Knights was framed first the Bâ—rons onely made the Parliament or Commoâ— Council of the Kingdom Polyander By so many strong evidences and prenant proofs which you produce I find it to be a â—â—ridian truth that the Commoners were no part of the High Court of Parliament in ages passed Moreover I find in an ancient Manuscript that the Commons were reduced to a House by the advice of the Bishops to the King in the brunt of the Barons Wars that they might allay and lesson the power of the Peers who bandied so many yeers against the Crown yet to prevent that they should not arrogate too much authority to themselves as Asperius nihil est humili cum surgit in altum it was done with those cautions thâ—â— they had scarce as much jurisdiction given them as a Pyepowders Court hath for they should neither exhibit an oath nor impose fine or inflict punishment upon any but their own members or be a Court of Record or grant Proxies therefore it may well be a quere how they can appoint Committees considering that those Committee-men whom they choose are no other then their Deputies and act by power and proxy from them But it is as cleer as the Sun that the Conquerour first brought this word Parliament with him being a French Word and made it free Denizon of England being not known before for therein the Normans did imitate the Romans whose practise was that wheresoever they conquered they brought in their language with the Lance as a mark of conquest I say that besides those instances you produce I could furnish you with many in the Saxons times who govern'd by the councel of the Prelates and Peers not admitting the Commons to any communication in affairs of State There are records hereof above a thousand yeer old in the Reign of King I a Offa and Ethelbert and the rest of the seven Kings during the Heptarchy They called their great Councels and Conventions then Michael Smoth Michael Gemote and Witenage Mote wherein the King and Nobles with the Bishops onely met and made laws that famous Convention at Gratley by King Athelstan was compose'd onely of Lords spiritual and temporal such also was that so much celebrated Assembly held by Canutus the Dane who was King of England Denmark and Norway Edward the Confessor established all his Laws thus and he was a great Legislator The British Kings also who retain'd a great while some part of this Island unconquered governed and made laws this way by the sole advice of their Nobles whom they call Arglwyded witnesse the famous Laws of Prince Howel called Howel Dha the good King Howel whereof there are yet extant some Welch records and divers of those Laws were made use of at the compilement of Magna Charea But in your discourse before among other Parliaments in Henry the third's time you make mention of one that was held in 55 of his reign at Marlbourough at which time Braston the great Lawyer was in high request being Lord Chief Justice They that would extenuate the Royal Prerâ—gative insist much upon a speech of his wherein he saith The King hath a Superiour God he hath also the Law by which he is made as also the Court viz. the Earls and Barons but not a word of the Commons But afterwards he doth interpret or rather correct himself when speaking of the King hee resolves thus Nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat emenâ—et cùm superiorem non habeat nisi Deum satis erit ei ad poenam quòd Dominum expectet ultorem Nor saith he can any man put a necessity upon the King to correct and amend his injury unlesse he wil himself since he hath no Superior but God It will be sufficient punishment for him to expect the Lord for his avenge To preserve the honour of this great Judge the Lawyers found out this distinction That the King is free from the coerâ—ive power of Laws and Councellors but he may be subject to their directive power yet according to his own will and inclination that is God can onely compel or command him but the Law and his Courts may onely advise and direct him but I pray Sir excuse me that I have so much interrupted you in your discourse You may please now to proceed Philanglus To prove my assertion further that the Commons were no part of the high Court and Common Councel of England I will make use of the testimony of Mr. Pryn who was in such high repute most part of the late long Parliament and appeared so eageâ— for the priviledge and power of the lower House In his Book of Treachery and disloyalty he proves that before the Norman Conquest by the Laws of Edward the Confessor the King was to do Justice by the Councel of the Nobles of his Realm he would also prove that the Earls and Barons are above the King and ought to Bridle him when he exorbitates from the law but not a syllable of the Commons He further tels us that the Peers and Prelates have oft translated the Crown from the right Heir whereof out of his great reading he urgeth divers Examples First after King Edgars decease they crowned Edward who was illegitimate and put by Ethelred the right Heir Then they crowned Canutus a meer forraigner in opposition to Edmund the lawful Heir to Ethelred Harold and Hardicanute were both elected Kings successively without just title the Lords putting by Edmund and Alfred the rightful Heirs Upon the death of Herold the English Nobility enacted that none of the Danish blood should raign any more over them Edgar Atheling was rejected by the Lords and though he had the best title yet they elected Harold He goes on further in prejudice of the Commons saying that the beginning of the