet iâ— his Court he is so peaceable that one shall see no sign of War at all hee suffers not any armed men to strut under his nose there is neither Artillery Garden or Military yard there at all but onely a feâ— Partisians that guard his body therefore as I said before these men may do you Majesty an ill turn one day and whether Gondamar was a Prophet herein or no judge you But I pray Sir be pleased to dispense with me for these interruptions give to your former discourse touching Parliaments Philanglus Having formerly spoken something of the Original duty and power of the Great Councel of the Kingdom with the Primitive institution of the House of Commons I will proceed now to that grand question Where the Supream Legislative Power resides Certainly if we examine the Writs of Summons for both Houses with the Bodies and Titles of our ancient Acts of Parliament we shall find the Supremacy and power of making Laws to rest in the King or Governour in chief Now when the Parliament is stiled the Supream Court it must be understood properly of the King sitting in the house of Peers in person and but improperly of the Lords without him It is granted that the consultative directive or deliberativâ— paâ—er is in the House of Peers the performing and consenting power in the house of Commons but the Legislative powers lodgeth in the person of the King for Parliaments are but his productions they derive their being from the breath of his Writs He as Sir Edward Cook doth positively affirm is Capâ—t Principum finis He is the head he is the beginning and ending the Alpha and Omega of Parliaments Polâ—ander But some affirm that the legislative power is in the two Houses and that they are above the King Philanglus The difference 'twixt the King or Supream Magistrate and the Parliament is this that the one represents God the other the people 'T is true as I said before the consultative power is in Parliament and 't is but by the Kings permission the commanding power resides stil in the chief Governor and is inseparable from him the results and productions of Parliament at best are but Bills 't is the Kings breath makes them Laws till then they are but dead things they are like matches unfired 't is the King that gives life and light unto them The Lords advise the Commons consenâ— but the King ordains they mould the Bills but the King makes them Laws therefore they are ever after called the Kings Laws the Kings Judgments The Lords c. have the Indicatif part but the King the Imperatif the liberties also of the people flow all from him for Magna Charta begins thus Henry by the grace of God Know ye that We of our meer and free will have given these liberties in the self same stile runs Charta de foresta The Statute of Marlborough 52. Henry the third runs thus The King hath made these Acts Ordinances and Statutes which
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
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
to the King to make him the best beloved that ever was I thought that before his going to Scotland he had redress'd all grievances by those Acts of Grace you spoke of before Philanglus So he had and he rested not there but complid further with the house by condescending to an Act for putting down the Star Chamber Court the High Commission Court the Court of Honor nay he was contented that his Privy Councel shouâ—d be regulated and his Forests bounded not according to ancient Prerogative but late custom nay further he passed a Bill for the unvoting and utter exclusion of the spiritual Lords from the Parliament for ever Add hereunto that having placed two worthy Gentlemen Lievâ—enants of the Tower he remov'd them one after another to content the House and put in one of their election Lastly he trusted them with his Navy Royal and call'd home at their motion Sir I. Pennington who had then the guard of the narrow Seas Polyander I never remember to have heard or read of such notable Concessions from any King but how came the Bishops to be so tumbled out Philanglus The City rabble were still conniv'd at to be about Westminster Hall where they offered some out-rages to the Bishops as they went into the House hereupon they presented a Petition to the King and Parliament that they might be secur'd to repair thither to discharge their duties according to the Laws of the Land In which Petition there was a protest or Caveat that no Act should passe or be valid without them This Petition both for matter and form was much excepted against and cried up to be high Treason so twelve of the old Bishops were hurried to the Tower but some of the knowingest Lawyers being considered withall whether this was Treason in the Bishops or no they answered that it might be called Adultery as much as Treason so after many moneths imprisonment the charge of Treason being declin'd against them they were releas'd in the morning but coop'd up again in the afternoon then they were restored to a conditional liberty