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
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
onely certified their proceedings to the Parliament Now Sir you must know that presently upon the taking of Exceter his whole estate was sequestred and continuing so above 7 years he being not allow'd a peny to put bread in his mouth hee visibly lost above 30000 l. which he humbly prayed might satisfie for his Composition which would not have amounted to the sixth part so much according to Article He was not onely denied that but a nigrum Theta a black Bill was voted for selling away his whole Estate A little after an Act being passed and Commissioners appointed for the relief of Prisoners upon Articles in time of War Sir John made his addresses unto them and after above ten moneths debate of the business the whole Court consisting of eight Commissioners delivered their opinions cleerly that Sir John Stawel was within the Articles of Exon that he had not broken any of those Articles ever since but exactly observ'd and perform'd them that consequently Hee was not onely to have his person unmolested and his whole Estate restored him but to have satisfaction for the great losses he had received while his Estate lay under Sequestration c. This clear and positive Judgement being pronounced solemnly by the Court of Articles and the Demurres which the Trustees appointed to sell forfeited Estates and the Pourchasers of Sir John Stawâ—ls Lands had made being ovâ—r ruled yet the Parliament resumed the business reversed the sentence of that Court they themselves had Authorized and Voted that the Pourchasers should quietly enjoy and occupy according to their several Contracts what they had bought of Sir John Stawels Estate Pâ—lyander Good Lord what a world of hardships did that noble Knight undergo as to be so tossed from Prison to Prison from Bar to Bar yet to be found guilty no where but to be pronounced Râ—ctus iâ—curia nevertheless to have a sentence of Civil death pronounced against him viz the loss of so fair and noble an Estate as any in the west of England by the mischievous practice of a Member of the House who as I heard professed most friendship unto him But was there no more care to observe Articles of War which is held a sacred thing among Pagans and Infidels The Tâ—rk and Tartar in this point will keep faith with the Sword as well as with the Cimiter with the Hat as well as with the Turban or Shash Philanglus Herein a difference may be said to have been 'twixt Generals for the Presbyterian Generals did not much care how their Articles were broke or kept but his Highness who is now Lord Protector was very carefull for the observation of what Articles he made and clash'd about it more then once with the Parliament Polyander Truely Sir you have related many horrid things which might make the Word Parliament merit the same fate that befel Tyrant Sophister and others which were good in their first institution but afterwards came to be odious and reproachful and will continue so to the worlds end But 't is much that the Parliament which should be the great Physitian of the Common wealth should become such a Mountebank that in lieu of making up the ruptures 'twixt King and people and closing the leaks in the great Vessell of the State they should cause more that like Banbury Tinkers in lieu of stopping one hole they should make two There is a saying that Infaeliciter agrotat câ—â— plus-mali venit à medico quam à morbo That Patient is in a sad case who receives more hurt from the Physitian then from the Disease more mischief from the remedy then from the malady t is better for one to endure a little head-ach then to have his pate broken Philanglus There breaths not a soule Inter quatuor maria betwixt Englands foure Seas who hath a more venerable opinion of Parliaments then I having had the honour to have been a good while a small part thereof They were used to be the bulwark of our liberties the main banks and boundaries which kept us from slavery from the inundation of Arbitrary Rule and unbounded Will-Government This high superintendent Court at its first Constitution was used to be compared to the Macrocosm the Great World it self The Soveraign Magistrate was compared to the Sun the Nobles to the fixed Stars the Judges other Officers who went with Messages 'twixt both Houses to the Planets the Clergy to the Element of Fire the Commons to the solid Mass of Earth And as the Heavenly bodies when three of them meet in Conjunction use to produce some admirable effects in the Great world so when the three States did use to convene and assemble in one solemn Junta some notable and extraordinary things were used to be brought forth tending to the wellfare of the whole Kingdom Now there were three essential properties that belonged to Parliament viz. fairness of Election fulness of Members and freedom of Speech 'T is too well known how little of all three were found in the late long Parliament specially the