Charter of Henry the first is observable which runs thus Henry by the Grace of God King of England c. Know ye that by the mercy of God and Common Council of the Barons of the Kingdom I am crowned King Mawd the Empress was the right heir but she was put by the Crown by the Prelates and Barons and Steven Earle of Mortmain who had no good title was heav'd up into the Throne by the Bishops and Peers Lewis of France was Crowned King also by the Barons instead of King John and by the same Barons was uncrowned and sent back to France In all these high transactions and changes Mr. Pryn confesseth the Commoners had nothing to do the despotical and ruling power as well as the consultative being in the Council of Prelates and Peers and if Mr. Pryn could have found halfe so much Antiquity for the Knights Citizens and Bourgesses without question we should have heard from him with a witness but while he converseth with Elder times he meets not with so much as the names of Commoners in any record Polyander How then came the Commoners to sway so much
of late years and challenge such an interest in the publique Government and making of Laws Philanglus It is a certain truth that in former ages the Kings of England as well Saxons Danes Normans and English Kings did steer the course of their government by the advice of their own Privy Council and in extraordinary cases by the compasse of the great Council consisting onely of spiritual and secular Barons whom they convoked by royal summons when they pleased I told you this word Parliament came in with the Norman yet the Commons were not call'd to Parliament till that raign of Henry the first which was a good while after the Conquest to which purpose Sir Walter Raleigh writes saying it is held that the Kings of England had no formal Parliaments till about the 18. year of Henry the first at which time the Commons were summoned and the great Charter was granted and if we believe Sir Walter Raleigh and others the House of Commons and Magna Charta had first but obscure births being sprung from userpers and fostered afterward by rebellion for King Henry the first did but usurp the Kingdome and therefore to secure himself the better against Robert his eldest brother he courted the the Commons and granted them that great Charter with Charta de Foresta which King John confirmed upon the same grounds for he was also an usurper Arthur Duke of Britain being the undoubted Heir of the Crown so the house of Commons and these great Charters had their original from such that were Kings de facto not de jure Polyander It is observed that usurpers are commonly the best Law makers which they do to ingratiate themselvs the more to the people as besides these Kings you have named Richard the third did who was said to be a good King though a bad man a character clean contrary to that I heard some abroad give of the last King who they said was a good man but an ill King but I pray be pleased to proceed Philanglus Whereas I told you before that it was in the raign of Henry the first that the people were admitted to the Common Council of the Kingdome yet they were not constantly called for though the said King called them to his Coronation and againe in the 15. or 18. year of his reign yet he did not so alwayes neither many of those Kings that succeeded Polyander I remember to have read one remarkable passage in the reign of Henry the first that in his third year for the marriage of his daughter he raised a tax upon every hide of Land but he did this by the advice of his Privy Council alone without consulting publiquely with either Prelate Peer or People Philanglus So did divers of his Antecessors and successors also after the Commons were admitted to partake of the Common Council But to illustrate this point further notwithstanding that the Commons were sought unto in Henry the first's time yet they were not constantly and formally sent unto till Henry the third in whose reign the Writs of Summons for elections were first issued but the succeeding Kings assum'd a power to regulate those Writs at pleasure by the sole advice of their Privy Council as we read in the time of Henry the sixth who was the first framer of that famous Ordinance Whereas Elections of Knights have been made with great outrages and excessive number of people of which most part was people of no value yet pretend a voice equivolent to worthy Knights and Esquires whereby many riots manslaughter and division among Gentlemen shal likely be Our Lord the King hath ordain'd that Knight of Shires be chosen by people dwelling in the Counties every one of them having lands or tenements to the value of 40 s. per annum at least and that he who is chosen be dwelling and resiant within the Counties where they are elected Polyander But did not the Kings of England reserve a power to except against any that came to Parliament Philanglus Mr. Camden speaking of the dignities of Barons saith that it was ordained and decreed in the reign of Henry the third that all those Earls and Barons unto whom the King himself vouchsafed to direct his Writs of Summons should come to his Parliament and no others And this rule Edward the first constantly observed and continued for as Câ—mden hath it that prudent King summoned alwaies those of ancient families and who were most wise to his Parliament and omitted their sons after their death if they were not answerable to their fathers in understanding in another place he saith select men for wisedom and worth among the Gentry were