touching their persons but to be eternalâ—y excluded out of the house which made one of them in a kind of Prophetick way to tell one of the Temporalâ—Peers my Lord you see how we are voted out of the House and the next turn will be yours which proved true Polyander I remember when I was at York a Gentleman shewed me a fair old manuscript of some things passed in Henry the eighths time and one passage among the rest sticks in my memory how Cardinal Wolsey being sick at Leicâ—ster the King sent Sir Joâ—n Kingston to comfort him to whom he answered Oh! Sir John 't is too late to receive any earthly comfort but remember my most humble allegeance to the King and tell him this story from a dying man The Bohemians repining at the Hierarchy of the Church put down Bishops but what followed then the Comunalty insulted over the Nobility and afterwards the King himself was depoâ—â—d so the government grew a while to be meerly popular but then it turned from a Successive to be an Elective Kingdom This said he will be the fate of Eng. unless the King bear up the reverence â—ue to the Church and so I pray God that his Majesty may find more mercy at the tribunal of Heaven then I have upon the Earth But pray Sir be pleas'd to proceed Philanglus The Parliament having the Navy at their disposing which they found to be in a good equipage gramercy Ship money and having chosen the Earl of Warwick Commander in Chief notwithstanding the King excepted against him They demand all the Land Souldiers and Military strength of the Kingdom to be managed by them and to be put in what posture and under what Commanders they pleased But the King answered that he would consider of this and it was the first thing that he ever denied them yet at last he was contented to grant them this also for a limitted time but that would not serve the turn Hereupon growing sensible how they inched every day more and more upon the Royal Preroâ—ative He thought 't was high time for him to look to himself And intending with some of his menial servants onely to go to Hull to see a Magazin of ammunition which he had bought with his own treasure he was in a hostile manner kept out the Gates shut Cannons mounted Pistols cocked and levelled at him and there the Kings party said the war first began Polyander A hard destiny it was for a King to lose the love of his subjects in that manner and to fall a clashing with his great Council but under favour that demand of the Militia was somewhat too high for every natural Prince and supream Governour hath an inherent and inalienable right in the common strength of the Country for though the peoples love be a good Cittadel yet there must be a concurrence of some outward visible force besides which no Earthly power may dispose of without his command and for him to transmit this power to any other specially to any that he mistrusts is the onely way to render him inglorious unsafe and despicable both at home and abroad you know in the Fable when the Lion parted with his paws and the Eagle with her talons how contemptible the one grew among all beasts and the other among birds The Scepter and the Crown are but bables without a sword to support them There 's none so simple as to think ther 's meant hereby an ordinary single sword such as every one carrieth at his side no t is the publique Polemical sword of the whole Kingdom 't is an aggregative compound sword and 't is moulded of Bellmettle for 't is made up of all the Ammunition and Arms small and great of all the Military strength both by Land and Sea of all the Forts Castles and tenable places within and without the whole Country The Kings of England have had this sword by vertue of their Royal Signory as the Law faith from all times the Prerogative hath girded it to their sides they have employed it for repelling of forraign force for revenging of all National wrongs or affronts for quelling all intestine tumults The people were never capable of this sword the sundamental constitutions of this Land deny 〈◊〉 them 'T is all one to put a sword in a mad mans hand as in the peoples Now under favor the Supream Governor cannot transfer this sword to any other for that were to desert the protection of his people which is point blank against his oath and office but I crave your pardon again that I have detained you so long from the pursuit of your former discourse Philanglus The King being so shut out of one Town I mean Kingston upon Hull he might suspect that an attempt might be made to shut him in within some other Therefore be made a motion to the York-shire Gentlemen to have a guard for the
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
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
