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
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
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
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
any thing was amiss in that divorce he wish'd it might light upon his own Soul but I pray be pleas'd to go on Philanglus The King understanding that the Parliament did thus arm he was told that it was not fit for him to be idle so having levied some forces in the North he marched with them to Nottingham where he set up and displaied the Royal Standard but the Beam thereof by a gust of wind towards the evening was broke which was held an ill augury Polyander I heard by some of those that were then on the place that the King had not 4000 effective fighting men when he put up his Standard and the Parliament had an Army of above 15000 in a compleat body and upon their march about Northampton therefore I heard it censured a great oversight in the Parliament that they did not inorder their General to find out the King at Nottingham where he might have either taken him Prisoner or forc'd him to flie with his little confus'd Army But I pray pursue your discourse Philanglus I must again step a little back and inform you as that Army of the Parliaments was a levying these Propositions were sent to the King with a complemental introduction which because they are of a very high nature I will particularly relate unto you the preamble was this WEE your Majesties most humble and faithful Subjects having nothing in our thoughts and desires more precious and of higher esteem next to the honour and immediate service of God then the just and faithfull performance of our duty to your Majesty and this Kingdom and being sensible of the great distractions and distempers and of the iminent dangers and calamities which the said distractions and distempers are like to bring upon your Majesty and your Subjects all which have proceeded from the subtile informations mischievous practises and ill counsels of men disaffected to Gods true Religion your Majesties honour and safety and the publick Peace and Prosperity of your people After a serious observation of the Causes of these mischiefs Wee do in all humility and sincerity present to your Majesty our most humble Petition and Advice that out of your Princely wisdom for the establishing of your own honour and safety and gracious tendernesse of the welfare and security of your Subjects and Dominions You will be pleased to grant and accept these our humble desires and Propositions as the most necessary effectual meanes through Gods blessing of removing those jealousies and differences which have unhappily fallen 'twixt you and your people and for procuring both your Majesty and them a constant course of honour peace and happiness 1. That those of your Privy Council and such great Officers and Ministers of State either at home or beyond the Seas may be put from about you and from those Offices and Employments excepting such as shall be approved of by Parliament And that the persons put into the places and employments of those that be removed may be approved of by Parliament And that all Privy Councellors shall take an Oath for the due execution of their places as shall be agreed upon by Parliament 2. That the great affairs of the Land may not be concluded or transacted by the advise of private men or by unknown and unsworn Councellors but that such matters that concern the publique and are proper for high Assemblies which is your Majesties great and supream Council may be debated resolved and transacted here and no where else and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgment of Parliament And such other matters of State as are proper for your Privy Council shall be debated and concluded by such as shall from time to time be chosen for what place by approbation of Parliament And that no publique Act concerning the affairs of the Land which are proper for your Privy Council may be esteemed of any validity as proceeding from Royal Authority unless it be done by the advice and consent of the major part of your Council And that your Council be limited to a certain number noâ—t exceeding twenty five nor under fifâ—â—een And if any Councellors place happen to be void in the intervalls of Parliament it shall not be supplyed without the coâ—â—sent of the major part of the Council which voice shall be confirmed at the next sitting of Parliament or else to be void 3. That all the great Oâ—ficers of State and Civil Justice as also your Secretaries may be chosen with the approbation of Parliament and in the intervals as formerly 4. That he or they to whom the Government and Education of the Royal issue shall be committed shall be approved by Parliament and in the intervals as formerly And that all such servants which are now about them against whom the Parliament shal have any just exception shal be removed 5. That no All â—nce of any of the Royal issue by way of marriage shall be concluded or treated with any forraign Prince or other Person whatsoever at home or abroad without consent of Parliament under the penalty of a Praemunire unto such as shall conclude or treat of any such Alliance And the said penalty shall not be pardoned or dispensed with but by consent of Parliament 6. That the Laws in force against Papists be strictly put in execution without any toleration or dispensation to the contrary And that some more effectuall course be enacted to disable them from making any disturbance in the State or â—luding the Law by Trusts or otherwise 7. That the Votes of all Papists in the upper House may be taken away as long as they continue Papists and that such a Bill be drawn for the education of their Children in the reformed Religion 8. That your Majesty will be pleas'd to consent that such a Reformation bee made of the Church-government as the Parliamsnt shall advise of And that your Majesty will contribute your best assistance for the raising of a sufficient maintenance for Preaching Ministers throughout the Kingdom And that your Majesty will be pleas'd to give your consent to Laws for the taking away of Innovations and Superstition and pluralities and against scandalous Ministers 9. That your Majesty will be pleas'd to rest satisfied with that course the Parliament hath appointed for ordering the Militia untill the same shall be further setled by â—â—ill and that your Majesty will recall your Declarations and Proclamations against the Ordinance made by the Parliament concerning it 10. That such Lords and Gentlemen that are Members of the House which have been put out of any Place or Office may either be restor'd or have satisfaction for the same upon the Petition of the Court whereof he or they are Members 11. That all Privy Councellors and Iudges take Oath the form whereâ—f to be agreed upon and setled in Parliament for the maintenance of the Petition of Right of certain Statutes made by this Parliament And that an Inquiry