called to Parliament and their posterity omitted if they were defective herein Polyander If the King hath a power to except against a Nobleman from sitting in Parliament sure by an argument à majori ad minus he may do it against a Commoner Philanglus It should be so in reason and Queen Elizabeth who was so great a darling of her people did practise her power that way often But the modesty of the House of Commons was very great in former times for they did arrogate no more power then what the Kings Writ gave them they evaded matters of State as much as they could 13. of Edward the third a Parliament was called to consult of the domestick quiet the defence of the marches of Scotland and security of the Seas from enemies the Commons were desired their advise herein but they humbly desired not to be put to consult of things Queuâ—ils n'ont pas cognisance Things whereof they had no cognâ—sance In 21. of the same King the Commons being mov'd for their advice touching a prosecution of a war with France by an elegant speech of Justice Thorp after four days consultation they answered That their humble desire to the King was that he would be advised thereâ—n by the Lords being of more experience then themselves in such affairs In the 6. year of Richard the second the Parliament was call'd to consult whether the King should go in person to resâ—â— the great City of Gaâ—nt or send an Army the Commons being askâ—d their advice the humbly answered by Sir Thomas â—uckerinâ— their Speaker that the Councils of Waâ— did more aptly belong to the King and 〈◊〉 Lords The next year after the Commoâ— are willed to advise of the Articles 〈◊〉 peace with France but they modestly eâ—cuse themselves as too weak to counsell in â— weighty matâ—ers And being charged agaiâ— as they did tender the repute of the County and right of their King the humbly deâ—ivered their opinions ratheâ— for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they declineâ— the agitation and cognizance of higâ— State affairs specially forraign humblâ— transferring them to their Soveraign anâ— his Vpper Council a Parliament maâ— then I mean a member of the Commons House thought to be the adequâ—â— object of his
he willeth to be observed of all his subjects high and low 3. Edwardi primi the title of the Statute is These are the Acts of King Edward and after it it follows The King hath ordained these Acts the first chapter begins The King forbiddeth and commandeth that none do hurt damage or grievance to any religious man or person of the Church and in the 13. chapter The King prohibitetâ—s that none do ravish or take away by force any Maid within age 6. Edward the first it is said our Soveraign Lord the King hath Established the Acts commanding they be observed within this Realm and in the 14. chap. the words are The King of his special grace granteth that the Citizens of London shall recover in an Assize damage with the land The Statute of Westmin 2. saith Our Lord the King hath ordained that the Will of the Giver be observed and in the 3. chapter Our Lord the King hath ordained that a woman after the death of her husband shal recover by writ of Entry The Statute of Quo Warranto saith Our Lord the King at his Parliament of his special grace and for affection which he beareth to his Prelates Earls and Barons and others hath granted that they who have liberties by prescription shall enjoy them In the Statute De finibus lâ—vatis the Kings words are We intending to provide remedy in our Parliament have ordained c. 28. Edward the first The King wills that the Chancellour and the Justices of the Bench shall follow him so that he may at all time have some neer unto him that be learned in the Laws And in the 24. chapter the words are our Lord the King after full conference and debate had with his Earles Barons and Nobles by that consent hath ordâ—ined The Statâ—â—e de Tallagio speaks in the Kings person no Officer of ours no â—allage shall be taken by us We will and 〈◊〉 1. Edward the second begins thus Our Lord the King willeth and commandeth The Statute of the 9. of the same King saith Our Lord the King by the assent of the Prelates Earls and other great States hath ordained The Statute of Carlile saith We have sent our command in writing firmly to be observed 1. Edwardâ— 3. begins thus King Edward the third At the request of the Comminalty by their Petition before him and his Council in Parliament hath granted c. And in the 5. chapter The King willeth that no man be charged to arm himself otherwise then he was wont 5. Edward the third Our Lord the King at the request of his people hath establâ—shâ—d these things which he wills to be kept 9. Of the same King there is this title Our Lord the King by the assent and advice of his Councel being there hath ordain'd c. In the 10 year of the same King it is said Because our Lord the King hath receiv'd by the complaints of the Earls Barons also at the shewing of the Knights of the Shires and the Commons bytheir Petition in his Parliament c. hath ordain'd by the assent and at the request of the said Knights and Commons c. But very remarkable is that of 22 of Edward the third where it is said The King makes the laws by the assent of Peers and Commons and not the Peers and Commons The Statute of â—Ric â— hath this beginning Richard the second by the assent of the Prelates Dukes Earls and Barons and at the instance and special request of the Commons hath Ordained As for the Parliaments in Henry the fourth Henry the fifth Henry the sixth Edward the