could England but be in apparent danger considering how all her Neighbours about her were in actual hostility which made huge Fleets of men of War both French Dunkerkers Haâ—burgers and Hollanders to appear ever and anon in her channel and hard before her Royal Chambers He declared further that not one peny of that publique contribution came to his private Coffers or was given to any favorite but he added much of his own treasure for the maintenance of a Royal Fleet abroad every Summer yet he was ready to passe any Bill for the abolishing of the said Ship-money and redressing of any grievance besides provided his Parliament would enable him to suppress and chastse the Scot Some say the House was inclinable to comply with the King but as the ill spirit would have it that Parliament was suddenly broke up and it had been better for him that they who gave him that counsel had been then in Arabia or beyond the Line in their way to Madagascar yet those men were of high request in the Long Parliament afterwards being The King reduced to such streights and resenting still the insolence of the Scot proposed the business to his Privy Council who suddenly made a considerable sum for his supply whereunto divers of his domestick servâ—nâ—s did contribute Among others who were active herein the Earl of Strafford bestirred himselfe notably who having got a Parliament to be called in Ireland went over and with incredible celerity raised 8000. men and procured money of the Parliament there to maintain them An Army was also levied here which marched to the North and there fed upon the Kings pay a whole Summer The Scot was not idle all this while but having punctual intelligence of every thing that passed at Court as far as what was debated in the Cabinet Council or spoken of in the Bed-chamber where of the six grooms five were Scots which was a great advantage unto him He armed also and preferring to make England the Stage of the War rather then his own Country and to invade rather then to be invaded he got ore the Tweed where he found the passage open and as it were made for him all the way till he come to the River of Tine And though there was a considerable English army of horse and foot at Newcastle yet they never offered to face the Scot all the while At Newburg there was indeed a small skirmish but the English foot would not fight so Newcastle Gates flew open to the Scot without any resistance at all where 't is thought he had more friends then foes for all Presbyterians were his confederates The King being advanc'd as far as York summon'd all his Nobles to appear and advise with in this Exigence Commissioners were appointed on both sides who met at Rippon and how the hearts and courage of some English Barons did boil within their breasts to be brought to so disadvantagious Treaty with the Scot you may well imagine So the Treaty began which the Scot would not conform himself unto unlesse he were first made Rectus in Curâ—a and the Proclamation wherein he was call'd Traitor revoked alledging how dishonourable it would be for his Majesty to treat with Rebels This Treaty was then adjourn'd to Londoâ— where the late long Parliament was summon'd Polyander Truly Sir I must tell you that to my knowledge those unhappy traverses with the Scots made the English suffer much abroad in point of National repute But in this last expedition of the Scot England may be said to have been bought and sold considering what a party he had here in Court and country specially in the City of London Therefore his coming in then may be call'd rather as Invitation then an Invasion Philanglus The Scot having thus got quietly into a Town he never took and nested himself in Newcastle Our late long long Parliament began at Westminster Being conven'd the King told them that he was resolved to cast himself and his affairs wholly upon the affection and dâ—lity of his people whereof they were the Representatives Therefore he wished them to go roundly on to close up the Ruptures that werâ— made by that infortunate War and that the two Armies one English the other forraign which were gnawing the very bowels of the Kingdom might be both dismissed Touching grievances of al natures he was ready to redress them concerning the Shipmony he was willing to passe a law for the utter abolition of it and to cancâ—l all the enrollments therefore he wish'd them not to spend much time about that For Monopolies he desired to have a List of them and he would damn them all in one Proclamation Touching ill Counsellours either in White-Hall or Westminster-Hall either in Church or State hee was resolved to protect none Therefore he desired that all jealousies and misunderstandings might vanish and so concluded with this caution That they would be carefull how they shook and dâ—â—jointed the frame of an old setled Government too much in regard 't was like a Watch which being put asunder can never be made up again if the least pin be left out Thus at the beginning of the Parliament there were great hopes of Fair weather after that cold Northern storm and that we should be rid of the Scot but that was least intended till some designs were brought about The Earl of Strafford the Arch-Bishop of Canterbury the