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
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
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
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
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
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
the interpretation of Laws and in that point the twelve Judges who are called the Sages and Oracles of the Law are to be beleeved before the Parliament whose office is more to make new Laws then to expound the old Parliamentâ— being composed of men may erre Mr. Pryn as I alledged before tels us how many usurpers they have preferred before the rightful Heirs How often did Henry the eight make Parliaments the panders of his lust in whose time there are three acts observable 1. That Proclamations shold be equivalent to laws 2. That Queen Elizabeth was illegitimat 3. That the King in his will might name whom he pleas'd to be his successor Besides in lesse then four yeers Religion was changed twelve times in his raign by Parliament Polyander Touching the last Act of naming a successor I have seen a manuscript which makes mention that Henry the eight som 2. yeers before his death summoned a Parliament wherein he intimated unto them that one of the main designs of convoking that Parliament was that they should declare a successor to the Crown But the Parliament with much modesty answered that touching that point it belonged to his Majesty to consider of it and consult with his learned and Privy Councel about it And whomsoever his Majesty would please to nominat in his last Will they would confirm and ratifie Whereupon old Harry made a formal Will which was enrolled in the Chancery wherein remembring the perfidious carriage of James the fourth his brother in law he declared the issue of his eldest sister the Queen of Scotts being forreners incapable to inherit and the issue of Charles Brandon after the progeny of his own body to succeed next This Will continued in the Chancery all Edward the sixts time till Queen Mary who about the midst of her reign did cancel it But now Sir be pleas'd to pardon this Parenthesis and resume the thread of your former discourse in displaying what are the priviledges of Parliament which were so much insisted upon and cried up in the late long Parliament till they swell'd so high that they swallowed up and devour'd the Prerogative Philanglus If we will give credit to Sir Ed. Coke who was a great Champion of the House of Commons and no friend to Prerogative which he was us'd to call that Great Monster the priviledge of freedom from Arrests is the onely priviledge of Parliament He cannot or at least he doth not so much as name any other in his Section of the priviledge of Parliament neither is this priviledge so unquestionable and cleer as some do imagine as divers examples may be produced in the reign of Queen Elizabeth who was so great a darling of the Commons In the 39. of her reign Sir Ed. Hobby and Mr. Brograve Attorney of the Dutchy were sent by the House to the Lord Keeper to require his Lordship to revoke two writs of Subpoena's which were serv'd upon Mr. Tho. Kâ—â—vet a Member of the House the Lord Keeper demanded of them whether they were appointed by any advised consultation of the House to deliver this message unto him with the word require they answered yes he replyed as he thought reverently and honourably of the House and of their liberties and privileges so to revoke the said Subpoenas in that sort was to restrain her Majesty in her greatest power which is in the publick administration of Justice in the place wherein he serves her Therefore he concluded that as they had required him to revoke his Writ so he did require farther deliberation 18 Eliz. report was made by the Attorney of the Dutchy upon the Committee for the delivering of one Mr. Halls man that the Committee found no precedent for setting at large by the Mace any person in arrest but onely by Writ and that by divers precedents of records perus'd by the said Committee it appeared that every Knight Citizen or Burgesse which doth desire privilege hath used in that case to take a corporal oath before the Lord Chancellor or Keeper for the time being that the party for whom such writ is prayed came up with him and was his servant at the time of the arrest made Thereupon Mr. Hall was directed by the house to repair to the Lord Keeper and make oath and then to take a warrant for a writ of privilege for his servant 270 Eliz. Richard Coke a Parliament member being served with a subpoena of Chancery The Lord Keeper boldly answered that he thought the House had 〈◊〉 such privilege against subpoenas as they pretended Neither could he allow of any precedents of the House used in that behalf unlesse the House of Commons could also prove the same to have been likewise allowed and ratified by precedents in the high Court of Chancery Now the Original writ for Election which is the foundation of the whole business makes mention of no such privilege and 't is a rule that to vary from the meaning of the Writ makes a nullity of the cause and the proceedings thereupon For where a Commissioner exerciseth more power then is warranted by his Commission the act is not only invalid but punishable Now the end and scope of privileges of Parlement is not to give power to do any publick act not warranted by the writ but they are intended as helps only to enable the members towards the performance of their duties and so are subservient to the power comprized in the Writ For instance the freedom from Arrests doth not give any power at all to the House of Commons to do any extraordinary act thereby but the Members are made the more capable to attend the publick service by being free from the trouble of arrests so that this privilege giveth no further power at all but only helps to the execution of the power derived from the Royal writ Nor can the Freeholders by their Elections give any such privilege of exemption from arrests but it is the meer gift and grace of the Soveraign Prince yet in point of treson felony or breach of the Kings peace this privilege extends not Now privileges are things contrary to law or at least they serve as a dispensation against law intended originally for the better expediting of the Kings businesse or som publik service Nor could the House of Commons punish any for breach of this their privilege till they had conferr'd with the Lords and till the punishment had been referred by them to the Commons there is a notable example hereof in the 33. of Henry the eight George Ferrers the Kings servant and Burgesse of Plymouth going to Parliament was arrested by process out of the Kings Bench for debt which being signified to Sir Thomas Moyl then Speaker the Sargeant that attended the House was sent to the Counter to demand Ferres the Officers of the Counter refuse to deliver him anâ— giving the Sergeant ill language a scuâ—â—â— happened the Sheriff of London being sent for took part with the Counteâ—â— and so the Sergeant
