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
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
of late years and challenge such an interest in the publique Government and making of Laws Philanglus It is a certain truth that in former ages the Kings of England as well Saxons Danes Normans and English Kings did steer the course of their government by the advice of their own Privy Council and in extraordinary cases by the compasse of the great Council consisting onely of spiritual and secular Barons whom they convoked by royal summons when they pleased I told you this word Parliament came in with the Norman yet the Commons were not call'd to Parliament till that raign of Henry the first which was a good while after the Conquest to which purpose Sir Walter Raleigh writes saying it is held that the Kings of England had no formal Parliaments till about the 18. year of Henry the first at which time the Commons were summoned and the great Charter was granted and if we believe Sir Walter Raleigh and others the House of Commons and Magna Charta had first but obscure births being sprung from userpers and fostered afterward by rebellion for King Henry the first did but usurp the Kingdome and therefore to secure himself the better against Robert his eldest brother he courted the the Commons and granted them that great Charter with Charta de Foresta which King John confirmed upon the same grounds for he was also an usurper Arthur Duke of Britain being the undoubted Heir of the Crown so the house of Commons and these great Charters had their original from such that were Kings de facto not de jure Polyander It is observed that usurpers are commonly the best Law makers which they do to ingratiate themselvs the more to the people as besides these Kings you have named Richard the third did who was said to be a good King though a bad man a character clean contrary to that I heard some abroad give of the last King who they said was a good man but an ill King but I pray be pleased to proceed Philanglus Whereas I told you before that it was in the raign of Henry the first that the people were admitted to the Common Council of the Kingdome yet they were not constantly called for though the said King called them to his Coronation and againe in the 15. or 18. year of his reign yet he did not so alwayes neither many of those Kings that succeeded Polyander I remember to have read one remarkable passage in the reign of Henry the first that in his third year for the marriage of his daughter he raised a tax upon every hide of Land but he did this by the advice of his Privy Council alone without consulting publiquely with either Prelate Peer or People Philanglus So did divers of his Antecessors and successors also after the Commons were admitted to partake of the Common Council But to illustrate this point further notwithstanding that the Commons were sought unto in Henry the first's time yet they were not constantly and formally sent unto till Henry the third in whose reign the Writs of Summons for elections were first issued but the succeeding Kings assum'd a power to regulate those Writs at pleasure by the sole advice of their Privy Council as we read in the time of Henry the sixth who was the first framer of that famous Ordinance Whereas Elections of Knights have been made with great outrages and excessive number of people of which most part was people of no value yet pretend a voice equivolent to worthy Knights and Esquires whereby many riots manslaughter and division among Gentlemen shal likely be Our Lord the King hath ordain'd that Knight of Shires be chosen by people dwelling in the Counties every one of them having lands or tenements to the value of 40 s. per annum at least and that he who is chosen be dwelling and resiant within the Counties where they are elected Polyander But did not the Kings of England reserve a power to except against any that came to Parliament Philanglus Mr. Camden speaking of the dignities of Barons saith that it was ordained and decreed in the reign of Henry the third that all those Earls and Barons unto whom the King himself vouchsafed to direct his Writs of Summons should come to his Parliament and no others And this rule Edward the first constantly observed and continued for as Câ—mden hath it that prudent King summoned alwaies those of ancient families and who were most wise to his Parliament and omitted their sons after their death if they were not answerable to their fathers in understanding in another place he saith select men for wisedom and worth among the Gentry were called to Parliament and their posterity omitted if they were defective herein Polyander If the King hath a power to except against a Nobleman from sitting in Parliament sure by an argument à majori ad minus he may do it against a Commoner Philanglus It should be so in reason and Queen Elizabeth who was so great a darling of her people did practise her power that way often But the modesty of the House of Commons was very great in former times for they did arrogate no more power then what the Kings Writ gave them they evaded matters of State as much as they could 13. of Edward the third a Parliament was called to consult of the domestick quiet the defence of the marches of Scotland and security of the Seas from enemies the Commons were desired their advise herein but they humbly desired not to be put to consult of things Queuâ—ils n'ont pas cognisance Things whereof they had no cognâ—sance In 21. of the same King the Commons being mov'd for their advice touching a prosecution of a war with France by an elegant speech of Justice