duty to study the welfare to complain of the grievances and havâ— the defects supplyed of that place foâ— which he served The Bourgesse of 〈◊〉 studied to find out something that moughâ— have aduanced the trade of Fishing He 〈◊〉 Norwich what mought have advantage the making of Stuffs He of Rye what might preserve their Harbour from being choaked up with shelfs of sands He of Taverston what might have further'd the manufacture of Kersies He of Suffolk what conduced to the benefit of cloathing the Burgesses of Cornwal what belong'd to their Stanneries and in doing this they thought to have complyed with the obligation and discharg'd the conscience of honest men without soaring to things above their reach and roving at random to treat of Universals to pry into Arcana Imperii and bring Religion to the Bar the one belonging to the chief Governour and his intern Councel of State the other to Divines who according to the erymology of the Word use to be conversant and imploy their Talent in the exercise and speculations of holy and heavenly things Polyander I am clearly of your opinion touching the two last particulars for Secrecy being the Soul of Policy matters of State should be communicated to the cognizance and deliberations of few viz. the Governor in Chief and his Privy Councel And touching Religion I do not see humbly under favour how it may quadrat with the calling of Laymen to determine matters of Divinity and discusse points of Faith But though the establishment of the House of Commons be a wholesome thing in it self I heard it censur'd beyond the Sea that there is a great incongruity in one particular which is thaâ— the Burgesses are more in number then the Knights of Shires for the Knights 〈◊〉 Shires are commonly Gentlemen weâ— born and bred and divers of them verseâ— in forraign governments as well as the Lawâ— of the Land But the Burgesses of Townâ— are for the most part all Trades-men and being bred in Corporations they are more inclining to popular governmenâ— and democracy Now these exceeding thâ—Knights in number carry all before then by plurality of voices and so puzzle the proceedings of matters But now thaâ— I have mentioned Corporations I must 〈◊〉 you that the greatest soloecism in the policâ— of this State is the number of them specially this monstrous City which is composed of nothing else but Corporations which smell ranck of little Republiques 〈◊〉 Hanses and it was a great errour in the last two Kings to suffer this Town to spreaâ— her wings so wide for she bears no proportion with the bignesse of the Island but may fit a Kingdom thrice as spacious she ingrosseth and dreins all the wealth of the Land so that I cannot compare England more properly then to a Cremona Goose in Italy where they have a way to fatten onely the heart of the Goose but in doing so they make the rest of the whole body grow leanand lank And as it was an errour so to suffer her to Monopolize the trade and riches of the land so it was in letting her gather so much strength in exercise of arms by suffering her to have such an Artillery garden and Military yard which makes me think on a speech of Count Gondamar the Spanish Embassadour who being invited by the King to see a Muster of the Citizens in St. Jame's Fields after they were gone he was ask'd by the King how hee lik'd his Citizens of Londons Truly Sir said he I have seen a company of goodly able men with great store of good arms but Sir I fear that these men will do you a mischief one day for the conceit wherewith they may be puffed up for the knowledge they have in handling their Arms may heighten their spirits too much and make them insolent My Master the King of Spain though there breaths in his Court well neer as many Souls as there are in London and though he be in perpetual War with some or other yet iâ— his Court he is so peaceable that one shall see no sign of War at all hee suffers not any armed men to strut under his nose there is neither Artillery Garden or Military yard there at all but onely a feâ— Partisians that guard his body therefore as I said before these men may do you Majesty an ill turn one day and whether Gondamar was a Prophet herein or no judge you But I pray Sir be pleased to dispense with me for these interruptions give to your former discourse touching Parliaments Philanglus Having formerly spoken something of the Original duty and power of the Great Councel of the Kingdom with the Primitive institution of the House of Commons I will proceed now to that grand question Where the Supream Legislative Power resides Certainly if we examine the Writs of Summons for both Houses with the Bodies and Titles of our ancient Acts of Parliament we shall find the Supremacy and power of making Laws to rest in the King or Governour in chief Now when the Parliament is stiled the Supream Court it must be understood properly of the King sitting in the house of Peers in person and but improperly of the Lords without him It is granted that the consultative directive or deliberativâ— paâ—er is in the House of Peers the performing and consenting power in the house of Commons but the Legislative powers lodgeth in the person of the King for Parliaments are but his productions they derive their being from the breath of his Writs He as Sir Edward Cook doth positively affirm is Capâ—t Principum finis He is the head he is the beginning and ending the Alpha and Omega of Parliaments Polâ—ander But some affirm that the legislative power is in the two Houses and that they are above the King