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A28358 An argvment of ivstification of the five members accused by His Majesty vvherin is proved that the raising of this present army by authority of Parliament, is not treason : by which it likewise appeareth, that never any king of England received losse or damage by any Parliament, from the first that ever was called to this present Parliament / by Peter Bland of Grays-Inne, Gent. Bland, Peter, of Gray's Inne. 1643 (1643) Wing B3161; ESTC R16874 8,204 18

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overseers Kings are bound by their Piety and by no other obligations In Queen Maries time when it was thought that she was with Childe It was propounded that the Rule of the Realm should be given to King Philip during the Minority of the hoped Prince or Princesse and the King offered his assurance in great summes of Money to relinquish the Government at such time as the Prince or Princesse should be of age At which motion when all were silent in the House the Lord Dacres who was none of the wisest asked who should sue the Kings Bonds which ended the despute for what Bond is between a King and Vassall more than the Bond of the KINGS Faith Doct. What say you then to the twenty eighth yeare of that King in which when the King demanded Reliefe the States would not consent except the former Order had beene taken for the appointing of foure Overseers for the Treasure As also that the Lord Chiefe Justice and the Lord Chancellor should be chosen by the States with some Barons of the Exchequer and other Officers Stud. Why Sir Admit the King had yeelded to their demands then whatsoever had been ordained by those Magistrates to the dislike of the Commonwealth the people had beene without remedy whereas while the King made them they had their appeale and other remedies It is an excellent thing for a King to have patience and give way to the fury of mens passions Doct. Was not the King denied a Subsidie in the forty first of his Reign Stud. No Sir for although the King required Money as before for the impossible conquest of Scicily yet the House offered to give fifty two thousand Marks which whether he refused or accepted is uncertaine And whilest the King dreamed of Scicily the Welsh Invaded and spoyled the Borders of England for in the Parliament of London when the King urged the House for the prosecuting the Conquest of Scicily the Lords utterly disliking the attempt urged the prosecuting of the Welsh-men Which PARLIAMENT being Proroged did againe Assemble at OXFORD and was called the mad PARLIAMENT which was no other than the Assembly of Rebels for the Royall Assent of the KING which gives life to all Laws formed by the three Estates was not a Royall assent when both the King and Prince were constraind to yeeld to the Lords A constraind consent is the consent of a Captive not of a King and therefore there was nothing done there either legall or Royall for if it be not properly a Parliament where the Subject is not free certainly it can be none where the King is bound for all Kingly Rule was taken from the King and twelve Peers appointed to Governe the Realm and as other Writers have it 24 Peers and therefore the assembly made by Jack Straw and other Rebels may aswell be called a Parliament as that at Oxford Principis nomen habere non est esse Princeps for thereby was the King driven not onely to compound all quarrels with the French but he quitted his Right to Normandy Anyou and Mayne Doct. But what needed this extremity seeing the Lords required but the confirmation of the former Charter which was not prejudiciall to the King to grant Stud. Yes Sir but they insulted upon the King and would not suffer him to enter into his own Castles they put down the Purvey or of the meat for the maintenance of his house as if the King had been a Banckrupt and gave order That without ready money he should take up a Chicken and though there is nothing against the Royalty of a King in these Charters yet it is so contrary to the nature of a King to be forced even to those things which may be to his avantage as that the King had some reason to seek the dispensation of his oath from the Pope and to draw in strangers for his own defence yea jure salvo coronae nostrae is intended inclusively in all oaths and promises exacted from a Soveraign Doct. But you know t is dangerous to call in other Nations both for the spoyle they make as also because they have often held the possessions of the best places with which they have been trusted Stud. T is true Sir nothing is so dangerous for a King as to be constraind and held as prisoner to his Vassalls for by that Edward the Second and Richard the Second lost both their Kingdoms and their lives Doct. Why those were both Deposed by Parliament were they not Stud. Yes Sir being prisoners and being out of Possession It is an old contrary Proverb that might overcomes right a weak title that wears a strong sword commonly prevails against a strong title that wears but a weak one otherwise Philip the second had never been Duke of Millaine nor King of Naples and Sicily but sir errores non sunt trahendi in exemplam when I defend Parliaments I speak of peaceable Regall and lawfull Parliaments Doct. What say you then to the Parliament held at London about the sixt year