charg'd the Clerk of the Parliament that this Protestation should be entred upon record in the Parliament roll This the King made known to them by the Lord Say and his Secretary who told them that Our Lord the King neither of due nor custom ought to grant any Lords to enter into communication with them of matters tâ—uching the Parliament but by his special grace at this time he granted their request in this parâ—icular And the said Steward and Secretary brought the King word back from the Commons That they knew well they could not have any such Lords to commune with them of any businesse of Parliament without special grace and command from the King himself Polyander But it is not the priviledge of Parliament to examine misdemeanours of Juridical Courts and Officers of State according to Lex Repetundarum Philanglus This cannot be called properly a priviledge for there is not the meanest subject but hath liberty on just cause to question any Court or Officer if he suffer by them yet it hath been esteemed a great favour from the Prince to permit such examinations for we read that when the Lords were displeased with the greatnesse of Piers Gaveston 't is said that in the next Parliament The whole Assembly obtained leave of the King to draw Articles of their grievances which they did two whereof were That all strangers should be banish'd the Kingdom whereof Gaveston was one The second was that businesses of State should be treated by the Clergy and Nobles Polyander Though the cognizance and debatings of great affairs of State belong to the high Court of Parliament yet I have read that oftentimes the Lords have transmitted such businesses to the Kings Privy Council Philanglus 'T is a great truth and many instances might be produced for proof thereof among others when one Mortimer who stiled himself Captain Mendall otherwise called Jack Cade came with the rabble of the vulgar with a Petition to the lower House the Commons sent it up to the Lords and the Lords transmitted it to the Kings Privy Council to consider of Polyander But the granting of Subsidies is a peculiar priviledge of the House of Commons Philanglus I think not for it is an unquestionable truth that Subsidies were raised and paid before ever the Commons were called to sit in Parliament The great and long Subsidie of Dane-ghelt was without any gift of the Commons or of any Parliament at all as can be proved Henry the third imposed a Subsidie of two Marks in Silver upon every Knight Fee only by the advice of his Councel The words of the King when hee passeth the Bill of Subsidie are observable which are these Le roy remercie ses loyaux Subjects accept lour benevolence aussy ainuâ— le veâ—lt The King thanks his loyal Subjects accepts of their good will and also will have it which last words make the Act of Subsidy a Law to bind every man to the payment of it In so much that the Parliament cannot impose a peny upon the Subject without the King nor can the Free-holders whom they serve invest any such power in them Polyander I finde by the substance of your discourse that not onely all power and grace but all Parliamentary priviledges flow from the concession of the Soveraign Prince and chief Magistrate Philanglus Yes without controversie you know as a Gentleman wittily observes t is an axiom in Philosophy quod dat formami That which gives the form gives the consequence of the form The King by his Writ gives the very essence and form to the Parliament being the production of his breath therefore priviledges which are but consequences of the form must necessarily proceed from him In the 21. of King James a Declaration was sent from New-Market to the Parliament wherein he asserts That most priviledges of Parliament grew from precedents which she wrather a Toleration that an Inheritance thereâ—ore he could not allow of the stile they usâ—d to him câ—lling it their ancient and undoubted Rights and Inheritance but could rather have wished they had said their priviledges were derived from the â—race and Permission of his Ancâ—stors and Himself Thereupon he concludes that He cannot with patience endure his Subjects to use such Antimonarchical words concerning their Libertie except they had subjoyned they were granâ—ed unto them by the grace and favour of his Progenitors yes he promiseth to be careful of whatsoever priviledges they enjoy by long custome and incontrolled lawful precedents At the presentment of the Speaker of the House of Commons to the King upon the first day of Parliament the Speaker in the name and behoof of the Commons humbly craves that his Majesty would be pleased graciously to grant them their accustomed liberties and priviledges which petition of theirs is a fair recognition of the primitive grace and favour of the Soveraign Prince in bestowing of Privilâ—dge and is a shrewd argument against any other title For our Antecessors would not have been so ceremonious nor so full oâ— complement as to beg that of grace which they might have claimed de jure by right Aâ—d the renewing of this Petition at the beginning of every Parliament argues the grant to be but temporary Polyander This was not the doctrine it seems of the late long Parliament whose priviledges flew so high that they â—retopped the â—rerogative for they drew the reins of all rule and reason into their hands and left the Governour in chiefe neither of them And if he chanced to send them any advice or admonition 't was presently cryed up to be breach of pâ—iviledâ—e breach of priviledge But Sir by the sequeâ— of our former discourse I find that the High Coâ—rt or Common Council of this Kingdom was composed at first of Prelates and Peers that Parl. is but a modern word and came in after the Norman Conquest I find also that the Commons came to be made â— House and that Magna Charta and Charta de foresta were not free Spontaneouâ— grants but that they were in a manner extorted from Kings in times of necessity and confusion I find also that the Primitive and ordinary way of Government was the one supream Magistrate alone and his Council of State and when he pleased by the Common Council But now Sir I pray be pleased to acquit your selfe of the promise you did me the favour to make of acquainting me with the proceedings of the late long Parliament Philanglus To do that I will deduce matters from the beginning and to finde them our must look North ward for there the cloud of all our ensuing confusions began to condense first You know Sir the Scots Nation were ever used to have their King personally resident among them and though King James by reason of his Age Bounty and long breeding there with other advantages drew such extraordinary respects from them that they continued in a good conformity all his reign yet after his death they were often
