House acknowledging their said offence and contempt craving her pardon for the same and promising to forbear the like for the future Mr. Vice-Chamberlain by the Suffrage of the whole House did accordingly carry up this their Submission to the Queen Also 35 Eliz. 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 entailing the Succession of the Crown whereof a Bill was ready drawn The Queen being highly displeased herewith summoned the parties concern'd in this motion before her Councel and made the Lord Keeper Buckhurst and Sir Thomas Heneage commit Wentworth prisoner to the Tower and Mr. Bromley to the Fleet together with Mr. Stephens and one Mr. Welch Knight for Worcestershire Another time this Queen the 28 th of her Reign sent a severe Reprimand to the House of Commons for choosing and returning Knights of the Shire for Norfolk a thing which she said was impertinent for the House to meddle withal and belong'd only to the Office and care of her Chancellour from whom the Writs issue and are Return'd Again the House of Commons by their Speaker 39 Eliz complained of some Monopolies whereupon the Lord Keeper made answer in her Majesties Name That her Majesty hoped her dutiful and loving Subjects would not take away her Prerogative which is the chiefest Flower in her Garden the principal Pearl in her Crown and Diadem but that they will rather leave that to her own disposal In one Parliament when Mr. Coke afterwards Sir Edward Coke was Speaker the Queen sent a Messenger or Serjeant at Arms into the House of Commons and took out Mr. Morris a Member thereof and committed him to Prison with divers others for some Speeches spoken in the House Whereupon Mr. Wroth moved the House that they would be humble Suiters to her Majesty that she would be pleased to enlarge those Memberâ— of the House that were restrained which was done accoâ—dingly And answer was sent by her Privy Councel That her Majesty had committed them for cause best known to her self and to press her Highness with this Suit would be of dangerous consequence that the House must not call the Queen to account for what she doth of her Royal Authority that the causes for which they are restrained may be high and dangerous and that her Majesty liketh no such Questions neither that it did become the House of Commons to search into matters of that nature And likewise in the 39 th of Eliz. the Commons were told that their Priviledges were 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 transforming the Commonwealth by exhibiting Bills to that purpose the Speaker should not receive them till they were viewed and considered by those who were fitter to consider of such things and can judge better of them And moreover the Queen rejected 48. Bills which had passed both Houses in that very Parliament whereas I have not heard of any two publick Bills that our Gracious Sovereign ever yet refused to pass as for the Bill of Succession that has never yet passed both Houses Also in the 21 of King James a Declaration was sent from New-Market to the Parliament wherein he asserts That most Priviledges of Parliaments grâ—w from Precedents which shew rather a Toleration then an Inheritance wherefore he could not allow of the stile they used to him calling it their ancient and undoubted Right and Inheritance but could rather have wished they had said their Priviledges were derived from the grace and permission of his Ancestors and himself Thereupon he concludes That he cannot with patience endure to hear his Subjects to use such Antimonarchical words concerning their Liberties except they had subjoyned unto them that they were granted them by the grace and favour of his Progenitors Nevertheless he promiseth to be careful of whatsoever Priviledges they enjoy'd by long custom and uncontrolled lawful Precedents Neither were the Houses of Commons so full of those Heats and Animosities in former times as they have been of late years and in King Charles the First his Reign but as all things were carried with lenity and Justice on the Kings side so with great modesty and deference by the Commons Thus in the 13 th of Edward the third a Parliament was called to consult of the Domestick quiet and the defence of the Marches of Scotland and the security of the Seas from Enemies But the Commons humbly desired not to be put to consult of things Queux ols n'ont pas cognizance whereof they had no cognizance In the 12 of the same King the Commons being moved for their advice touching the prosecution of a War with France after four days for Consultation by an Elegant Speech of Justice Thorp they answered that their humble desire of the King was that he would be advised therein by the Lords they being of more Experience then themselves in such Affairs In the sixth year of Richard the second a Parliament was called to consult whether the King should go in person to rescue the City of Gaunt or send an Army