Judges and divers other are clapp'd up and the Lord Keeper Finch took a timely flight t'other side of the Sea And in lieu of these the Bishop of Lincoln is inlarged Bastwâ—ck Burton and Pryn who were strong Presbyterians were brought into London with a kind of Hosanna Polyander It is possible that the lenity of the King should be such as to yeeld to all this Philanglus Yes and to comply further with them he took as it were into his bosom I mean he admitted to his Privy Council such Parliament Lords who were held the greatest Zealots among them The Lord Say was made Master of the Court of Wards the Earl of Essex Lord Chamberlain Moreover to give a further evidence how firmly he was rooted in his Religion and how much he desired the strengthning of it abroad the Treaty of marriage went on 'twixt his eldest daughter and the Prince of Orange Hereunto may be added as a special Argument of compliance the passing of the Bill for a Triennial Parliament and lastly he was brought to passe the Act of Continuance which prov'd so fatal unto him Polyander Touching the Triennial Parliament I heard of a Prophetick mistake that came from a Lady of honour who sending news that time to the Country did write that the King had passed a Bill for a Tyrannical Parliament whereas she should have said Triennial And touching the Act of Continuance or perpetual Parliament I heard a tale of Archy the fool who being asked whether the King did well in passing that Bill answered that he knew not whether the King
given of these publik Erogations and taxes Philanglus An account was often voted and promised but never performed for then they should have discovered how much their own memberships had swallowed for their private interest of the publique Tresure by free gifts among themselves and the perquisites of gainfull offices Polyander But we heard beyond Sea that they had passed a solemne Ordinance of 〈◊〉 oâ— self-abnegation called the self-deâ—ying Ordinance whereby they made themselves incapable of Offices and other things of gain Philanglus 'T is true there was such an Ordinance and 't was thought it pass'd principally to remove Essex from the Generalship whom they began to suspect but nothing was afterward lesse observed Polyander I heard you speak of money's borrow'd upon the publique Faith I pray how were those reimboursed Philanglus It was the firstâ—time that publick Faith did ever set up for herself and she quickly grew to be a Bankrupt And never was there such double dealing used by any publick Assembly For when the Lenders upon that publique Faith came to demand their mony 's They could not have them unless they doubled the first sum together with the interest they had received and then they should have the valu in Church or Crown Lands but if they doubled not both interest and principall they should not be capable to have any Laâ—ds allowed for their mony 's Divers to my knowledge have ruin'd themselves hereby and though they clamor'd and spoak high language at the Parliaments dore and were promised satisfaction yet they could not get peny to this day Poliander I heard this cry'd up abroad to be the arrand'st Cheat that ever was done by a great Counsel and one of the foulest blemishes that England cold receave by making her forefeit her faith in that manner Fides publica Fides Punica I heard likewise of divers Interlopers that for half a crown in the pound were used to buy the publique Faith Bills as others drive on a trade to buy the Soldiers Debenters But whereas we have spoke a little of that Dutch Devil the Excise we heard abroad of a Scotch Devil also though of an other nature that was risen up amongst you which was the Covenant I pray how was he conjur'd up Philanglus That Covenant was conjur'd up by the Presbyterian party and may be called a worse Devill than the Excise for the one tyranniz'd o're the Purss the other ore the Conscience But what an unmanly and dishonorable thing was it for the English Nation to bind their souls for conserving the Religion of another foren people inferior to them for conserving the Doctrine Disciplin and Government of that Church which not one Enâ—lish man in a thousand did understand and yet every one must take the holy Covenant by a blind implicit Faith But now that we have fallen upon the Covenant which may be said to be an Engin â—org'd in Hell for battry of the Conscience I will tell you of an odd passage that happend about that time There was one Maâ—ter Heron a Printer who being sent for by the Lady Tilbury she told him that now that there is a Nationall Covenant come forth which every one must taste she had a Sermon in a fair manuscript of that great light of the Church Master Brightman which treats of universâ—l Covenâ—nâ—s how far they are agreeable to Scripture and consonant to the Word of God and it had bin preached before the House of Commons thirty yeers before therefore it would be now very seasonable to print and publish it The Printer giving her