Thorp after four days consultation they answered That their humble desire to the King was that he would be advised thereâ—n by the Lords being of more experience then themselves in such affairs In the 6. year of Richard the second the Parliament was call'd to consult whether the King should go in person to resâ—â— the great City of Gaâ—nt or send an Army the Commons being askâ—d their advice the humbly answered by Sir Thomas â—uckerinâ— their Speaker that the Councils of Waâ— did more aptly belong to the King and 〈◊〉 Lords The next year after the Commoâ— are willed to advise of the Articles 〈◊〉 peace with France but they modestly eâ—cuse themselves as too weak to counsell in â— weighty matâ—ers And being charged agaiâ— as they did tender the repute of the County and right of their King the humbly deâ—ivered their opinions ratheâ— for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they declineâ— the agitation and cognizance of higâ— State affairs specially forraign humblâ— transferring them to their Soveraign anâ— his Vpper Council a Parliament maâ— then I mean a member of the Commons House thought to be the adequâ—â— object of his
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
returned without the prisoner This being related to the House of Commons they would sit no longer without their Member and desiring a conference with the Lords Sir Thomas Aâ—dly then Chancellour and the rest judged the contempt to be very great and referred 〈◊〉 punishment thereof to the House of Commons it selfe Concerning liberty or freedome of speech which is held another privilege of Parliament There is a speech of Sir Thomâ—â— Moors upon record who being chosen Speaker 14. Henry the eight He first disabled himself and then petitioned the King in the behalf of the House that if iâ— communication and reasoning any maâ—â— should speak more largely then of duty be ought to do all such offences should be pardoned which was granted and entreâ— upon record In which petition it is observable that liberty or freedom of speech is not a power for men to speak whaâ— they will or please in Parliament It is â— priviledge onely not to be punished but pardoned for the offence of speaking more largely then in duty they ought to do which in a right construction must be understood of rash unadvised ignorant or negligent escapes and slips in speech not for willfull malicious much lesse for treasonable speeches And then the Kings pardon was desired to be upon record that it might be pleaded at Bar to all actions There is a speech upon record in Queen Elizabeths time wherein the Commons were warn'd not to meddle with the Queens Person the State or Church-Government Polyander I have heard of divers traverses that hapned in the reign of that popular and long lived Queen which trenched as much if not more upon the priviledges of Parliament and the liberties of the people then any that happen'd in the reign of the two last Kings Philanglus It is very true and I will give you some instances drawn from good authentick records 23. Elizabeth Mr. Paul Wentworth moved in the House for a publick fast and for a Sermon every morning at seven a clock before the House sate the House hereupon was divided 100 were against it and 150 for it and so an order passed accordingly The Queen being told hereof sent a message to the House by her Vice-chamberlain That her Highnesse had great admirâ—â—tion of the rashnesse of the House in commitâ—ing such an apparent contempt of her expresse command as to put in execution such an innovation without her privity or pleasure fist known Thereupon Mr. Vice-chamberlain moved the House to make an humble submission to her Majesâ—y acknowledging the said offence and contempt and to crave remission for the same withâ—â—full purpose to forbear the committing of the like hereafter So by the suffrage of the whole House Mr. Vice-chamberlain carryed their submission to the Queen accordingly 35 Elizabeth Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entayling the succession of the Crown whereof a Bill was ready drawn The Queen was highly displeased herewith and charged her Councel to call the parties before them so Sir Thomas Henage was sent to fetch them so they were first commanded to forbear going to the House and not to go out of their several lodgings afterward they were called before the Lord Tresurer Lord Buckhurst and Sir Thomas Henage Wentworth was committed to the Tower and Bromeley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcestershire The Queen sent a notable check to the House of Commons 28. of her raign for chosing and returning Knights of the Shire for Norfolk a thing impertinent for the House to deal withall and belonging only to the Office and charge of her Chancellor from whom the Writs issue and are return'd In one Parliament when Mr. Coke afterwards Sir Edward Coke was Speaker the Queen sent a Messenger or Sargeant at Arms into the House of Commons and took out Mr. Morris and committed him to Prison with divers others for some speeches spoken in the House Thereupon Mr. Wroth moved the House that they would be humble sutors to her Majesty that she would be pleased to enlarge those members of the House that were restrain'd which was done accordingly and answer was sent by her Privy Councel That her Majesty had committed them for causes best known to her self and to presse her Highuesse with this suit would but hinder the whole good they sought That the House must not call the Queen to an account for what shee doth of her Royal Authority That the causes for which they are restrain'd