thither Wherein the Commons being asked their advice by Sir Thomas Puckring their Speaker they humbly answered that the Councels did more aptly belong to the King and his Lords The next year the Commons are desired to advise of the Articles of peace with France but they again modestly excuse themselves as too weak to Councel in so weighty matters And being a second time press'd as they did tender the repute of their Countrey and Right of their King they humbly delivered their Opinoins rather for Peace then War Nay and touching the point we are now upon of naming a Successor I have seen saith a late Author a Manuscript which makes mention that Henry the Eighth some two years before his death Summon'd a Parliament wherein he intimated to them that one of his main designs of Confining 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 consulâ— with his Learned Privy-Councel about it And whomsoever his Majesty would be pleased to nâ—minate in his last Will they would Confirm and Ratifie Whereupon old King Henry made a formal Will which was afterwards enrolled in Chancery c. for such was the Moderation and Modesty of the House of Commons in former times that they declined the Agittation and Cognizance of High State Affairs humbly transferring them to their Soveraign and his Privy-Councel a Parliament man then thought it to be the Adaequate object of his Duty to study the welfare complain of grievances and have the defect supplyed of that place for the which he served Thus the Burgess of Lâ—nn
studied to find out somthing that might have advanced the Trade of Fishing He of Norwich that might profit the making of Stuff He of Rye what might preserve their Harbour from being choaked up wiâ—h â—heâ—vâ—s of Sand He of Tiverston to further the Manufacture of Kersey's He of Suffolk what produced to the benefit of Cloathing and the Members of Cornwal what belong'd to their Stanneries and so the Respective Members of their several Counties and in doing this they thought to have complyed and discharged the trusts reposed in them without roveing at Universals prying into Arcana Imperii and bringing Religion to the Bar the one as they thought belonging more properly to the Chief Magistrate and his Councel of State as the other to the Bishops and Clergy Let me not here be misconstrued or censured to justifie his Majesty by Reflecting on the priviledges of the Commons for as I would not have the King lose the least Tittle of his Prerogative so neither would I have the Commons one hairs breadth of their priviledges nor do I go to prescribe the late Houses by the Foot-steps of their Predecessors since by the Concession or Connivance of late Princes 't is possible their priviledges may be increased no my only design is partly to satisfie the World that no King of England ever dealt more Candidly with a Parliament then our present Soveraign no not Queen Elizabeth her self who is so much the peoples Darling and partly by the Loyal Moderate example of former Houses to prevent any heats for the future Neither for such a factious age as this is can any Loyal Subject discharge his Duty boâ—h to King and Countrey without endeavouring as much as in him lies to silence those mutineers who having first endeavoured to exasperate the Houses one against another and both against the Kingdo afterwards in the Lobby lye waiting the event of each warm debate with the same Repacious hope as herenofore did Birds of Prey upon a Roman Army when the Signal to Battel was given for the enflaming the two Houses one against another they make use of the Rights and priviledges of Conferences asserting it the undoubted Rights of the Commons as in Fitz-Harris s Case they did at Oxford to confer with the Lords when they please without any denyal Which whether it be so or no I shall not presume to determine any farther then to acquaint you with a Remarkable passage that occurred in the Reign of Henry the fourths When the House of Commons Petition'd the King that they might have advice and Communication with certain Lords about matters of business in Parliament for the Common good of the Kingdom which Prayer as the Record hath it our Lord the King most graciously granted but with this Protestation That he did it not of Duty nor of Custom but of his special Grace and Favour So our Lord the King charged the Clerk of Parliament that this Protest 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 touching the Parliament but by his special Grace at this time he granted their request in this particular And the said Steward and Secretary brought the King word back from the Commons That they well knew they could not have any such Lords to commune with them about any business of Parliament without special Grace and Command from the King himself In like manner we read in Appian de Bell. Civ lib. 1. That the creation of the Tribune Office was design'd only to ballance the power