of Edward the Seconds time Stud. I say that King was not bound to performe the Acts of that Parliament because the Lords beeing too strong for the King enforced his consent for these be the words of our own History viz. They wrested too much beyond the bounds of reason and at the Parliament in the 13 year of that King the Lords that were so moved came with an Army and by strong hand surprized the King they constraind saith the Story the rest of the Lords and compelled many of the Bishops to consent unto them yea it saith farther That the King durst not but grant to all that they required Doct. What say you to the Lords in Richard the Seconds time when he was first besieged in the Tower the Lords came to the Parliament and no man durst contradict them Stud. Certainly in raising an Army they committed Treason and though it did appear that they all loved the King for they did him no harm having him in their power yet our Law doth conster all levying of War without the Kings Commission and all Force raised to be intended for the death of the King not attending the sequell so saith Sir Walter Raleigh but Mr. Doctor for this war that our present Parliament do maintain I must tell you that you must take this for a generall rule That the immortall Policy of a State cannot admit any Law or Priviledge whatsoever but in some particular or other the same must necessarily be broken therefore I hold not Sir Walters opinion for good Law in the case of our times for the supreme reason beares out their practise of many things without the advise of the Law and where the Law by forecast hath not provided remedies for future dangers Parliaments are forced to assist themselves by their Priviledges And besides who can shew a greater Right or Title to the exposition of that Statute and determining what is a levying of War within that Statute and what not then those that can expound with the same authority that the thing expounded was made by however I am sure That as those Parliaments wherein the Kings of this Land have satisfied the people have beene ever prosperous both to King and people so where Kings have restrained the House the contrary hath hapned Doct. Well Sir but is it not the best way to compound a Parliament of the Kings servants and others that shall in all obey the Kings desires Stud. Certainly no for it hath never succeeded well on the Kings part nor on the Subjects for from such a composition do arise all jealousies and all contentions it was practised in elder times to the great trouble of the Kingdome and to the losse and ruine of many In later times 't was used by King Hen. the eight but every way to his disadvantage when the King leaves himself to his people they assure themselves that they are trusted and beloved of their King and there was never any people so barbarous as not to answer the love and trust of their King Doct. Well Sir notwithstanding all this who dares to advise a King to call a Parliament for if it should succeed ill those that advised the King to it should fall into the Kings disgrace and if the King be driven into any extremity they can say to the King that because we found it extreamly unpleasing to his Majesty to hear of a Parliament we thought it no good manners to make such a motion Stud. As to the first part of your excuse let me tell you that there was never any just Prince that hath taken any advantage of the successe of Counsells which have bin founded upon reason to fear that were to fear the losse of the Bell more then the losse of the Steeple and were also the way to beate all men from the study of the Kings service But for the second part of your excuse where you excuse your self upon the Kings protesting against a Parliament let me tell you that the King upon better consideration may encounter that finesse of yours therefore 't will be better for a King to trust his own reason and excellent judgement which have not deceived him in any thing wherein His Majesty hath imployed them take counsell of thine heart saith Salomon for their is none more faithfull unto thee then it FINIS
King had a power over the Parliament unlesse I misapprehend them pray tell me hath he not now a power over them Stud. I shall tell you what I have read and farther I cannot go The House had agreed in 23 Eliz. to have a common Fast whereof the Queen misliked not for the matter but for the innovation of order without her privity and without Ecclesiasticall Authority for which cause the Commons submitted themselves and she gave them their pardon And Sir Walter Raleigh saith the three Estates do but advise as the Privie-Councell doth which advice if the King embrace it becomes the Kings own Act in the one and the Kings Law in the other for without the Kings acceptation both the publike and private advices be but as empty Egge-shells Again if there be any difference for alteration of a Bill between the Lords and Commons then usually some speciall persons of each House meet confer that one House may understand the meaning of the other but a Bill that is signed by the King and sent to the Lower-house may not be altred in any part thereof without His Majesties licence but if a Bill come from the Lords and not signed by him it may be altered by noting what should be taken from it or added unto it from whence learned Doctor I desire you to gather your own satisfaction and in 4. 