could England but be in apparent danger considering how all her Neighbours about her were in actual hostility which made huge Fleets of men of War both French Dunkerkers Haâ—burgers and Hollanders to appear ever and anon in her channel and hard before her Royal Chambers He declared further that not one peny of that publique contribution came to his private Coffers or was given to any favorite but he added much of his own treasure for the maintenance of a Royal Fleet abroad every Summer yet he was ready to passe any Bill for the abolishing of the said Ship-money and redressing of any grievance besides provided his Parliament would enable him to suppress and chastse the Scot Some say the House was inclinable to comply with the King but as the ill spirit would have it that Parliament was suddenly broke up and it had been better for him that they who gave him that counsel had been then in Arabia or beyond the Line in their way to Madagascar yet those men were of high request in the Long Parliament afterwards being The King reduced to such streights and resenting still the insolence of the Scot proposed the business to his Privy Council who suddenly made a considerable sum for his supply whereunto divers of his domestick servâ—nâ—s did contribute Among others who were active herein the Earl of Strafford bestirred himselfe notably who having got a Parliament to be called in Ireland went over and with incredible celerity raised 8000. men and procured money of the Parliament there to maintain them An Army was also levied here which marched to the North and there fed upon the Kings pay a whole Summer The Scot was not idle all this while but having punctual intelligence of every thing that passed at Court as far as what was debated in the Cabinet Council or spoken of in the Bed-chamber where of the six grooms five were Scots which was a great advantage unto him He armed also and preferring to make England the Stage of the War rather then his own Country and to invade rather then to be invaded he got ore the Tweed where he found the passage open and as it were made for him all the way till he come to the River of Tine And though there was a considerable English army of horse and foot at Newcastle yet they never offered to face the Scot all the while At Newburg there was indeed a small skirmish but the English foot would not fight so Newcastle Gates flew open to the Scot without any resistance at all where 't is thought he had more friends then foes for all Presbyterians were his confederates The King being advanc'd as far as York summon'd all his Nobles to appear and advise with in this Exigence Commissioners were appointed on both sides who met at Rippon and how the hearts and courage of some English Barons did boil within their breasts to be brought to so disadvantagious Treaty with the Scot you may well imagine So the Treaty began which the Scot would not conform himself unto unlesse he were first made Rectus in Curâ—a and the Proclamation wherein he was call'd Traitor revoked alledging how dishonourable it would be for his Majesty to treat with Rebels This Treaty was then adjourn'd to Londoâ— where the late long Parliament was summon'd Polyander Truly Sir I must tell you that to my knowledge those unhappy traverses with the Scots made the English suffer much abroad in point of National repute But in this last expedition of the Scot England may be said to have been bought and sold considering what a party he had here in Court and country specially in the City of London Therefore his coming in then may be call'd rather as Invitation then an Invasion Philanglus The Scot having thus got quietly into a Town he never took and nested himself in Newcastle Our late long long Parliament began at Westminster Being conven'd the King told them that he was resolved to cast himself and his affairs wholly upon the affection and dâ—lity of his people whereof they were the Representatives Therefore he wished them to go roundly on to close up the Ruptures that werâ— made by that infortunate War and that the two Armies one English the other forraign which were gnawing the very bowels of the Kingdom might be both dismissed Touching grievances of al natures he was ready to redress them concerning the Shipmony he was willing to passe a law for the utter abolition of it and to cancâ—l all the enrollments therefore he wish'd them not to spend much time about that For Monopolies he desired to have a List of them and he would damn them all in one Proclamation Touching ill Counsellours either in White-Hall or Westminster-Hall either in Church or State hee was resolved to protect none Therefore he desired that all jealousies and misunderstandings might vanish and so concluded with this caution That they would be carefull how they shook and dâ—â—jointed the frame of an old setled Government too much in regard 't was like a Watch which being put asunder can never be made up again if the least pin be left out Thus at the beginning of the Parliament there were great hopes of Fair weather after that cold Northern storm and that we should be rid of the Scot but that was least intended till some designs were brought about The Earl of Strafford the Arch-Bishop of Canterbury the Judges and divers other are clapp'd up and the Lord Keeper Finch took a timely flight t'other side of the Sea And in lieu of these the Bishop of Lincoln is inlarged Bastwâ—ck Burton and Pryn who were strong Presbyterians were brought into London with a kind of Hosanna Polyander It is possible that the lenity of the King should be such as to yeeld to all this Philanglus Yes and to comply further with them he took as it were into his bosom I mean he admitted to his Privy Council such Parliament Lords who were held the greatest Zealots among them The Lord Say was made Master of the Court of Wards the Earl of Essex Lord Chamberlain Moreover to give a further evidence how firmly he was rooted in his Religion and how much he desired the strengthning of it abroad the Treaty of marriage went on 'twixt his eldest daughter and the Prince of Orange Hereunto may be added as a special Argument of compliance the passing of the Bill for a Triennial Parliament and lastly he was brought to passe the Act of Continuance which prov'd so fatal unto him Polyander Touching the Triennial Parliament I heard of a Prophetick mistake that came from a Lady of honour who sending news that time to the Country did write that the King had passed a Bill for a Tyrannical Parliament whereas she should have said Triennial And touching the Act of Continuance or perpetual Parliament I heard a tale of Archy the fool who being asked whether the King did well in passing that Bill answered that he knew not whether the King