may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into matters of that nature The Commons were told 39. Elizabeth that their priviledge was yea and no And that her Majesties pleasure was that if the Speaker perceived any idle heads which would not stick to hazard their own estates but meddle with reforming the Church and trans forming the Common-weal by exhibiting Bills to that purpose the Speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things and can better judge of them Moreover the Queen rejected 48. Bills which had passed both Houses in that Parliament The House of Commons by their Speaker 39. Elizabeth complained of some Monopolies whereupon the Lord Keeper made answer in her Majesties name That her Highnesse hoped her dutiful and loving Subjects would not take away her Prerogative which is the chiefest flower in her Garland the principall and hâ—ad Pearl in her Crown and Diadem but that they will rather leave that to her own disposition Sergeant Heal said 43. Elizabeth publiquely in Parliament that he marvelled the House stood either at the granting of a subsidy or time of payment considering that all we have is her Majesties and she may lawfully at her pleasure take it from us in regard she had as much right to all our lands and goods as to any revenew of the Crown and he said he could prove it by precedents in the raign of Henry the third King John and King Steven This speech agrees with that which Sir Edward Coke hath in his Institutes where he saith positively That the first Kings of this Realm had all the Lands of England in Demesne and the great Mannors and Royalties they reserved to themselves and enfeoffed the Barons of the remnant for the common defence of the Kingdom There was a remarkable passage happen'd in the raign of Henry the fourth The House of Commons Petitioned the King that they might have advice and communication with certain Lords about matteâ—â— of businesse in Parliament for the commoâ— good of the Kingdom which prayer as the record hath it Our Lord the King graciously granted but with this protestation That he did it not of duty nor of custom but of his special grace So our Lord the King
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
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
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
but how was it possible for the King to subsist so long considering the mighty advantages the Parliament had of him Philanglus There were mighty advantages indeed For they had all the tenable places and Towns of strength both by Land and Sea They had all the Navy Royal They had the Tower of London with all the Ammunition and Arms of the Crown They had the Imposts and Customs Poundage and Tonnage they had the Exchequer at their devotion with the Revenues of King Queen and Prince They had the City of London which may be called the great Magazin of men and money where there is a ready supply of all things that may feed cloath or make them gay and gallant to put them in heart and resolution Polyander Then they had Sea City and Scot on their side But how came the Scot to be so against the King or to levy Armes without his Commission considering the late great Protestations and Oaths they had made not to do it by reviving the Act of Parliament to that effect which they said they did in recognition of those Royal recent favours and unparalleld mighty Concessions and Acts of grace which he had done them by their own Confessions Philanglus They were indeed mighty or rather monstrous Acts of grace that he had passed unto them which did so trench upon the Royal Prerogative and so deâ—ude him of all power that it mought have been said of him ever after that he was King of Scotland no otherwise then he was King of France titular only Polyander How did the Scots expresse their thankfulnesse to their King and Country-man afterwards for such transcedant favours Philanglus They proved the greatest Monsters of Ingratitude of any upon earth specially the Kirk-men whom he had obliged in an extraordinary manner For the King being informed of the mean condition of Church-men in that Kingdom who by their holy function have a care of the noblest part of man and being told what poor pittances or rather benevolences oneâ—y they had and for those also how they depended upon the will and pleasure of the Laic By a special Commission to that purpose he found a way not onely to augment but to ascertain those Salaries of Church Ministers upon good firm rent whereby they might be free from that servile kind of Clientele and Dependency they had upon their secular Patrons Polyander Questionlesse this was a mighty general advantage to the Clergy of Scotland both in point of esteem and subsistence but what returns did these royal favours receive Philanglus Those foolish Kirk men grew afterwards his greatest enemies by virulent seditious Preachments and Pasquils to corrupt and lessen the hearts of the Subjects towards him nay when he made himself a Prisoner to the Scots Army at Newark and Newcastle those Kirk-men did so little resent his hard condition that they did Preach up and down against his comming to Scotland c. Moreover Whereas The common sort of Freeholders who were bound to pay Tithes to the Impropriation or Lords of the Erection as they stil'd themselves were us'd to be much incommoded and oftentimes damnified because they could not take in their Corn till the secular Lord had fetched away his Tithe which he would sometimes delay of purpose to shew his Passion or Power whereby the whole Crop for not taking the advantage of the weather oft-times did suffer The King for relief