5. Phill. Mar. The Speaker shewed that it was the QUEENS pleasure that the House should proceed no farther with the Bill for the Revenues of the Queen because it extended to divers which had accompted and then Peter Wentworth and James Dalton moved whether this did not restrain the Liberty of the House upon which after many arguments they resolved to cease till some other time now the Queen revoked her said Command and gave them liberty to proceed but upon consultation amongst themselves they spared to proceed any farther Doct. But pray Sir tell me your opinion freely Is it dangerous for the King to assemble the three States for thereby former Kings have alwayes lost somewhat of their Prerogative and because you shall not think that I speak at random I will begin with elder times wherein the first contention began betwixt the Kings of this land and their Subjects in Parliament Stud. Sir you would do me a singular favour in your so doing Doct. You know that the Kings of England had no formall Parliament till about the eighteenth yeer of Henry the first for in his 17th yeer for the marriage of his daughter the King raised a Tax upon every hide of Land by the advice of his privy Councell alone but you may remember how the subjects soon after this Parliament began to stand upon termes with the King and drew from him by strong hand and the sword the Great Charter Stud. You say well Sir the great Charter was drawn from the King by the sword but hereof the Parliament cannot be accused but the Lords Doct. Then afterwards King John promised to restore King Edwards Laws and also to confirm the Charter of Forrests and the great Charter upon his absolution but after his return out of France in his 16 year he denyed it because without such a promise he had not obtained restitution therefore he said his promise was constrain'd and not voluntary what say you therefore was he not bound in honor to perform it Stud. Certainly no for it was determined the Case of King Francis the first of France That all promises by him made whil'st he was in the hands of Charls the Fifth his enemy were voyd by reason the judge of Honor which tells us he durst do no other Doct. But King John was not in prison Stud. Yet for all that restraint is imprisonment yea fear it self is imprisonment and the King was subject to both I know there is nothing more Kingly in a King than the performance of his word that is his word that is freely given for binding of a King by Law upon the advantage of his necessity makes the breach it self lawfull in a King saith Sir Walter Raleigh his Charters and all other instruments being no other than the surviving witnesses of unconstrained will Princeps non subjicitur nisi suae voluntate libra mero motu certa scientia necessary words in all the Grants of a King witnessing that the same Grants were given freely and willingly Doct. But what say you to the Parliament of Westminster in the 16 yeare of the King when notwithstanding the Wars of France and the great charge he had been at in repulsing the Welsh Rebels he was flatly denyed the Subsidy demanded Stud. I confesse Sir That the House excused themselves by reason of their poverty and the Lords taking of Arms but you spake Sir of danger of Parliaments Now in this Parliament there was a deniall but there was no danger at all yet in the end of that year at the Assembly of the States at Lambeth the King had the fortieth part of every mans goods given him freely towards the payment of his debts and those people who the same year had refused to give the King any thing when they saw he had supplied his own necessity out of Delinquents and corrupt Officers which he call'd to accompt they willingly yeelded to give him satisfaction and indeed 't is impossible for a King of England to greaten and enrich himself by any way so assuredly as by the love of his people for by one years-Rebellion or civill Wars the King hath more losse than by a hundred years observance of Magna Charta and the other Laws that are in force for in those times of War Kings have been forced to compound with Rogues and Rebels and to pardon them but by Parliaments the Kings of England never received losse or prejudice Doct. But what say you to tha deniall in the 26 year of this Kings Reigne sven when the King was invited to come into France by the Earle of March who married his Mother and who promised to assist him in the Conquest of many places that he had lost Stud. It is true that a Subsidie was then denyed and the reasons are delivered in English Histories who say That with a world of payments there mentioned the King had drawn the Nobility dry and besides That whereas not long before great summes of Money were given and the same appointed to be kept in four Castles and not to be expended but by the advise of the Peers it was believed that the same Treasure was yet unspent Doct. Good sir you have said enough judge you your self whether that were not a dishonor to the King to be so tyed as not to expend his Treasure but by other mens advise as it were by their licence Stud. Surely noble Doctor the King was well advised to take the money upon any condition and they were fooles that did propound the restrain't for it does not appear that the King took any great heed to those