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
of all the breaches and violations of those Laws may bee given in charge by the chief Iudges to be presented and punished according to Law 12. That all the Judges and all the Officers placed by approbation of Parliament may hold their places quam diu â—e benè gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled without it And that all persons cited by either Court may appear and abide the censure of Parliament 14. That the General pardon offered by your Majesty may be granted with such exceptions as shall be advised of by the Parliament 15. That the Forts and Castles of the Kingdom be put under the command and custody of such as your Majesty shall appoint with the approbation of your great Council and in the interval with the major part of your Privy Council as formerly 16. That the extraordinary guard and military forces now attending your Majesty be removed and discharged and that for the future that you will raise no such Guards or extraordinary forces but according to the Law in case of actual Rebellion or Invasion 17. That your Majesty will be pleased to enter in a more strict league with the Hollanders and other Neighbour Princes and States of the Reformed Religion for the defence and maintenance thereof against all designes and attempts of the Pope and his adherents to subvert and suppress it whereby your Majesty will obtain a great access of strength and reputation and your Subjects much encoâ—raged and enabled in a Parliamentary way for your aid and assistance in restoring the Queen of Bohemia and her Princely issue to those dignities and dominions that belong to them and relieving the other reformed distressed Princes who have suffered in the same cause 18. That your Majesty will be pleased to clear by a Parliamentary Act those Members you have empeached in such a manner that future Parliaments may be secured from the consequence of ill Presiâ—ents 19. That your Majesty will be graciously pleas'd to pass a Bill for restraiâ—ing Peers made hereafâ—en from sitting 〈◊〉 voting in Parliament unless they be admitted thereunto by consent of both Houses And these our humble desires being granted by your Majesty we shall forthwith apply our selves to regulate your present Revenew in such sort as may be to your best advantage and likewise to settle such aâ— ordinary and constant encrease of it as shall be sufficient to support your Royal dignity in honour and plenty beyond the Proportion of any former grants of the Subjects of this Kingdom to your Majesties Royall Predecessors We shall likewise put the Town of Hul into such hands that your Majesty shall appoint with the consent and approbation of Parliament and deliver up a just account of all the Magazine and cheerfully employ the utmost of our endeavors in the real expression and performance of our dutiful and Loyal affections to the preserving and maintaining of the Royal honour greatness and safety of your Majesty and your posterity Polyander How did these Propositions relish they run in a very high strain though the preamble and conclusion breath a great deal of humility and allegeance Philanglus The King received these proposals with a kind of indignation saying that he was worthy to be a King no longer over them if he should stoop so low some alledged that the very propounding of them was Treason in the highest degree for they struck at the very foundation and root of all Royal authority therefore the condescending to them would render him a King of cloâ—â—s and fit to be hooted at by all his Neighbours Polyander The world was much amazed abroad that the Peers should concur in passing such Proposals considering how their honour must stand and fall with the Royal Prerogative well Siâ— on Philanglus You must think Sir that one part of foure of the Lords were not there the rest were with the King who slighting those nineteen Propositions an unluckie number it made the Pulse of the Parliament to beat higher and to publish to the World a new Declaration the substance whereof was That the Parliament hath an absolute power of declaring the Law and whâ—tsoevâ—r they declare is not to be questioned by â—ing Magistrate or Subject That â—n Pâ—â—cedents can bound or limit their proceedings â—at they may dispose of any thing wherâ—iâ— King of Subject hath any rig'tâ—forth publick good wherefore they may be Judâ—es without Royal Assen That none of their Members â—ught to be molested or medled withal for treason felony or any other crime unlesse the cause â— brought bâ—fore them to judge oâ— the fâ—ct That the Sâ—vâ—raign power resides in them That lâ—vying of Warre against the command of the King though his person be present is no lâ—vying of War against the King but the levying of War against his politick person and Laws that is the onely levying War against the King Polyander It was not the first time that this new kind of Metaphysick was found out to abstract the person of the King from his Office and make him have two capacities private and politick for the same Metaphysick was made use of in Edward the seconds Reign but it was exploded and declar'd by Act of Parliament afterwards to be detestable and damnable Treason This were to make Soveraignty by separating it from the person to be a kind of Platonick Idea hovering in the aer to make a King a strange kind of Amphibium to make at the same instant a King and no King of the same Individuum a power which the Casuists affirm God Almighty never assum'd to himself to do any thing that implies contradiction Philanglus The Parliament or rather the Presbyteriaâ— Army for the Presbyters sate then at the Helm increas'd dayly and things being at such a desperate point there were two choice Earls Southampton and Dorset sent from Nottingham with this Pathetick Letter of the Kings to the Parliament WE have with unspeakâ—bl grief of heart long beheld the distraction of this our Kingdom Our very soul is full of anguish until we may find some reâ—â—dy to prevent the miseries which are ready to overwhelm this whole Nation by a civil War And though all our indeavors tâ—nding to the composing of those unhappy differences 'twixt us and our Parliament though pursued by us with all Zeal and Sincerity have been hitherto without the successe we hoped for yet such is our earnest and constant care to preserve the publick peace that we shall not bee discouraged from using any expedient which by the blessing of the God of mercy may lay a firm foundation of peace and happinesse to all our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt us and our great Councel which haply may be prevented by some other way of Treaty wherein the matters in difference may be clearly undâ—rstood and more freely transacted We have thought fit to