of the Country Husbandman appointed certain Commissioners to take this grievance into consideration who after much pains taken in the businesse found out a legal and indifferent way to purchase those Tithes and bring the Impropriator to take a pecuniary set valuable Rent which was also an advantage to Him in regard of the certainty of it Polyander It was doubtlesse an advantage to both parties but how did they carry themselves towards the King afterwards Philanglus Just as the Kirk-men did But you shall hear more when the King as I told you before had in a full Parliament confirm'd unto the Scot all the priviledges of Kirk and Kingdom when he had made an oblation to them of all the Bishops Lands conferred many honours and offices and done them many other obliging Acts of Grace and all this gratis the English Parliaments using alwaies to answer their Kings favours in this kind with a supply of Treasure I say in having done all this gratis He before his departure desired them to continue their allegiance and live in peace for they had not now the least grievance to complain of and if any difference should fall out betwixt him and his English Subjects which he hoped God would avert He desir'd them not to intermeddle for whereas he might expect and demand aid of them if the case requir'd yet he would not trouble the repose of that his Native Countrey This they all did not onely promise to do but they did solemnly oblige their Souls thereunto by revival of the Act I told you of before at the publishing whereof one of their Grandees fell on his knees and lifting up both his Arms wish'd they might rot to his body before death if ever he would heave them up hereafter or draw sword against his gid King yet for all this they intruded themselves into the Kings affairs convok'd a Parliament without his summons sent Commissioners to Oxford and thrust themselves to be Vmpires They made besides a strict League with the English Parliament and at last rush'd into England again with an Army in the dead of Winter which Army they had levied not onely without but expresly against the Kings Commission and Countermands that wretch who had publickly vowed never to draw Sword again without his Majesties Commission c. comming General of the said Army But for Martial exploits the little credit that Army got by storming Newcastle was not countervailable to that which they lost before Hereford where the Welchmen bang'd them to some purpose from before the Town and made their General after 9 weeks siege to trusse up his pack and away sending him a fat Sow with a Litter of Piggs after her and a blew Bonnet upon her head for his Breakfast I must inform you farther that the King being reduced to much extremity in Oxford by crosse successes and Councils he got away in a Serving-mans disguise to the Scots Army neer Newark as his last refuge which plot was managed by the subtilety of the French Agent then residing here A man would have thought that Nation would have deemed it an eternal honour to have their own King and Country man to throw himselfe thus into their Armes and repose so singular a confidence in them upon such an exigent But they corresponded not with him as he expacted For though at first when the English Parliament sollicited their Dear Brethren for a delivery of the Kings Person unto them their note was then that if any stranger Prince had put himselfe so upon them they could not with honour deliver him
up much less their own native King yet they made a sacrifice of him afterwards for a summe of money Whereupon Bellieure the French Embassador being convoyed by a troop of Scots horse to such a stand in lieu of larges to the said Troopers he drew out half a Crown piece and asked them how many pence that was they answered thirty pence he replied for so much did Judas betray his Master and so hurld them the half Crown Polyander But afterwards the Scots carried themselves bravely by sending a gay Army under D. Hamilton to assist the King Polyander Touching that Presbyterian Army the bottom of its design is not known to this day and I was told that when the King heard of it and that Himilton was in the head of it he should say Then I expect but little good to be done for me Polyander Certainly the routing of that Army was a glorious exploit of the Lord Protector that now is his forces not amounting to the third part of the Scots Philanglus It was certainly a very heroik Achivement as also was the battail of Dunbar where the Scots had greater advantages far of him which two exploits deserve to be engraven in large Letters of Gold in the Temple of immortality and transmitted to after ages For hereby he did more then Roman Emperours or after them the Saxon Danish Norman and English Kings could ever do to conquer that craggy Country and make England Scot-free ever hereafter But before I have done with this unlucky Nation I will give you a touch of those visible Judgments which have fallen upon them so thick one upon the neck of another in few years more then fell upon the Jews in forty First there happened the greatest plague in Edenburgh that ever was in that Country for in less then a twelve-month the Town was peopled with new faces the Pestilence having swept away almost all the old There have been above 2000 Witches arraigned and executed there within these few years After the routing of D. Hamilton and the battail of Dunbar with that at Worcestâ—r many thousands of that Nation have been bought and sold in quality of slaves to be banished and sent over to forraign Plantations what numbers of them were starved and buried before they were dead