of the Consuls whose Election then depended only on the Senate and to keep them from exercising the whole Authority in the Administration of their Republick but yet this bred much emulation and many quarrels amongst these Magistrates the one seeing themselves supported by the countenance of the Senate and the other by the favour of the People and each party thought themselves robbed of that which was added to the other Now as about these and the like Priviledges they endeavour to set the two Houses in an opposite flame left otherwise they might comply with his Majesty so is it their principal â—nd were it in their power which God Almighty prevent to unite both Lords and Commons against the King and for this purpose invent all the Calumnies imaginable wherewithall to asperse him Thus first they would have his Subjects believe than the removing of the Parliament to Oxford was an inâ—ustice not to be parallel'd whereas he that knows any thing cannot be ignorant how often Parliaments have formerly been summon'd to meet as well aâ— York Oxford and very many other places as at Westminster and that not out of any cause of Sickneâ—s or the like but meerly out of the Kings will and pleasure â—â— hath power by his Writs to assign their meeting when and where he pleaseth Nay so hellish was the malice of some 〈◊〉 these Commonwealths men that as Colledge himself confesses they would have made the Members believe his Majesty brought them thither to be Murthered a report so incredible and so barbarous that as the wise man laughs at it so every Loyal Subject abhors it That a Prince whose greatest error is his Clemency should draw upon himself the guilt of a whole Nations bloud But now as that appears a malicious story and is already confuted by its not happening so let us esteem of their Reports for the future Secondly these disaffected persons who are all descended from the right Forty one breed endeavouring to â—rect another perpetual Parliament insinuate into the Peoples ears how unnatural it is for the Government to go hopping upon one Leg whereby they mean the King as also that he ought to summon a Parliament whenever two or three of the Houshold of Faith desire him and then never dissolve them so long as any grievances are depending when if so they shall never be without some grievance or other to perpetuate their sitting how small soever and for this very reason although no man is a greater lover of Parliaments then my self that expedient seem'd to me of dangerous consequence which to fetter the Duke of York enabled the Parliament then in being to convene and fit six months after this Kings death since if they had not power to act as a Parliament they could do us no good and if they had then by virtue of the same power wherewith they pass'd other Acts they might also pass an Act to perpetuate themselves for frequent and not long Parliaments must render this Nation prosperous old Members being too apt to hunt soul after they have run many Chaces Thirdly and lastly these Malecontents encourage the most hainous Criminals and those who have more personally and particularly offended his Majesty to Petition the House of Commons thereby thinking either to force
the King as it were against his own inclinations to release such his Enemies or else to put him upon a necessity of disobliging the House by his denial and so on the contrary they too often excite them to Address themselves to his Majesty for the Removal of such Ministers who are chiefly in his favour as if it were a thing of that small concern to a Prince to sacrifice his most intimate Friends to whom he hath unbosomed his most secret Councels and who perhaps is so charged only for executing his Masters Precepts Alas let every man but make it his own Case and see how uneasie he should be to part with or give credit to any evil report against an old Friend Relation or Servant without some convincing undeniable proof made out against him Not but that such Addresses may be lawful and many times expedient also Ministers of State too often faulty Nevertheless such Votes and Petitions ought not to be rashly undertaken but first duly weigh'd and considered with the grounds and evidences against them and this more especially now since his Majesty hath been pleased to declare as he will not govern Arbitrarily himself so neither shall his Subjects one towards another Which puts me in mind of the story of the two Roman Embassadors Valerius and Horatius who being sent by the Decem-viri to the People to enquire of their grievances the People amongst other things complained of the Tyranny of the Decem-viri desiring to have them deliver'd up into their hands that they might burn them alive But the Embassadors not consenting to their demand replyed Crudelitatem damnatis incrudelitatem ruitis you condemn Cruelty and practise it your selves I do not find that the House of Commons was ever Petition'd