fourth and Richard the thirds Reign most of them do all agree in this one title Our Lord the King by the advice and assent of his Lords and at the special instance and request of the Commons Hath Ordained The Statutes in Henry the seventh days do for the most part agree both in the Titles and Bodies of the Acts in these words The King by the assent of the Lords spiritual and Temporal and the Commons 〈◊〉 Parliament assembled hath Ordained But very remarkable it is That the House of Commons was never Petitioned unto till Henry the sevenths reign and 〈◊〉 was about the middle thereof which Petition is inserted among the Statutes but though the Petition be directed to the House of Commons in point of Title yet the Prayer of the Petition is turn'd to the King and not to the Commons The Petition begins thus To the right Worshipful Commons in this present Parliament assembled shews to your discreet wisdoms the Wardens of the Fellowship of the Craft of Upholsters within London c But the conclusion is Therefore it may please the Kings Highnesse by the advice of the Lords Spiritual and Temporal and his Common iâ—â— Parliament c. Thus it appears that in our fore-fathers days it was punctually expressed in all laws that the Statutes and Ordinances were made by the King And withall it is visible by what degrees the stiles and titles of Acts of Parliament have been varied and to whose advantage The higher we look the more absolute we find the power of Kings in ordaininâ— laws nor do we meet with at first so much as the assent or advice of the Lords mentioned Nay if one cast hiâ— eye upon many Statutes of those that be of most antiquity they will appear to be no other things but the Kings pleasure to whom the punishments of most offences were left The punitive part which is the chiefest vigour of the Law we find committed by the Statutes themselves to the Kings meer wil and pleasure as if there were no other law at all witnesse these precedents 3. Edward the first the ninth Chapter saith That Sheriffs Coronets and Bayliffs for concealing of Felonies shall make grierous fines at the Kings pleasure Such as shall be found culpable of ravishing of women shall fine at the Kings pleasure The penalty for detaining a Prisoner that is mainpernable is a fine at the Kings pleasure Offenders in Parks or Ponds shall make fines at the Kings pleasure Committers of Champarty and Extortioners are to be punished at the Kings pleasure Purveyors not paying for what they take shall be grievously punished at the Kings pleasure The King shall punish grievously the Sheriff and him who maintains quarrels Taker away of Nuns from Religious houses to be fined at the Kings Will If a Goldsmith be attainted for not assaying touching and working vessels of Gold he shall be punished at the Kings pleasure There is a notable saying declar'd in the 8. yeer of Henry the fourth viz. potestas principâ—s non est inclusa legibus the Power of the Prince is not curb'd by law In the 2. yeer of Henry the fifth there was a Law made wherein there is a clause that it is the Kings Regality to grant or deny such Petitions as he please 6. Henry the sixth an Ordinance was made to induâ—e as long as it should please the King
Now for further proof that the legislative power is in the King or Suprâ—am Magistrate it is to be observed that as Sir Edward Cook saith All Acts of Parliament in former times were in form of Petitions how if the Petitions were from Parliament and the answer from the King 't is easie to judge who makes the Acts Moreover Sir John Glaâ—vil affirms that in former times the way of Petitioning the King was this The Lords and Speaker either by words or writing preferr'd their Petition to the King which was afterwards called a bill which Petition being receiv'd by the King he received part and part he put out and part he ratified and as it came from him it was drawn to a law Furthermore it appears that Ordimances Provisions and Proclamations made heretofore out of Parliament have been alwayes acknowledged for Laws and Statutes The Statute call'd the Statute of Ireland dated at Westminster 9. Feb. 14. Hen. the third was nothing else but a Letter of the Kings 〈◊〉 Gerard son of Maurice Justicer of Ireland 'T is hard to distinguish among the old Statutes what Laws were made by Kings in Parliament what out of Parliament when Kings called the Peers only to Parliament and of those as many and whom they pleased it was no easie matter to put a difference 'twixt a Proclamation and a Statute or 'twixt the Kings Privy Counsel and his Common Counsel of the Kingdom In the Statute of Westminster 't is said These are the Acts of King Edward the first made at his first Parliament by his Council c. The Statute of Burnel hath these words the King for himselfe and by his Councel hath ordained and established When Magna Charta was confirmed there are found these two provisions in articules super chartas First nevertheless the King and his Council do not intend by reason of this Statute to diminish the Regal right The second notwithstanding all these things before mentioned or any part of them both the King and his Council and all they who are present will and intend that the right and Prerogative of his Crown shall be saved to him in all things The Statute of Escheators hath this title At the Parliament of our Soveraign Lord the King by his Council it was agreed and also by the King himself commanded The Statute made at York 9 Edward the third goeth thus The King by the advice of his Council hath