And what is now become of their hundred and ten Kings and their Crown which I heard them brag was more weighty as having more Gold in it then the English and for their Government they are reduced to be as pure a subordinate providence and subject to the will of the Conqueror as ever Country was Polyander I must tell you also that they have lost much of their repute abroad but if I were worthy to be heard by the Lord Protector I would make a motion that his Highnesse would take in at least all the Land 'twixt Barwick and Edenburgh into the English Pale and impose a new name upon it for an Eternal mark of Conquest and for enlargeing the Skirts of England But Sir it is time for you now under favour to return to London and know what the Paraliment doth Philanglus There are all Artifices used to make the King odious and both the Press and the Pulpit joyn in the work new distinctions are coyned that though he was Gods â—nynted yet he was mans appointed That he had the Commanding but not the Disposing power That he was set to Rule but not to overâ—rule us That he was King by humane choice not by Divine Charter That he was not King by the Grace of God but by the suffrage of the people That hee had no implicit trust or peculiar property in any thing that populus â—st potior Rege that Grex Lege Lex Rege potentior That the King is singulis major but universis minor Lastly that he was but a Creature and production of the Parliamentâ— c. Moreover all Artifices are used to raise money The first way that the Parliament used after a Royal Subsidy of 400000 l. was to poll us then they went on to clip and shave us and had they continued longer they had fallen a flâ—ying of us They lighted on no lesse then twenty severall ways to get money above board whatsoever they got below Polemoney and the Royal Subsidy were the first two 3. Free Loans and Contributions upon the publick Faith which swelled to an incredible sum 4. The Irish Adventures for sale of Lands the first and second time 5. The general Collection for relief of the distressed Protestants in Ireland to which use the Hollanders sent over in mony and Corn neer upon 50000 l. and the Eâ—glish Collections came to neer four times so much so that in all both Collections amounted to above 200000 l. sterling and yet not ten thousand pound not the twentieth part was employed to the right use 5. They grew so hungry for money that they impos'd the weekly meal 6. The City Loan after the rate of five Subsidies 7. A particular Assessement for bringing in our dear Brethren the Scots 8. The five and twentieth part 9. The weekly Assessment for the Lord Generals Army 10. The weekly Assessement for Sir Tho. Fairfax Army 11. The weekly Assessement for the Scots Army 12. The weekly Assessement for the British Army in Ireland 13. The weekly Assessement for the Lord of Manchesters Army 14. The Kings Queens and Princes Revenues 15. Sequestrations and plunder by Committee 16. Compositions with Delinquents and fines which came to sums passed all understanding 17. That â—utch Devil the Excise 18. Fortification money 19. Bishops Deans and Chapters Lands To this may be added the Ship Sancta Clara valued in money and Merchandize at 800â—0 l. sterling which was detain'd at Southampton for reparation of those damages that some English Merchants had received by the Spaniard as it was declared in the House but not a farthing thereof was imployed to that use notwithstanding that many with expence of time and coin did solicit for the same and lastly the Houshold stuff of the King Queen Prince and others whereof some small proportion was allotted for payment of the Arrears of the Kings poor Servants but they were to advance two in the pound be fore-hand before they could be admitted to any Divident and t is incredible what jugling there was used in that business for some receaved nothing thereby but loss upon loss Nay they took away moneys given to repair Churches and in some places robb'd the very Lazaretto Polyander Sure these vast sums must amount to a huge mass of money money enough to have pourchas'd half a dozen Kingdoms instead of purging one Touching that Duâ—ch Devill you speak of the Excise I remember Sir Dudley Carleton when he was Secretary of State did but name it in one Parliament and it was such a Bugbear abominable word that he was called to the Barr and hardly escap'd going to the Tower though he made use of it to no ill sense But was there no account
hand the pourport whereof onely was that the King would releeve their necessities they desired the intercession of my Lord Craven herein but he with a civil Complement declined the business for he was not fit to do them service because as he said he was neither Courtier nor Servant to the King Hereupon Faulkner being offended both with King and Craven in a passion said as 't was proved This it is to follwo a thing called King dam me I 'le to England and do all the mischiefe I can Being come to London he forg'd another Petition wherein there were scandalous words against the Parliament viz. That they were barbarous inhumane villains Then going with a Confident of the Parliaments who fed him with Money to go on in his design He made an Affidavit upon Oath that the foremention'd Officers at Breda shewed this very Petition to the Lord Craven who read it and delivered it to the King both which was damnably false As soon as this Deposition was reported to the House they presently voted a Confiscation of all the Lord Cravens Estate He being then neer upon a thousand miles off in Germany and no soul appearing for him nor could any on his behalfe procure