last to wit liberty of speech For none was permitted to speak unless he spoke still to the sense of the House to the sense of the House which was a pure restraint what a deale of time was spent in bandying of answers in Remonstrances in Replies Rejoynders and descanting upon words so that the first 16. months were spent meerly in chopping Logick with the King and nothing at all done For fulness of Members they were purg'd at last very low so that there was scarce the tenth part of what they should have been in number The King offered to give them a little purge of five or six Drams but it was furiously cast away because there was too much Basilicon in it Then there was a purge of eleven drams given them wherein there was some unguentum Armarium that cures a far off which made some of them to flie t' other side of the Sea where one Member as soon as he put foot on shore fell sick of the Plague and so was buried no better then in the Town ditch because he had first infected the place At last they had a good sound purge as big as a drench administred them which purg'd away above a hundred Members at once yet all this would not do for some Members were grown so corrupt and putrid that nothing could cure the House but an utter Dissolution according to the old saying Immedicabile vulnus Ense recidendum Which great Dissolution was made without one tear or drop of bloud as the Portugal Embassadour sent word to Lisbon , for England had been long weary of her Physicians who had they continued longer might have made Her say as Alexander the Great did on his death bed Perii Turba Medicorum I die of too many Physicians Polyander Touching fullnesse of Members I heard it censur'd by some Criticks beyond the Seas for a Solaecism in the English Government that they are so many but specially that
returned without the prisoner This being related to the House of Commons they would sit no longer without their Member and desiring a conference with the Lords Sir Thomas Aâ—dly then Chancellour and the rest judged the contempt to be very great and referred 〈◊〉 punishment thereof to the House of Commons it selfe Concerning liberty or freedome of speech which is held another privilege of Parliament There is a speech of Sir Thomâ—â— Moors upon record who being chosen Speaker 14. Henry the eight He first disabled himself and then petitioned the King in the behalf of the House that if iâ— communication and reasoning any maâ—â— should speak more largely then of duty be ought to do all such offences should be pardoned which was granted and entreâ— upon record In which petition it is observable that liberty or freedom of speech is not a power for men to speak whaâ— they will or please in Parliament It is â— priviledge onely not to be punished but pardoned for the offence of speaking more largely then in duty they ought to do which in a right construction must be understood of rash unadvised ignorant or negligent escapes and slips in speech not for willfull malicious much lesse for treasonable speeches And then the Kings pardon was desired to be upon record that it might be pleaded at Bar to all actions There is a speech upon record in Queen Elizabeths time wherein the Commons were warn'd not to meddle with the Queens Person the State or Church-Government Polyander I have heard of divers traverses that hapned in the reign of that popular and long lived Queen which trenched as much if not more upon the priviledges of Parliament and the liberties of the people then any that happen'd in the reign of the two last Kings Philanglus It is very true and I will give you some instances drawn from good authentick records 23. Elizabeth Mr. Paul Wentworth moved in the House for a publick fast and for a Sermon every morning at seven a clock before the House sate the House hereupon was divided 100 were against it and 150 for it and so an order passed accordingly The Queen being told hereof sent a message to the House by her Vice-chamberlain That her Highnesse had great admirâ—â—tion of the rashnesse of the House in commitâ—ing such an apparent contempt of her expresse command as to put in execution such an innovation without her privity or pleasure fist known Thereupon Mr. Vice-chamberlain moved the House to make an humble submission to her Majesâ—y acknowledging the said offence and contempt and to crave remission for the same withâ—â—full purpose to forbear the committing of the like hereafter So by the suffrage of the whole House Mr. Vice-chamberlain carryed their submission to the Queen accordingly 35 Elizabeth Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entayling the succession of the Crown whereof a Bill was ready drawn The Queen was highly displeased herewith and charged her Councel to call the parties before them so Sir Thomas Henage was sent to fetch them so they were first commanded to forbear going to the House and not to go out of their several lodgings afterward they were called before the Lord Tresurer Lord Buckhurst and Sir