ordained Now touching the Kings Council I mean his Privy Council it hath been alwayes of great authority and extreamly useful in the publick government of the Common-wealth and all Kings have acted most by it King Edward the first finding that Bogo de Clare was discharged of an accusation brought against him in Parliament yet he commanded him nevertheless to appear before him his Privy Council ad facienduÌ„ recipienduÌ„ quod per Regem ejus Concilium faciendum and so proceeded to a re-examination of the whole business Edward the third in the Star-chamber which was the ancient Councel Table of the Kings upon the complaint of Elizabeth Audley commanded James Audley to appear before him and his Councel where a controversie was determin'd between them touching land contained in her joynture Henry the fifth in a sute before him and his Councel for the titles of the Mannors of Serre and Saint Laurence in the I le of Thanet in Kent sent order for the profits to be sequestred till the right were tryed Henry the sixt commanded the Justices of the Bench to stay the arraignment of one Varney in London till they had commandement from Him and his Councel Edward the fourth and his Privy Councel heard and determined the cause of the Master and poor brethren of St. Leonards in York complaining that Sir Hugh Hastings and others withdrew from them a great â—art of their living which consisted chiefly upon the having of a thrave of corn upon every plowland within the Counties of York Cumberland c. Henry the seventh and his Privy Councel commanded that Margery and Florence Becket should suâ— no further in the cause against Alice Radley widow for lands in Woolwich and Plumstead in Kent In Henry the thirds time an order or provision was made by the Kings Council and it was pleaded at the common Law in baâ— to a Writ of dower We find also that it hath been very usual for the Judges before they would resolve or give judgements in some cases to consuâ—â— with the Kings Privy Council In the case of Adam Brabson who was assaulted in the presence of the Justices of Assise at Westminster the Judges would not proceed without the advice of the Kings Privy Council Green and Thorp were sent by the Judges to the Kings Privy Council to demand of them whether by the Statute of Edward the third a word may be amended in a Writ In the 39. of Edward the third in the case of Sir Thomas Ogthred who brought a formedon against a poor man and his wife the Judges said Sue to the Kings Council and as they will have us to do we will do and no otherwise Thus we find that the Court-Council did guide and check the Judges oftentimes yet the Judges have guided the great Common Council or high court of Parliament Polyander I find that you have studied the point of King and Parliament to very good purpose by these choice instances you have produced but I find that though the Parliament hath been held the Great Councel of the Kingdom yet the ordinary way of government was by the King or Soveraign Magistrate and his Councel of State for the great Councel without disparagement may be called the production of the Privy Councel witnesse the words of the Writ of Summons But since you have proceeded so far I desire to know whether by an implicit faith we are to obey what the Parliament determines or whether it may err or no and what are those priviledges it hath Philanglus I shall do my indeavour to satisfie you in all touching the first no doubt but we are to acquiesce in what a true Parliament ordains for it is generally binding and requires an universal obedience because it bears the stamp of Royal Authority and of the Supream Magistrate who is the head of the Parliament who is to consult with his Judges and Privy Council must be satisfied in conscience of the justnesse of such bils that he is to passe for Laws because afterward he is to protect them and his soul lyes by oth at the stake for the defence and Safeguard of them he is also to consult with his learned and Privy Councel whether they trench upon his Royal Prerogative and then his answer is you know it le Roy s' avisera the King will consider of it which though in civil terms is equivolent to a flat denyal Touching the second point Sir Edward Coke tels us that Parlements have been utterly deceived and that in cases of greatest moment specially in
simple deniall that one believes there are no such and such things but he must swear positively and point blank there are no such things at all Now though I am not of the same opinion with Copernicus that the Earth moves and the Sun stands still yet I wâ—ld be loth to swear either the one or the other Polyander I observe that this Oath hath a double edg for either it must wronâ— oâ—e's Conscience or ruine his fortunes besides he is condemn'd without either Accuser or Witness the party himself must be both against himself and what can be more repugnant to nature Philanglus It is not only opposit to the Law of Nature but the Common Law of England doth so abhor that any shold accuse and condemn himself that there were extraordinary provisions made against it by our Progenitors Therefore if any had bin cited in the Spirituall Court to accuse himself pro salute animae a Prohibition lay at the Common Law to stop and supersede their proceedings All which is humbly left to the consideration of the present Government Polyander I infer out of this that if the Presbyterian had established himself he had proved the ugliest tyrant that ever was on Gods Earth if you relate to Soul Body or goods