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A44747 The pre-eminance and pedigree of Parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd The popish royall favorite, pen'd and published by Mr. Prynne wherein he stiles him no frend [sic] to Parlements and a malignant, pag. 42 : with a clearing of som occurences in Spain at His Majesties being there, cited by the said Master Prynne out of the vocal forest / by J.H., Esq., one of the clerks of His Maiesties most honourable Privy-Councel. Howell, James, 1594?-1666.; Prynne, William, 1600-1669. Popish royall favourite. 1649 (1649) Wing H3107; ESTC R28696 11,947 24

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Claudius Caesar at which time as som well observe the Roman Ensigns and the Standard of Christ came in together It is well known what Laws the Roman had He had his Comitia which bore a resemblance with our Convention in Parlement the place of their meetings was called Praetorium and the Laws which they enacted Plebiscita The Saxon Conquest succeeded next which were the English ther being no name in Welsh or Irish for an Englishman but Saxon to this day They governed by Parlement though it were under other names as Michel Sinoth Michel Gemote and Witenage Mote Ther are Records above a thousand yeers old of these Parlements in the Raigns of King Ina Offa Ethelbert and the rest of the seven Kings during the Heptarchy The British Kings also who retain'd a great while som part of the Isle unconquered governed and made Laws by a kind of Parlementary way witness the famous Laws of Prince Howel called Howel Dha the good Prince Howel wherof ther are yet extant som Welsh Records Parlements were also used after the Heptarchy by King Kenulphus Alphred and others witness that renowned Parlement held at Grately by King Athelstan The third Conquest was by the Danes and they govern'd also by such general Assemblies as they do to this day witness that great and so much celebrated Parlement held by that mighty Monarch Canutus who was King of England Denmark Norway and other Regions 150 yeers before the compiling of Magna Charta and this the learned in the Laws do hold to be one of the specialest and most authentic peeces of Antiquity we have extant Edward the Confessor made all his Laws thus and he was a great Legis-lator which the Norman Conquerour who liking none of his sons made God Almighty his heir bequeathing unto him this Island for a Legacy did ratifie and establish and digested them into one entire methodical Systeme which being violated by Rufus who came to such a disastrous end as to be shot to death in lieu of a Buck for his sacriledges were restor'd by Henry the first and so they continued in force till King John whose raign is renowned for first confirming Magna Charta the foundation of our Liberties ever since Which may be compar'd to divers Outlandish Graffs set upon one English stock or to a Posie of sundry fragrant Flowers for the choisest of the British the Roman Saxon Danish and Norman Laws being cull'd and pick'd out and gathered as it were into one bundle out of them the foresaid grand Charter was extracted And the establishment of this great Charter was the work of a Parlement Nor are the Laws of this Island onely and the freedom of the Subject conserved by Parlement but al the best policed Countryes of Europ have the like The Germanes have their Diets the Danes and Swedes the Riicks Dachs the Spaniard calls his Parlement Las Cortes and the French have or should have at least their Assembly of three States though it be grown now in a manner obsolete because the Authority therof was by accident devolv'd to the King And very remarkable it is how this hapned forwhen the English had taken such large sooting in most parts of France having advanced as far as Orleans and driven their then King Charls the seventh to Bourges in Berry the Assembly of the three States in these pressures being not able to meet after the usual manner in full Parlement because the Country was unpassable the enemy having made such firm invasions up and down through the very bowels of the Kingdom that power which formerly was inherent in the Parlementary Assembly of making Laws of assessing the Subject with Taxes subsidiary levies and other impositions was transmitted to the King during the VVar which continuing many yeers that intrusted power by length of time grew as it were habitual in him and could never after be re-assumed and taken from him so that ever since his Edicts countervail Acts of Parlement And that which made the busines more seasable for the King was that the burthen fell most upon the Communalty the Clergy and Nobility not feeling the weight of it who were willing to see the Peasan pull'd down a little because not many yeers before in that notable Rebellion call'd La Iaquerie de Beauvoisin which was suppressed by Charls the wise the common people put themselves boldly in Arms against the Nobility and Gentry to lessen their power Add hereunto as an advantage to the work that the next succeeding King Lewis the eleventh was a close cunning Prince and could well tell how to play his game and draw water to his owne Mill For amongst all the rest he