Ladyship many thanks received the Sermon which she avouched upon her honour to be a true Copy and undertook the business so he went to him who was appointed by the Synod to licence for the Press pieces of that nature to get an Imprematur but the Syododcall man having kept the Sermon above three dayes by him the Printer went for his Sermon and found it formally licenc'd for the Press but most pittifully falsified interlinâ—d and adulterated in many places For whereas the opinion of Brightman throughout the whole Sermon was That a Nâ—tionall and Generall Covenant was agreeable to the Word of God Provided the Kâ—ng did give his Royall assent thereunto without wâ—ich it wâ—s both detestablâ— and dâ—mnable The holy Synodicall man had expung'd the word King every where and foisted in the room of it sometimes the word Parliament sometimes the Trustees of the Common wealth The Printer having perus'd the interlinations told him that were he to get 1000 l. by printing that Sermon he would not be so arrand a Knave as to wrong the Dead so much by making him speak what he never meant nay things quâ—te contrary to his meaning I saw the said Sermon and the manner how it was so basely sophisticated Polyander There was another Oath consisting all of Negatives called the Oath of Abjuration which I also heard of that came out about the same time which extended to take away the liberty of the very thought it did not only reâ—â—h the outward man but it ransack'd all the Cells of his brain with the intern Ideas and cogitations of his mind Philanglus Truly under favour and correction I humbly speak it there is a kind of inhumanity and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in that Oath for all Laws are made and all Magistrates are instituted to restrain the outward man and regulat his Actions as they refer to the public for it matters not what private crochets we have in our single selfs so we be in comfort and tune with our Companions The Law considers us as we have reference one to another and to the body politic therefore it neither useth to limit our private spendings nor ties us to any cours of diet or Pâ—ysick because our single fortunes and health though they mightily concern our selves yet they are but of little importance to the publique And as every one enjoyes this liberty in relation to his body and goods so our souls ought to be allow'd a proportionable share of that freedom so that it give no scandall to the publique Our thoughts as long as we keep them within dores cannot any way offend therefore the Law hath provided no punishment for them The intention of Murther is taken no notice of by the Law if the design of mischief stay at the imagination and proceeds no further to any outward attempt The Law referrs that to the great Tribunal of God who is the only Kardiognostic the sole searcher of the heart If a Law were justifiable against erroneous Thoughts in points of Religion with an Oath of Abjuration to make the suspected accuse himself why as a Gentleman doth rationally inferr should there not an Oath be also provided against thoughts of Treson Adulâ—ery and Murther and so bring every one to swear whether he be guilty or no of such crimes Now touching this Presbyterian Oath of Abjuration it is not contented with a modest and
they first interdicted trade They countenanced all tumultuous Riots gave way to Club-law and They kept the King by force out of Hull issued Commissions for Horse brought in foren force and had a compleat Army in motion a good while before the Royall Standard was set up Polyander I remember a witty Motto that the last French Cardinal caused to be engraven upon the brich of some new Canons which were cast in the Arsenall at Paris it was KATIO ULTIMA REGUM Viz. That the Canon was the last reason of Kings But whether this Motto may fit Subjects I will not now dispute But sure the King was ill advised so to rush into a War considering what infinite advantages the Houses had of him for as you say'd before they had the Sea the Scot and the City on their side and the King had no Confederate at all at home or abroad I am sure he had no friend abroad that one might say was a true friend unto him unless it was the Prince of Oraâ—â—e in regard he had disobliged all other Princes For you know as soon as he came to the Crown he rushed into a War with the King of Spain and in lieu of making him his Brother in â—awâ—e made him his foe which stuck still in his stomach as also thâ—â— he had given so fair a reception to the Ambassadors of Don Juan de Braganza now King of Portugâ—ll A little after he broke with the Frâ—nch King Notwithstanding that he had his Sister every night in his Arms The Hollandâ—rs gave out that he had appeard more for the Sâ—aniard than Them in that great fight with Doâ— Antonâ—o d'Oquâ—ndâ— and that he suffer'd his own ships and others to convey the King of Spains mony to Dunkerke He was ingag'd to his Oncâ—e the K. of Deâ—mark in great old