propound unto you that some sit persons may bâ—e by you inabled to treat with the like number to be authorized by us in sâ—ch a manner and with such freedoâ—e of dâ—bate as may best tend to that happy coâ—clusion which â—ll good people desire viz. The Peace of the Kingdom wherein as we promise in the 〈◊〉 of a King all saâ—ety and â—ncouragement to them who shall be sent unto uâ— if ye wâ—ll chuse the place we are to meet for the TREATY which we wholly leâ—ve unto you presuming the like care of the safety of those wee shall employ if you shall name another place So we assure you and all our good Subjects that to the best of our understanding nothing shall be wanting on our pâ—rt which may advance the true Reformed Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well our just Prerogative as the propriety and liberty of the Subject confirm all just power and priviledges of Parl and render us a people truly happy by a true understanding 'twixt us and our great Council bring with you as firm a resolution to do your duty and let our people join with us in prayer to Almighty God for his blessing upon this work If this Proposition be rejected by you wâ—e have done our duty so amply that God will absolve us from the guilt of any of that blood which shall be spilt And whatsoever opinion other men may hâ—ve of our power we assure you that nothing but our pious and Christian care to prevent the effusion of bloud hath begot this motion in us Our provisioâ— of men Armies and Money being such as may secure us from violence till it please God â—o open the Eyes of our people Polyâ—ndâ—r What impression did thiâ— Letter make for it promis'd much Philanglus It made little or none at all though it was all written with the Kings own hand for the Parliament was formerly nettled at a Declaration he had sent when having made â— motion to go himselfe in person to suppress the Irish Rebels which attempt the Scots approved of and highly applauded but being not liked by the English Parliament he replied unto them to this effect When we recommended the reductâ—on of Ireland to you we intended not to exclude our Self or not to be concernd in your Councils but that if there were any expedient which in our Conscience and understanding we thought necessary for that great work we might put it in practise We look upon you as our great Council whose advice we always have and will with great regard and deliberation weigh and consider of but we look upon our Self as neither depriv'd of our understanding or devested of any right we had were there no Parliament at all sitting We call'd you together by our our own Royal Writ and authority without which you could not have met to give us faithful Counsel about our great affairs but we resigned not hereby our interest and freedom we never subjected our Self to your absolute determination we have alwayes weighed your Counsel as from a body intrusted by us and when we have dissented from you we have returned you the reasons which had prevailed with ouâ— understanding and conscience and with such candor that a Prince should use towards his Subjects and with that affection a Father should express to his Children What applications have been used to rectifie our understanding by reasons and what motives have been given by you to perswade our affections we leave the world to judge Moreover we must not forget to tell you however a major part may blind you in matter of opinion We hold our selfe and we are sure the Laws and constitutions of the Kingdom hath always held the same as free to dissent till our reason be convinced for the general good as if you delivered no opinion When we summoned you first together we did not intend to put the reins of all Rule and Reason into your hands and by a kind of blind bruitish formality and unprincely simpleness to assent to every thing without examining our own Conscience and judgement which yet never pleased us more then when they concurr'd with yours This were to bring us back to a nonage now that we are come long since to the perfect growth of discretion you must not think to take from us the Mastery and use of our innated reason and the dictates of our own conscience or that we will raise a Tempest at home within our brest to calm a storm abroad In fine we called you together to propound not to give Law to be our Counsellors not our Controllers for Counsel degenerates from the nature of Counsel wâ—en t is coercive Nor shall we ever enfeeble our regal power or suffer it to be invaded so far as to give way that any Ordinance or Omnipotency of Votes shall be able to suspend an Act already in force without our assent To conclude as we firmly resolve to make the Law the measure of our actions so we expect it should be also the Rule of your obedience and deliberations and that the result of all your Counsels be derived from it Polyander This was home and high but what answer did the Parliament make to the former letter from Notingham Philanglus The noble Personages who carried that Letter were looked upon with an ill aspect by the Parliament yet an answer was returned containing this proposal That the King woâ—ld revoke and annul in the first place those Proclamations and oâ—her publique instruments whereby their Adherents were declared Traytors uâ—der which notion 't was neither honourable for his Maâ—esty to tâ—eat with them nor were they capable to treat with Him Polyander This Doctrine I believe they had learnt of the Scot but what did the King reply Philanglus He sent word that he was willing so to do provided that the Parliament would recal likewise their Votes Orders or Ordinances passed against such whom they declared Delinquents for adhering to the King according to the clear known Law of the Land in the reign of Hen. 7. which was that nâ—ne should be molested or questioned for adhering unto or assisting the Royal person of the King This the King desir'd by way of reciprocal correspondence but it being denied those overtures for a Treaty came to nothing so the Parliaments Army begin to advance and the Kings did daily increase Thereupon the Lords that were about the person of the King whereof there were above threescore made this publick Manifesto WE do ingage our selves not to obey any Orders or Commands whatsoever that are not warranted by the known Laws of the Land We ingage our selves and fortunes to defend your Majesties Person Crown and Dignity with your just and legal Prerogatives against all persons and power whatsoever We will defend the Religion established by the Law of the Land the lawfull Liberties of the Subjects of England with the just priviledges of your Majesty and the