till about the middle of Henry the seventh's Reign which Petition is inserted among the Statutes But though the Petition be directed to the House of Commons in its Title yet the Prayer of the Petition is turn'd to the King and not to the Commons The Petition begins thus To the Right Worshipful Commons in this present Parliament assembled Shews to your discreet wisdoms the Wardens of the Fellowship of the Craft of Vpholsterers within London c. But the conclusion is Therefore may it please the Kings Highness by the Advice of the Lords Spiritual and Temporal and his Commons in Parliament c. Again I find many Examples to prove that though the cognizance and debating of great State-affairs belong to the High Court of Parliament yet heretofore the Lords have oftentimes transmitted such business to the Kings Privy-Council amongst others let this suffice When one Mortimer who stiled himself Captain Mendall otherwise called Jack Cade came with a 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 But to conclude this point the difference between King and Parliament is that the one represents God the other the People the Consultative power by the Kings permission is in Parliament but the Commanding power remains inseparable in him the results and productions of Parliaments at best are but Bills 't is the Kings breath makes them Laws which are till then but dead things they are like Matches unfired 't is the King that gives them Life and Light The Lords advise the Commons consent but the King ordains they mould the Bills but the King makes them Laws Having thus now sufficiently vindicated our most Royal Soveraign against all the malicious aspersions of his Enemies who would falsly and treacherously charge the best-natur'd Prince under Heaven with having a design to introduce an Arbitrary Government here amongst us give me leave in the next place to speak to their no less Devillish and wicked Reproach of his being a Papist which these Traytors cast upon him in Revenge to alienate were such a thing possible the hearts and affections of his Loyal Subjects from that Duty and Allegiance they owe to him They first pretended his Majesty to be in a Plot against his own Life and now because that seems too ridiculous they give out that whereas there were two parts of the Popish Plot the one to introduce Popery the other to kill the King his Majesty was made acquainted only with the former part of it viz the introducing of Popery and not with his own death But here let any Rational man consider for what end they should design to take off the King unless it were that he would not aid and assist them in bringing in the Popish Religion into this Kingdom for if he were as these men say privy and assisting to their Plot of subverting the Government for what purpose should they then conspire against his Person we must therefore either suspend our belief of the one or the other at least Secondly in favour to the Popish Party they would make the world believe that in an unnatural manner his Majesty should for his Royal Brothers sake consent to the destruction of his own natural Son the D. of M. and accordingly possess his Grace with an opinion that he was sent into Flanders on purpose to be destroyed hoping by this means to set the Son against his Father and render him like that worst of Men Darius who together with Fifty of his Bastard Brethren Plotted against the Life of his most Indulgent Father Artaxeâ—xes that good King of Persia in which Conspiracy as the Historian says it was prodigious that in so great a Number Parricide could not only be contracted but concealed and that amongst Fifty of his Children there was not one found whom neither the Majesty of a King nor the reverence of an Ancient man nor the Indulgency of so good a Father could recall from so horrible an Act. Justin lib. 10. We read how Themistocles used to say That such men as He resembled Oaks to whom men come for shelter when they have need of them in Rain and desire to be protected by their Boughs But when it is fair they come to them to strip and peel them Aelian lib. 9. ch 18. In the same manner do the Brotherhood by the D. of M. make all their present Applications to him as thinking him a fit Pole to support those helpless Hops and the only person of whom for Quality and Courage they may make use as a General against a Popish Successor they make him the Claw to take the Chesnut out of the Fire which being done they will as ignominiously cashier him their design being undoubtedly to erect a Geneva Republick and no other Nay did they yet intend a Monarchy their malice would after such a Rebellion reject him even for his Royal Fathers sake Therefore as his Grace must draw his Virtue from His Bloud so I doubt not but e're long to hear the fatted Calf is kill'd especially since he is blessed with so merciful a King and so indulgent a Father But thirdly Another Argument which