was said to be the first that put the Kings of France Hors de page out of their minority or from being Pages any more though therby he brought the poor Peasans to be worse than Lacquays VVith the fall or at least the discontinuance of that usuall Parlementary Assembly of the three States the liberty of the French Nation utterly fell the poor Roturier and Vineyard-man with the rest of the Yeomanry being reduced ever since to such an abject asinin condition that they serve but as sponges for the King to squeeze when he list Nevertheles as that King hath an advantage hereby one way to monarchize more absolutely and never to want money but to ballast his Purse when he will so ther is another mighty inconvenience ariseth to him and his whole Kingdom another way for this illegal peeling of the poor Peasan hath so dejected him and cowed his native courage so much by the sense of poverty which brings along with it a narrownes of soul that he is little useful for the VVar which puts the French King to make other Nations mercenary to him to fill up his Infantry Insomuch that the Kingdom of France may be not unfitly compared to a body that hath all its blood drawn up into the Arms Brest and Back and scarce any left from the Girdle downwards to cherish and bear up the lower parts and keep them from starving All this seriously considered ther cannot be a more proper and pregnant example than this of our next Neighbours to prove how infinitely necessary the Parlement is to assert to prop up and preserve the Public Liberty and National Rights of a people with the incolumity and welfare of a Countrey Nor doth the Subject onely reap benefit thus by Parlement but the Prince if it be well consider'd hath equall advantage therby It rendreth him a King of free and able men which is far more glorious than to be a King of Slaves Beggers and Bankrupts Men that by their freedom and competency of 〈◊〉 are kept still in heart to doe him service against any forrain force And it is a true maxim in all States that 't is lesse danger and dishonour for the Prince to be poor than his people Rich Subjects can make their King rich when they please if he gaine their hearts he
Natus Maij 29. Ano 1630. Aetatis Suae 19. THE PRE-EMINENCE AND PEDIGREE OF PARLEMENT Wherunto is added A Vindication of some Passages reflecting upon the Author In a Booke call'd The Popish Royall Favorite Pen'd and Published by Mr. Prynne wherein he stiles him No Frend to Parlements and a Malignant Pag. 42. With a clearing of som Occurrences in Spain at His MAIESTIES being there cited by the said Master Prynne out of the Vocal Forest By J. H. Esq One of the Clerks of His MAIESTIES most Honorable Privy-Councel Published by speciall Order London Printed by W. W. for Humphrey Moseley 1649. TO My worthily honored Frend Sir W. S. Knight SIR I Have many thanks to give you for the Book you pleased to send me called The Popish Royall Favorite and according to your advice which I value in a high degree I put Pen to Paper and some thing you may see I have don though in a poor Pamphleting way to clear my self of those aspersions that are cast upon me therin But truly Sir I was never so unfit for such a task al my papers Manuscripts and Notes having been long since seized upon and kept from me Add hereunto that besides this long pressure and languishment of twenty three moneths close restraint the sense whereof I find hath much stupified my spirits it pleased God to visit me lately with a dangerous fit of sicknes a high burning Fever with the new Disease wherof my Body as well as my Mind is yet somwhat crazy So that take all afflictions together I may truly say I have passed the Ordeal the fiery Tryal But it hath pleased God to reprieve me to see better days I hope for out of this fatal black Cloud which now oresets this poor Island I hope ther will break a glorious Sun-shine of peace and firm happines To effect which had I a Jury a Grand-Jury of lives I would sacrifice them all and triumph in the oblation So I most affectionately kisse your hands and rest From the Prison of the Fleet Your faithful though afflicted Servant J. H. The Pre-eminence of Parlement Sectio Prima I Am a free-born Subject of the Realm of England wherby I claim as my native Inheritance an undoubted right propriety and portion in the Laws of the Land And this distinguisheth me from a Slave I claim also an interest and common right in the High National Court of Parlement and in the Power the Priviledges and Jurisdiction therof which I put in equal ballance with the Laws in regard it is the Fountain whence they spring And this I hold also to be a principal part of my Birth-right which great Councel I honour respect value and love in as high a degree as can be as being the Bulwark of our Liberties the main boundary and bank which keep us from slavery from the inundations of tyrannical Rule and unbounded Wil-government And I hold my self obliged in a tye of indispensable obedience to conform and submit my self to whatsoever shall be transacted concluded and constituted by its authority in Church or State whether it be by making enlarging altering diminishing disanulling repealing or reviving of any Law Statute Act