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
they first interdicted trade They countenanced all tumultuous Riots gave way to Club-law and They kept the King by force out of Hull issued Commissions for Horse brought in foren force and had a compleat Army in motion a good while before the Royall Standard was set up Polyander I remember a witty Motto that the last French Cardinal caused to be engraven upon the brich of some new Canons which were cast in the Arsenall at Paris it was KATIO ULTIMA REGUM Viz. That the Canon was the last reason of Kings But whether this Motto may fit Subjects I will not now dispute But sure the King was ill advised so to rush into a War considering what infinite advantages the Houses had of him for as you say'd before they had the Sea the Scot and the City on their side and the King had no Confederate at all at home or abroad I am sure he had no friend abroad that one might say was a true friend unto him unless it was the Prince of Oraâ—â—e in regard he had disobliged all other Princes For you know as soon as he came to the Crown he rushed into a War with the King of Spain and in lieu of making him his Brother in â—awâ—e made him his foe which stuck still in his stomach as also thâ—â— he had given so fair a reception to the Ambassadors of Don Juan de Braganza now King of Portugâ—ll A little after he broke with the Frâ—nch King Notwithstanding that he had his Sister every night in his Arms The Hollandâ—rs gave out that he had appeard more for the Sâ—aniard than Them in that great fight with Doâ— Antonâ—o d'Oquâ—ndâ— and that he suffer'd his own ships and others to convey the King of Spains mony to Dunkerke He was ingag'd to his Oncâ—e the K. of Deâ—mark in great old sâ—mâ— whereof there was little care taken to give satisfaction the Iriâ—h cryed out They had bin oppressed The Swed observed that he was more for the House of Austria than for Gustavus Adolphus And at home I have been told that the Irish cryed out he had bin oppressed And the Scot whom he had obliged most of any by such Mountains of favours with divers of his own Creatures and domestic bosome servants whom he had engaged most started aside from him like a broken bow so that all things did co-operat and conspir'd as it were to make him a hard-Fated Prince and to usher in a Revolution Philanglus Yet I heard that all Princes were very sensible of his fall Polyander T' is true they did must resent it at first yet they were affected rather with â—stonishment then sorrow And touching the Roman Catholique Princes they did afterwards rejoyce at it considering what a blemish the manner of his death brought upon the Reformed Religion but Sir I pray be pleased to proceed Philanglus The Sophies or Gran signo'rs of the Common-wealth whereof we spoke before scrued up their authority every day higher and higher They declare that an Ornance of Parliament without the Royal assent is equivalent to an Act They declare that not onely the consultative ministerial and directive power is in them but also the Judicatory Despotical and Legislative highest power is inherent in the Walls of their two Houses That their power is also Arbitrary Vbiquitary and incontrolable That they are not subject to Dissolution or Time being the eternal and irrevocable Trustees of the Commonwealth with such Rodomontado's which made one to think that a Mid-summer Moon had got betwixt them and therefore thought this Anagram a very fit one to be set upon the dore of the House with the distic annexed Parliamentum Lar Amentium Fronte rogas isto P. cur Anagrammate non sit In promptu causa est Principem abesse scias Polyander They who have pryed into the true humour of a Portuguez have observ'd that He useth to act more according to what hee thinks himself to be then what he really is It seems that these Parliamenteers were possess'd and puffed up with the same humour But if the supream power were in an Assembly when that Assembly is risen I wonder what 's become of the power sure it must rest in the air or sticking to the Walls of the Chamber where they breath'd Now Sir touching long Parliaments I am of opinion it is the greatest and generallest grievance that can be possibly to the English people by reason that besides other irregularities it stops the ordinary course of Law in regard of the priviledge they have not to be subject to arrest with others to whom they give protection now not one in four of that long Parliament men but ow'd money and what use Sir Peter T and others made of that priviledge to the detriment of a thousand poor Creditors is too well known And were such men think you fit to keep the Kingdomes Purse in their Pockets so long but having got the Great Seal as well as the Sword into their hands what signal Acts of Justice did they do Philanglus 'T is true they had got the Seal and Sword which the Law of England doth appropriate to the chiefest Magistrate the one should be girt onely to his side and the other hang at his Girdle And it was told them to their faces by the knowingest Members in the House that to cut a broad Seale of England was the highest reason that possibly could be attempted without the assent of the Governor in chief Now Sir touching any signal Act of Justice they ever did I am to seek to this day but for horrid acts and passages of in justice I think there could be produced a thousand clear and yet crying examples which would make a greater volume then the Book of Martyrs I mean Acts that were done before the wars begun and after it was ended which takes away the specious colour of necessity wherewith they varnished all their excesses and actions I will instance onely in two for this was intended for a short discourse not for a story viz. The business of the Lord Craven and Sir John Stawel the first a personage who is a great ornament to this Nation by his gallant comportments beyond the Seas the other one of the considerablest Knights in the whole Country Touching the Lord Craven he went with consent of Parliament to his charge in the Low Countries not onely before the War but before any discontentment happened at all 'twixt King and Parliament and being attenâ—ing his said military charge at Breda when the King of Scots came thither and the Queen of Bohemia being also there he could not avoid seeing them sometimes nor was there any Order or Act of Parliament to prohibit any body from doing so but for intermedling with any affairs of State or mixing with the Scots Council he never did it At that time there happened to be in Breda many cashiered English Officers and among them one Faulkner who having a Petition drawn and written all with his own