a Copy of Faulkners deposition Craven having notice herof he sent a most humble Petition to the Parliament declaring his innocence which Petition was sent in the Dutch Ambassadours Packet who delivered it accordingly but it was denied to be read in the House because there was none present who could testifie they did see the Lord Craven subscribe it He sent afterwards another Petition but it was seven Months before it could be read in the House In the mean time his estate had been sequestred his woods cut down and other spoils done His Agents here to invalidate the Affidavit of Faulkner indited him of Perjury which was clearly proved in open Court and the original Petition was produced which was written by Faulkner himselfe wherein there was not one syllable that spoke of the Parliament There was legal proofe also made that Craven had nothing to do with that Petition This Inditement of perjury being found against Faulkner by the grand Jury the Parliament was informed therewith yet neretheless a Bill passed for sale of the Lord Cravens Estate and Surveyors sent accordingly to the Country Faulkner being thus convicted of Perjury it was prov'd also in Court what a nefarious Atheistical and most wicked fellow he was both in his words and actions how he had nothing more common in his mouth then dam me blood and wounds and buggering of his Soul to Hell It was proved that at Petersfield he drank a health to the Divel and that he should say our Saviour was a Bastard and but a Carpenters son carrying a basket of tools after his Father The Parliament was acquainted with all this and divers earnest and sedulous applications that possibly could be made were used but nothing would prevail The Lord Craven finding the House so inexorable and obdurate rather then so fair an Estate should bee canconiz'd and squandred into so many hands he proposed by way of humble Petition that the House would punish him by way of pecuniary mulct and there were two able Knights attending the Door ready to undertake the payment thereof which motion the Lord General now Lord Protectâ—r did most nobly advance yet all would not do but the Surveys of the Estate being return'd the Bill of Sale was compleated and some of the Members of the House stepp'd in with the first to buy the flour of his Lands to the value of 6000 l. per annum as appears by the contracts made at Drury House in their own names That goodly house at Causam near Redding being in excellent repair was bought by some who for greedy lucre and gain utterly defac'd it they pull'd down the Wainscot Stair-cases Lead Iron and all other materials about the House which had cost above 20000 l. yet they gave the Common-wealth but little above 1500 l in monies for it the price of Debentets therein also included Polyander Truly Sir it was one of the hardest peeces of injustice I ever heard of that such a Princely Estate for I heard by divers that had the Lord Craven injoy'd it to this day it would have amounted to above 20000 l. per annum a Revenue that I know some Soveraign Princes come short of I say it was a sad thing that by the single testimony of one man and he such a perjur'd notorious villain as it was apparently proved such an Estate should be destroy'd Philanglus A sad thing indeed but besides those pregnant proofs which were produc'd and made good in open Court that abhominable wretch being lately upon his death bed in the Kings Bench confess'd all under his hand and what monstrous wrong he had done the Lord Craven But I will proceed now to the other Instance I promis'd you The unlucky War 'twixt King and Parliament being begun about the Commission of Array the City of Exceter was beleaguer'd by Sir T. Fairfax which at last rendred her self upon Article it chanc'd Sir Jo. Sâ—awel was then in the Town A full agreement being made the Capitulations sign'd and seal'd and the place yeelded Sir John came to London in due time to reap the benefit of the Articles which were solemnly confirm'd and ratified by both Houses of Parliament Now two of those Articles were that no Oath Covenaâ—t Protestation or Subscription should be impos'd upon any person compriz'd within those Articles but onely such as should bind them from bearing Arms for the future against the Parliament 2. That all persons compriz'd in those Articles having made such a subscription should be admitted to a moderate Composition which was not to exceed two yeers value of any mans real estate c. Sir John Stawel having subscrib'd accordingly and brought a Copy of his Subscription as also a fair Certificate from Sir Tho. Fairfax that he was compriz'd in Exon Articles made his addresse to Goldsmiths Hall and producing the said Certificate and Subscription He Petition'd that hee might be admitted to compound according to Article The Commissioners answered that hee was not capable of Composition unlesse he would take the Covenant and Negative Oath whereunto he modestly replâ—'d that there was no Article for that but rather è contrario whereupon hee was not onely barr'd of his Composition but he was sent Prisoner to Ely house Afterwards by the sole order of the House of Commons he was committed to Newgate for high Treason in levying War against the Parliament where he continued almost four yeers in which time he was several times iâ—dited of Treason and twice arraign'd at the K. Bench Bar for his life Then was he remov'd from Newgate to the Tower and kept close Prisoner whence hee was several times convented before the High Court of Justice which had been newly erected who after many daies trial would neither sentence him nor acquit him but