Thomas Henage Wentworth was committed to the Tower and Bromeley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcestershire The Queen sent a notable check to the House of Commons 28. of her raign for chosing and returning Knights of the Shire for Norfolk a thing impertinent for the House to deal withall and belonging only to the Office and charge of her Chancellor from whom the Writs issue and are return'd In one Parliament when Mr. Coke afterwards Sir Edward Coke was Speaker the Queen sent a Messenger or Sargeant at Arms into the House of Commons and took out Mr. Morris and committed him to Prison with divers others for some speeches spoken in the House Thereupon Mr. Wroth moved the House that they would be humble sutors to her Majesty that she would be pleased to enlarge those members of the House that were restrain'd which was done accordingly and answer was sent by her Privy Councel That her Majesty had committed them for causes best known to her self and to presse her Highuesse with this suit would but hinder the whole good they sought That the House must not call the Queen to an account for what shee doth of her Royal Authority That the causes for which they are restrain'd may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into matters of that nature The Commons were told 39. Elizabeth that their priviledge was yea and no And that her Majesties pleasure was that if the Speaker perceived any idle heads which would not stick to hazard their own estates but meddle with reforming the Church and trans forming the Common-weal by exhibiting Bills to that purpose the Speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things and can better judge of them Moreover the Queen rejected 48. Bills which had passed both Houses in that Parliament The House of Commons by their Speaker 39. Elizabeth complained of some Monopolies whereupon the Lord Keeper made answer in her Majesties name That her Highnesse hoped her dutiful and loving Subjects would not take away her Prerogative which is the chiefest flower in her Garland the principall and hâ—ad Pearl in her Crown and Diadem but that they will rather leave that to her own disposition Sergeant Heal said 43. Elizabeth publiquely in Parliament that he marvelled the House stood either at the granting of a subsidy or time of payment considering that all we have is her Majesties and she may lawfully at her pleasure take it from us in regard she had as much right to all our lands and goods as to any revenew of the Crown and he said he could prove it by precedents in the raign of Henry the third King John and King Steven This speech agrees with that which Sir Edward Coke hath in his Institutes where he saith positively That the first Kings of this Realm had all the Lands of England in Demesne and the great Mannors and Royalties they reserved to themselves and enfeoffed the Barons of the remnant for the common defence of the Kingdom There was a remarkable passage happen'd in the raign of Henry the fourth The House of Commons Petitioned the King that they might have advice and communication with certain Lords about matteâ—â— of businesse in Parliament for the commoâ— good of the Kingdom which prayer as the record hath it Our Lord the King graciously granted but with this protestation That he did it not of duty nor of custom but of his special grace So our Lord the King
to the King to make him the best beloved that ever was I thought that before his going to Scotland he had redress'd all grievances by those Acts of Grace you spoke of before Philanglus So he had and he rested not there but complid further with the house by condescending to an Act for putting down the Star Chamber Court the High Commission Court the Court of Honor nay he was contented that his Privy Councel shouâ—d be regulated and his Forests bounded not according to ancient Prerogative but late custom nay further he passed a Bill for the unvoting and utter exclusion of the spiritual Lords from the Parliament for ever Add hereunto that having placed two worthy Gentlemen Lievâ—enants of the Tower he remov'd them one after another to content the House and put in one of their election Lastly he trusted them with his Navy Royal and call'd home at their motion Sir I. Pennington who had then the guard of the narrow Seas Polyander I never remember to have heard or read of such notable Concessions from any King but how came the Bishops to be so tumbled out Philanglus The City rabble were still conniv'd at to be about Westminster Hall where they offered some out-rages to the Bishops as they went into the House hereupon they presented a Petition to the King and Parliament that they might be secur'd to repair thither to discharge their duties according to the Laws of the Land In which Petition there was a protest or Caveat that no Act should passe or be valid without them This Petition both for matter and form was much excepted against and cried up to be high Treason so twelve of the old Bishops were hurried