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
preservation of his Person in imitation of the Parliament who had taken a kind of choice Praetoriaâ— band many moneths before for their safeguard though without the Kings consent The Northern men came cheerfully to this service wherewith the Parliament being not well pleas'd they interdicted all trade to Newcastle But I must make a step back when the King was return'd from Scotland he retir'd to Hampton Court yet upon the Lord Mayors and Cities solicitation hee came back to White-Hall to keep his Christmas But when the Bill against Bishops was in agitation which lasted above ten Months and was twice cast out of the House of Peers a crue of hold sturdy mechanicks Marriners and Tar-pawlings came from the City and ruffled again before White-hal and Westminster-hall and would have violated the Abbey of Westminster under the Parliaments Nose so that for many nights a Court of Guard was forc'd to be kept in the body of that Church The King finding such distempers still in the Parliament and knowing the chiefest Authors of them who he had impeach'd before but could get no justice against them in an ordinary way though he desir'd the Parliament to direct him in a course how to go on in the Empeachment in such extremity for desperate diseases requiring desperate cures He took the Palsgrave with him and making use of the next Coach he met withall at the Court gate he went to the House of Commons in person to demand five Members which he would prove to be Traytors in the highest degree and to be the fomenters of all these divisions protesting unto them upon the word of a King that they should have as fair and legal a Trial as ever men had in the interim he desir'd onely that their persons might be secur'd The Walls of both Houses and the very stones of London streets did seem to ring of this high carriage of the King and the sound thereof far and neer into the adjacent Countries whence the Plebeans by incitement of some of the Members came in whole Herds to the City and strutting up and down the streets had nothing in their mouths but Priviledge of Parliament Polyander Yet as I observ'd in your discourses before Queen Elizabeth though she was so popular and such a minion of Parliaments did the like and far higher things But now that you have given a touch of the Palsegrave I remember a Manifesto of that Parliament which they passed and published in favour of his restitution which was laughed and libelled at in Germany Philanglus 'T is true the King went in state one day to the Parliament in his behalfe where he clear'd unto them the whole business and because he doubted that Sir Thomas Roe his Embassadour should have but sorry success in the Diet which was then held in Germany in regard he understood of an Amnestia to come forth whence the Prince Palatine was excluded he desired the two Houses to joyn with him in a publique Manifâ—sto The Parliament did cheerfully approve hereof praying that Scotland would joyn with them The Manifesto consisted of two parts or protestations one against all Acts whatsoever that should passe in the Imperial Diet in the prejudice to the Palatine the other that the King and Parliament of great Britain were resolv'd to espouse his quarrel but this business was little thought of afterwards The King as I told you before having gone to the House of Commons himself to demand those Members it happened none of them were there but retir'd to London for refuge the House having had notice of the design from Marquis Hamilton who was us'd to reveal unto them whatsoever was intended at Court Polyander It may well be said then that the infortunate King had greater Traitors within dores then abroad but it concern'd Hamilton with Holland and others to keep in with the House because they were the chiefest Monopolizers specially the Earl of M. who in regard his son was so great a Zealot in the Upper House was permitted to keep a kind of Office to compound for his corruption and briberies whereof there were above forty prov'd against him yet he scap'd without any punishment at all or least mark of Infamy Philanglus Well Sir the Londoners grew stark wild when they heard of this attempt of the King and the Countries about specially Essex and Buckinghamshire men being incited by Hamden who was kill'd afterwards upon the same turf of earth where he call'd the people together came in great swarms to Town and joyning with the City and Suburbian rabble They brought the five Members the next day to the House in a kind of Triumph being guarded by water as wel as by land by such companions A little after sundry Troops of Countâ—y horse came and instead of Feathers or Ribands they carried a paper-Protestation in their Hats as the Londoners had done a little before upon their Pikes point Polyander I heard much of the said Protestation but I pray oblige me to tel what it was Philanglus It consisted of many parts being penn'd and enjoin'd by the Parliament for every one to take The first part was to maintain the true Protestant Religion against all Popish Innovations but no other The second was to maintain the Person Prerogative and honoâ— of the Kin The third The Priviledge and Power oâ— Parliament And lastly the prâ—priety and liberty of the Subject Polyander Where was the King during all these popular Riots Philanglus Rather then expose himself to such indignities and there being dark whispers of an attempt upon his Person he retir'd to Hampton Court thence to Windsor Castle whence having accompani'd the Queen and his eldest Daughter to the Sea-side for Holland and having commanded the Prince to attend him at Greenwich against his return the Prince had been surpriz'd and brought to London had the King stayed but a quarter of an hour longer Thence he remov'd to York where he sojourn'd all that Summer and among other things he sent for his Great Seal thither which rid Post and was pursued by the Parliament but not overtaken The King being setled at York the Parliament still move him to have the disposing of the Militia and not to be limited to any time which he denied for he was loth to be dis-arm'd and part with his sword Therefore he put forth his Commissions of Array according to the old Law of England as he alled'd which declares it to be the undoubted Right and Royal Signory of the King to arm or disarâ— any Subject The Parliament send out Counter-commands for the executing the said Militia so by this clashing 'twixt the Commission of Array and the Militia the first flash of that cruel and cruentous civil War may be said to have broke out A close Committee was appointed which was mix'd of Lords and Commons and I cannot tell how many Rural and subordinate Committees of mean mechanical men who stood higher a tip-toe in conventing Lords and Knights before them