sâ—mâ— whereof there was little care taken to give satisfaction the Iriâ—h cryed out They had bin oppressed The Swed observed that he was more for the House of Austria than for Gustavus Adolphus And at home I have been told that the Irish cryed out he had bin oppressed And the Scot whom he had obliged most of any by such Mountains of favours with divers of his own Creatures and domestic bosome servants whom he had engaged most started aside from him like a broken bow so that all things did co-operat and conspir'd as it were to make him a hard-Fated Prince and to usher in a Revolution Philanglus Yet I heard that all Princes were very sensible of his fall Polyander T' is true they did must resent it at first yet they were affected rather with â—stonishment then sorrow And touching the Roman Catholique Princes they did afterwards rejoyce at it considering what a blemish the manner of his death brought upon the Reformed Religion but Sir I pray be pleased to proceed Philanglus The Sophies or Gran signo'rs of the Common-wealth whereof we spoke before scrued up their authority every day higher and higher They declare that an Ornance of Parliament without the Royal assent is equivalent to an Act They declare that not onely the consultative ministerial and directive power is in them but also the Judicatory Despotical and Legislative highest power is inherent in the Walls of their two Houses That their power is also Arbitrary Vbiquitary and incontrolable That they are not subject to Dissolution or Time being the eternal and irrevocable Trustees of the Commonwealth with such Rodomontado's which made one to think that a Mid-summer Moon had got betwixt them and therefore thought this Anagram a very fit one to be set upon the dore of the House with the distic annexed Parliamentum Lar Amentium Fronte rogas isto P. cur Anagrammate non sit In promptu causa est Principem abesse scias Polyander They who have pryed into the true humour of a Portuguez have observ'd that He useth to act more according to what hee thinks himself to be then what he really is It seems that these Parliamenteers were possess'd and puffed up with the same humour But if the supream power were in an Assembly when that Assembly is risen I wonder what 's become of the power sure it must rest in the air or sticking to the Walls of the Chamber where they breath'd Now Sir touching long Parliaments I am of opinion it is the greatest and generallest grievance that can be possibly to the English people by reason that besides other irregularities it stops the ordinary course of Law in regard of the priviledge they have not to be subject to arrest with others to whom they give protection now not one in four of that long Parliament men but ow'd money and what use Sir Peter T and others made of that priviledge to the detriment of a thousand poor Creditors is too well known And were such men think you fit to keep the Kingdomes Purse in their Pockets so long but having got the Great Seal as well as the Sword into their hands what signal Acts of Justice did they do Philanglus 'T is true they had got the Seal and Sword which the Law of England doth appropriate to the chiefest Magistrate the one should be girt onely to his side and the other hang at his Girdle And it was told them to their faces by the knowingest Members in the House that to cut a broad Seale of England was the highest reason that possibly could be attempted without the assent of the Governor in chief Now Sir touching any signal Act of Justice they ever did I am to seek to this day but for horrid acts and passages of in justice I think there could be produced a thousand clear and yet crying examples which would make a greater volume then the Book of Martyrs I mean Acts that were done before the wars begun and after it was ended which takes away the specious colour of necessity wherewith they varnished all their excesses and actions I will instance onely in two for this was intended for a short discourse not for a story viz. The business of the Lord Craven and Sir John Stawel the first a personage who is a great ornament to this Nation by his gallant comportments beyond the Seas the other one of the considerablest Knights in the whole Country Touching the Lord Craven he went with consent of Parliament to his charge in the Low Countries not onely before the War but before any discontentment happened at all 'twixt King and Parliament and being attenâ—ing his said military charge at Breda when the King of Scots came thither and the Queen of Bohemia being also there he could not avoid seeing them sometimes nor was there any Order or Act of Parliament to prohibit any body from doing so but for intermedling with any affairs of State or mixing with the Scots Council he never did it At that time there happened to be in Breda many cashiered English Officers and among them one Faulkner who having a Petition drawn and written all with his own
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