or Ordinance whatsoever either touching matters Ecclesiasticall Civil Common Capital Criminal Martial Maritine Municipal or any other of all which the transcendent and uncontrolable Jurisdiction of that Court is capable to take cognizance Amongst the three things which the Athenian Captain thank'd the gods for one was That he was born a Grecian and not a Barbarian For such was the vanity of the Greeks and after them of the Romans in the flourish of their Monarchy to arrogate all civility to themselves and to term all the world besides Barbarians So I may say to have cause to rejoyce that I was born a vassall to the Crown of England that I was born under so well moulded and tempered a Government which indows the Subject with such Liberties and Infranchisements that bear up his natural courage and keep him still in heart such Liberties that fence and secure him eternally from the gripes and tallons of Tyranny And all this may be imputed to the Authority and Wisdom of this High Court of Parlement wherin ther is such a rare co ordination of power though the Soverainty remaine still entire and untransferable in the person of the Prince ther is I say such a wholsom mixture 'twixt Monarchy Optimacy and Democracy 'twixt Prince Peers and Communalty during the time of consultation that of so many distinct parts by a rare co-operation and unanimity they make but one Body Politic like that Sheaf of Arrows in the Emblem one entire concentrical peece and the results of their deliberations but as so many harmonious diapasons arising from different strings And what greater immunity and happines can ther be to a people than to be liable to no Laws but what they make themselves To be subject to no Contribution Assessement or any pecuniary levy whatsoever but what they Vote and voluntarily yeeld unto themselves For in this compacted Politic Body ther be all degrees of people represented both the Mechanick Tradesman Merchant and Yeoman have their inclusive Vote as well as the Gentry in the persons of their Trustees their Knights and Burgesses in passing of all things Nor is this Soverain Surintendent Councell an Epitome of this Kingdom onely but it may be said to have a representation of the whole Universe as I heard a fluent well-worded Knight deliver the last Parlement who compared the beautifull composure of that High Court to the great VVorke of God the World it self The King to the Sun the Nobles to the fixed Stars the Itinerant Judges and other Officers that go upon Messages ' twixt both Houses to the Panets the Clergy to the Element of fire the Commons to the solid Body of Earth and the rest of the Elements And to pursue this comparison a little farther as the heavenly Bodies when three of them meet in Conjunction do use to produce som admirable effects in the Elementary World So when these three States convene and assemble in one solemn great Junto some notable and extraordinary things are brought forth tending to the welfare of the whole Kingdom our Microcosm HE that is never so little versed in the Annales of this Isle will find that it hath bin her fate to be sour times conquered I exclude the Scot for the situation of his Countrey and the quality of the Clime hath bin such an advantage and security to him that neither the Roman Eagles would fly thither for fear of Freezing their Wings nor any other Nation attempt the work These so many Conquests must needs bring with them many tumblings and tossings many disturbances and changes in Government yet I have observed that notwithstanding these tumblings it retained still the form of a Monarchy and somthing ther was alwaies that had an Analogy with the great Assembly the Parlement The first Conquest I find was made by
will quickly get their purses Parlement encreaseth love and good intelligence ' twixt him and his people it acquaints him with the reality of things and with the true state and diseases of his Kingdome it brings him to the knowledg of his better sort of Subjects and of their abilities which he may employ accordingly upon all occasions it provides for his Royall Issue payes his debts finds means to fill his Coffers And it is no ill observation The Parlementary-moneys the great Aid have prospered best with the Kings of England it exceedingly raiseth his repute abroad and enableth him to keep his foes in feare his Subjects in awe his Neighbours and Confederates in security the three main things which go to aggrandize a Prince and render him glorious In sum it is the Parlement that supports and bears up the honour of his Crown and settles his Throne in safety which is the chief end of all their consultations For whosoever is intrusted to be a Member of this High Court carrieth with him a double capacity he fits there as a Patriot and as a Subject As he is the one the Countrey is his object his duty being to vindicate the Publike Liberty to make wholsom Laws to put his hand to the pump and stop the leaks of the great vessell of the State to pry into and punish corruption and oppression to improve and advance trade to have the grievances of the place he serves for redressed and cast about how to find somthing that may tend to the advantage of it But he must not