then the Parliament members themselves an Admiral also was sent to sea against whom the King excepted Polyander That was strange considering how oft the King had complied with them that way having at their request remov'd two Lievtenants of the Tower and taken one of their Election having remov'd the Governour about his son and taken one of their choice having remov'd Sir Thomas Glenham from Hull and nominated Hotham c. Philanglus The Presbyterians who had brought in the Scots Army before and were the activ'st men cried out that the whole Kingdom was like to be ruin'd by secret Plots and machinations That there was a design to bring in the Pope and to cast the civil Government into a French frame wherof they made the Pulpits to ring up and down nor did the Pulpit onely help to kindle this fire but the Presse also did contribute much thereunto dangers and jealousies and a kind of superfaetation of fears did daily increase in every corner Traduntque metus nâ—c poscitur Author As the Poet saith Polyander There be sundry sorts of fears There are conscientious fears there are pannick fears there are pusillaminous fears and there are politick fears The first proceeds from guilt of conscience which corns oft to phrensie The second fear may be called a kind of Chymera 't is some sudden surprizal or consternation proceeding from no grounds Pusillaminous fear makes a Mountain of a Mole-hill it proceeds from poverty of spirit and want of courage and is a Passion of abject and degenerous minds and is call'd cowardize Politique fear is a created forg'd fear wrought in another to bring some design about And as we finde the Astronomers as is said elsewhere do imagine such and such shapes and circles in the Heavens as the Zodiack Equinoctial Câ—lurâ—s Tropiqâ—es and others though there be no such things really in nature to verifie and make their conclusions good so the Staâ—ist doth often devise and invent imaginary fears to make his proceedings the more plausible and thereby to compass his ends Or as the Sun useth to appear far bigger in the morning and evening then at noon when he is exalted to his Meridian and the reason the Philosophers use to give is the interposition of the vapours and exhalations which are in the lower Region of the air through which we look upon him as we find a piece of Silver look bigger in a Bason of water then elsewhere so the Polititian useth to cast strange mists of fears and fogs of jealousie before the simple peoples eyes to make dangers seem bigger It is observed that the Torpedo fish when he fears to be catched useth to disgorge an â—nky â—lack froth to puddle and darken the water that he may not be seen and so avoids taking so one trick of a Statist when he goes a fishing after some ends of his own is to cast out before the eyes of the credulous vulgar strange mists and apprehensions of fears and dangers that they may scape in them if need be But I pray deal clearly with me was there a design to bring in the Mass again Philanglus The Mass you may say there was a plot to bring in Mahomet as soon to bring in the Alchoran or Talmud as soon yet I believe there was a pernitious plot to bring in a new Religion but what Religion I pray it was not Papery but Presbytery and with it to Usher in Buchanan and Knox and to cast our Church and State into a Scots mould Polyander I must tell you indeed that I heard the English much censured and undervalued abroad for enslaving as it were their understandings and judgements in point of Religion to the Scots whom we made Christians and Reformed Christians first and now for us to run to them for a Religion what a disparagement think you is it But you spoke before of an Empeachment of high Treason the King had against the five Members for which he desired only the benefit of the Law I pray what was that Treason Philanglus The main charge of Treason that was intended to be exhibited against them was the private intelligence and combinations they held with a forreign nation and to have been the prime instruments of bringing in the Scots Army which had done so much mischiefe to England and was dismissed upon such inglorious terms for besides the plunder they got they had a vast sum of treasure to be gone which was not the usua◠〈◊〉 that our Progenitors used in dealing with the Scot for in former times England was 〈◊〉 to pay the Scot his Arrears when he came to visit her borders in another kind of mettal viz. with good Iron and Steel not with Gold and Silver but she hath soundly revenged her selfe since for the insolencies of that hungry Nation But to proceed The Hierarchy and English Liturgy being voted down there was a general liberty given to all consciences in point of Religion The Taylor and Shoomaker might have cut out what Religion they pleas'd the Vintner and Tapster might have broach'd what Religion they pleas'd the Druggist and Apothecary might have mingled her as they pleas'd the Haberdasher might have put her upon what block he pleas'd The Armorer Cutter might have furbrish'd her as they pleas'd the Dier might have put what colour the Painter what face they pleas'd upon her the Draper and Mercer might have measur'd her as they pleas'd the Weaver might have cast her upon what loom he pleas'd the Boat-swain and Mariner might have brought her to what deck they pleas'd the Barber might have trimm'd her as he pleas'd the Gardner might have lopp'd her as he pleas'd the Black-smith might have forg'd what Religion he pleas'd And so every one according to his profession and fancy was tollerated to form what Religion he pleas'd as was observ'd elsewhere Polyander Indeed I was told often beyond the Seas that the Liberty of the Gospel and the Liberty of the People were the two things which were mainly aim'd at but how did the war begin Philanglus I told you before that besides other causes the clashing of the Militia with the Commission of Array did put all things in disarray throughout the whole Kingdom many Declarations came from the King but they were prohibited at last to be published and the Printers punish'd A little after the Parliament voted an Army to take away ill Councellours from about the Kings person and the Earl of Fssex was appointed General with whom they voted to live and die Polyander Me thinks that Lord was not so proper for the service in regard his Father before him lost his head upon the like occasion for offring to amove ill Councellors from about Queen Elizabeth but I beleeve he might have a private quarrel of his own with the Court in that his first wise was Articled and sentenc'd away from him and married to a Scotch man whom he much hated in King James his time who made a deep asseveration that if