to the Tower but some of the knowingest Lawyers being considered withall whether this was Treason in the Bishops or no they answered that it might be called Adultery as much as Treason so after many moneths imprisonment the charge of Treason being declin'd against them they were releas'd in the morning but coop'd up again in the afternoon then they were restored to a conditional liberty touching their persons but to be eternalâ—y excluded out of the house which made one of them in a kind of Prophetick way to tell one of the Temporalâ—Peers my Lord you see how we are voted out of the House and the next turn will be yours which proved true Polyander I remember when I was at York a Gentleman shewed me a fair old manuscript of some things passed in Henry the eighths time and one passage among the rest sticks in my memory how Cardinal Wolsey being sick at Leicâ—ster the King sent Sir Joâ—n Kingston to comfort him to whom he answered Oh! Sir John 't is too late to receive any earthly comfort but remember my most humble allegeance to the King and tell him this story from a dying man The Bohemians repining at the Hierarchy of the Church put down Bishops but what followed then the Comunalty insulted over the Nobility and afterwards the King himself was depoâ—â—d so the government grew a while to be meerly popular but then it turned from a Successive to be an Elective Kingdom This said he will be the fate of Eng. unless the King bear up the reverence â—ue to the Church and so I pray God that his Majesty may find more mercy at the tribunal of Heaven then I have upon the Earth But pray Sir be pleas'd to proceed Philanglus The Parliament having the Navy at their disposing which they found to be in a good equipage gramercy Ship money and having chosen the Earl of Warwick Commander in Chief notwithstanding the King excepted against him They demand all the Land Souldiers and Military strength of the Kingdom to be managed by them and to be put in what posture and under what Commanders they pleased But the King answered that he would consider of this and it was the first thing that he ever denied them yet at last he was contented to grant them this also for a limitted time but that would not serve the turn Hereupon growing sensible how they inched every day more and more upon the Royal Preroâ—ative He thought 't was high time for him to look to himself And intending with some of his menial servants onely to go to Hull to see a Magazin of ammunition which he had bought with his own treasure he was in a hostile manner kept out the Gates shut Cannons mounted Pistols cocked and levelled at him and there the Kings party said the war first began Polyander A hard destiny it was for a King to lose the love of his subjects in that manner and to fall a clashing with his great Council but under favour that demand of the Militia was somewhat too high for every natural Prince and supream Governour hath an inherent and inalienable right in the common strength of the Country for though the peoples love be a good Cittadel yet there must be a concurrence of some outward visible force besides which no Earthly power may dispose of without his command and for him to transmit this power to any other specially to any that he mistrusts is the onely way to render him inglorious unsafe and despicable both at home and abroad you know in the Fable when the Lion parted with his paws and the Eagle with her talons how contemptible the one grew among all beasts and the other among birds The Scepter and the Crown are but bables without a sword to support them There 's none so simple as to think ther 's meant hereby an ordinary single sword such as every one carrieth at his side no t is the publique Polemical sword of the whole Kingdom 't is an aggregative compound sword and 't is moulded of Bellmettle for 't is made up of all the Ammunition and Arms small and great of all the Military strength both by Land and Sea of all the Forts Castles and tenable places within and without the whole Country The Kings of England have had this sword by vertue of their Royal Signory as the Law faith from all times the Prerogative hath girded it to their sides they have employed it for repelling of forraign force for revenging of all National wrongs or affronts for quelling all intestine tumults The people were never capable of this sword the sundamental constitutions of this Land deny 〈◊〉 them 'T is all one to put a sword in a mad mans hand as in the peoples Now under favor the Supream Governor cannot transfer this sword to any other for that were to desert the protection of his people which is point blank against his oath and office but I crave your pardon again that I have detained you so long from the pursuit of your former discourse Philanglus The King being so shut out of one Town I mean Kingston upon Hull he might suspect that an attempt might be made to shut him in within some other Therefore be made a motion to the York-shire Gentlemen to have a guard for the