forget that he sits ther also as a S●●●●ct and according to that capacity he must apply himse●● to do his Soveraigns busines to provide not onely ●●r his publike but his personal wants to bear up the lustre and glory of his Court to consider what occasions of extraordinary expences he may have by encrease of Royall Issue or maintenance of any of them abroad to enable him to vindicate any affront or indignity that might be offered to his Person Crown or Dignity by any forrain State or Kingdom to consult what may enlarge his honour contentment and pleasure And as the French Tacitus Comines hath it the English Nation was used to be more forward and zealous in this particular than any other according to that ancient eloquent speech of a great Lawyers Domus Regis vigilia defendit omnium otium illius labor omnium deliciae illius industria omnium vacatio illius occupatio omnium salus illius periculum omnium honor illius objectum omnium Every one should stand Centinell to defend the Kings Houses his safety should be the danger of all his pleasures the industry of all his ease should be the labour of all his honour the object of all Out of these premisses this conclusion may be easily deduced that The principal Founntain whence the King derives his happines and safety is his Parlement It is that great Conduit-Pipe which conveighs unto him his peoples bounty and gratitude the truest Looking-Glasse wherein he discerns their loves now the Subjects love hath bin alwayes accounted the prime Cittadel of a Prince In his Parlement he appears as the Sun in the Meridian in the altitude of his glory in his highest State Royal as the Law tels us Therfore whosoever is avers or disaffected to this Soveraign Law making Court cannot have his heart well planted within him He can be neither good Subject nor good Patriot and therfore unworthy to breathe English air or have any benefit advantage or protection from the Laws Sectio Secunda BY that which hath been spoken which is the language of my heart I hope no indifferent judicious Reader will doubt of the cordiall affection of the high respects and due reverence I bear to Parlement as being the wholsomest constitution and done by the highest and happiest reach of policy that ever was established in this Island to perpetuate the happines therof Therfore I must tell that Gentleman who was Author of a Book entituled The Popish Royall Favorite lately Printed and exposed to the world that he offers me very hard measure nay he doth me apparent wrong to tearm me therin No frend to Parlement and a Malignant A character which as I deserve it not so I disdain it For the first part of his charge I would have him know that I am as much a frend and as real an affectionate humble servant votary to the Parlement as possibly he can be and will live and die with these affections about me And I could wish that he were Secretary of my thoughts a while or if I may take the boldnes to apply that comparison His late Majestie used in a famous speech to one of his Parlements I could wish ther were a Crystall VVindow in my Brest through which the world might espie the inward motions and palpitations of my heart then would he be certified of the sincerity of this protestation For the second part of his charge to be a Malignant I must confesse to have som Malignity that lurks within me much against my will but it is no malignity of mind it is amongst the humours not in my intellectuals And I beleeve there is no naturall man let him have his humours never so well ballanced but hath som of this malignity reigning within him For as long as we are composed of the four Elements whence these humours are derived and with whom they symbolize in qualities which Elements the Philosophers hold to be in a restlesse contention amongst themselves and the Stoick thought that the world subsisted by this innate mutuall strife as long I say as the four humours in imitation of their principles the Elements are in perpetuall reluctancy and combate for praedominancy ther must be some malignity lodg'd within us as adusted choler and the like whereof I had late experience in a dangerous fit of sicknes it pleased God to lay upon me which the Physitians told me proceeded from the malignant hypocondriacal effects of melancholy having been so long in this Saturnine black condition of close imprisonment and buried a live between the VVals of this fatal Fleet These kinds of malignities I confes are very rife in me and they are not onely incident but connaturall to every man according to his complexion And were it not for this incessant strugling and enmity amongst the humours for mastery which produceth such malignant effects in us our souls would be loth ever to depart from our bodies or to abandon this mansion of clay Now what malignity my Accuser means I know not if he means malignity of spirit as som antipathy or ill impression upon the mind arising from disaffection hatred or rancor with a desire of some destructive revenge he is mightily deceiv'd in me I malign or hate no Creature that ever God made but the Devill who is the Author of all malignity and therfore is most commonly called in French le Malin Asprit the malignant spirit