in lieu of 26 Bishops we should have had nine thousand and odd Popâ—s who would have delivered us over tâ— Satan ever and anon and puzzeled us with their Parochial Congregational and National Classes But I cannot wonder enough that the House of Commons shold so busy themselves so much and undertake to frame and impose new Oaths when by the Law of the Land they hadâ— or â—ower as much as to administer an old Oath to the meanest Subject And touching that Câ—venaâ—t what could be more opposit unto their former Oath for therein they offered their Souls to preserve that Râ—ligion which was established by the Laws of â—ngland and in the Covenant they bind themâ—elves to conserve that which was established by the Laws of Scotland and to that purpose they may be said to offer to God for their security to Saâ—an Moreover those Demogogs or popular Dagons though they were so forward to constrain all other of their fellow Subjects to take and swallow up any Oaths yet two parts of three among themselves did not take them as I have been often told But Sir now that you have been pleased to inform me of their carriage in Spirituall things how did they comport themselves in Civill matters after they had monopolized unto themselves all power by the Act of Continuance Philâ—nglus First I must tell you that touching that monstrous Act the soundest Lawyers of the Kingdome were of opinion that it was of no validity that it was void in it self in regard that what grants or concessions soever the King makes the Law presupposeth they are alwayes made with these Proviso's Saâ—vo jâ—re Regio salvo jure Coronae now it was impossible that any grant could possibly trench more upon the Right of the King or Crown as that extravagant Act of Continuance therefore it was nâ—l in its own nature at the first nay as some affirmed the very Proposall of it was Treson in a high degree But having hooked the power thus into their hands they strained it up to the highest pitch that could be They made themselves Land-Lords of al the three Kingdoms it was a common thing to take any man house over his head and make use of it for their service They meddled with every thing so far that scarce a Church-warden or Vestry-man could be made without them they would have a hand in making common Counsel men and Constables with other petty Officers Polyander Me thinks that was somewhat derogatory to the supremacy of their power for great Counsels should not descend to every petty object but with their high authority they should enlarge their souls to consider of Universals Philanglus I could produce many Instances how they undervalued themselves this way but let this one suffice It happened one day that a company of ramping wenches who went under the name of Mayds or Holy Sisters came with a Remonstrance to shew their affections to the House and they were headed by Mrs. Ann Stagg who was to deliver the Remonstrance hereupon a choise member was voted to go to Mrs. Ann Staggs lodging to thank her and the râ—st of the maydens for their good affections to the Parliament c. But to be more serious with you touching civill matters whereof you gave a touch before there was nothing so Common in those times as a châ—rgâ— without an Accuser a sentence wâ—thout a Juâ—ge and condâ—mnation without hearing How many were outed of their freeholds liberty and livelihoods before any examination much leâ—se conviction how many appeals were made from solemne tribunalls of Justice to inferior Committes how common a thing was it to make an order of theirs to control aâ—d suspend the very fundamental Laws of the Land Polyander But this was in the brunt of the War which the King did necessitate them unto as he acknowledged in the Treaty at the Isle of Wight Philanglus 'T is true he did so but he did it upon two weighty considerations and as it had reference to two eâ—ds first to smoothen things thereby and pave the way to a happy peace Secondly that it might conduce to the further security of the two Houses of Parliament with their Adherents Besides he did it when the Razor was as it were at his throat when there was an Army of above 30000 effect if Horse and foot that were in â—otion against him Then this Acknowledgment was made with these two proviso's and reservations First that it shold be of no vertu and validity at all till the whole Treaty were totally consummated Secondly that he might when he pleased enlarge and cleer the truth hereof with the reservedness of his meaning by publique Declaration Moreover That Grant or Acknowledgment was but a preambular proposition it was not of the Essence of the Treaty it self Now as the Philosophers and School-men tell us there is no valid proof can be drawn out of Proems Introductions or Corollaries in any Science but out of the positive Assertions and body of the Text which is only argument-proof so in the Constitutions Laws of England as also in all civill accusations and charges fore-running Prefaces which commonly weak causes most want are not pleadable And though they use to be first in place like Gentlemen Ushers yet are they last in dignity and shold also be so in framings Therefore there was too much hast used by the Parliament to draw that Hypâ—thetic Provisional concession to the form of an Act so suddenly before the Treaty it self was fully concluded Polyander But who was the first Aggressor of that ugly War the King or the Parliament Philanglus I will not presume to determin that only I will inform you that the Parliament took the first Military gard