Philanglus The difference 'twixt the King or Supream Magistrate and the Parliament is this that the one represents God the other the people 'T is true as I said before the consultative power is in Parliament and 't is but by the Kings permission the commanding power resides stil in the chief Governor and is inseparable from him the results and productions of Parliament at best are but Bills 't is the Kings breath makes them Laws till then they are but dead things they are like matches unfired 't is the King that gives life and light unto them The Lords advise the Commons consenâ— but the King ordains they mould the Bills but the King makes them Laws therefore they are ever after called the Kings Laws the Kings Judgments The Lords c. have the Indicatif part but the King the Imperatif the liberties also of the people flow all from him for Magna Charta begins thus Henry by the grace of God Know ye that We of our meer and free will have given these liberties in the self same stile runs Charta de foresta The Statute of Marlborough 52. Henry the third runs thus The King hath made these Acts Ordinances and Statutes which
all the marks of Majesty nay they did arrogate to themselves the Legislative and Supreme power Polyander But doth not the Supreme Power reside â—n the English Parlement which is an Epiâ—ome and Representative of the whole Nation Philanglus I will not resolve you in that till I acquaint you with the Pedigree primitive institution of Parlement which I will endeavour to do as succinctly as I can but in regard that our Parlement was erected at first in imitation of the Assembly of the three Estates in France in which Government you are so well vers'd I pray do me the favour as give me a touch of the mode of France in those publick Assemblies and then I shall apply my self to satisfie you touching English Irish and Scots Parlements having in some measure studied the case Polyander In France the Kings Writ goeth to the Bayliffs Seneschals or Stewards of liberties who issue out warrants to all such ashave fees and lands within their Liberties as also to all Towns requiring all such as have any complaints to meet in the principal City there to choose Delegats in the name of the Province to be present at the generall Assembly Being met at the principal City of the Bayliwick the Kings Writ is read and so the Delegates are elected and sworn Then they consult what is to be complained of and fit to be proposed to the King whereof there is an Index or Catalogue made which is delivered to the Delegats to carry to the General Assembly All the Bayliwicks are divided to twelve Classes but to avoid confusion and to the end there may not be too great a delay in the Assembly by gathering of the voyces or suffrages every Classis compiles a brief or Book of the grievances and demands of all the Bayliwicks within that Classis then these Classes at the Assembly compose one general Book of the grievances and demands of the whole Kingdome This being the order of the proceeding of the Comminalty or third Estate the like order is observed by the Clergy and Nobility so when the three books or Cahiers as they call them for the three Estates are perfected then they present them to the King by their Presidents in the open great Assemby The first who presents the Cahiers is the President of the Clergy who begins his Harang or Oration on his knees but at the Kings command he stands up and â—o proceeds bareheaded The President â—or the Nobility speaks next in the like manner But the President for the Commons begins and ends his Oration on his knees whilst the President of the Clergy speaks the rest of that order rise up stand bare till they are bid by the King to sit down and be covered and so the like for the Nobility but whilst the President for the Comminalty speaks the rest are neither bid to fit or to be covered The grievances and demands being thus all delivered at once and left to the King and his Privy Councel without further debate or expence of time the General Assembly of the three Estates endeth expecting afterwards such a redresse to their grievances as the King and his Councel shall think fit Philanglus These proceedings of France are not much unlike the ancient usage of this Kingdome for many ages when all Laws were nothing else but the Kings answers to the Petitions presented to him and his Councel as is apparent by many old Statutes and the confession of Sir Edwarâ— Coke and now to acquit my self of my former engagement unto you I will impart unto you the manner and power oâ— the Parlements of Great Brittain and Ireland I confesse 't is more properly the businesse of a Lawyer which I am none otherwise then what nature hath madâ— me so every man is a Lawyer and 〈◊〉 Logitian also who was the first Lawyer as he is born the child of reason foâ— Law and Logic are meerly founded upon reason This discoursive faculty of Reason comes with us into the world accompanied with certain general notions and natural principles to distinguish right from wrong and falshood from truth But before I come to the English Parlement a word or two of the Parlementâ— of Scotland and Ireland In Scotland about three weeks before the Parlement begins Proclamation is made throughout the Kingdome to deliver unto the Kings Clerk or Master of the Rols all bils to be exhibited that Sessions then are they brought to the King and perused by him and only such as he allows are put in the Chancelors hand to be proponed in Parliament and no others and if any man in Parlement speak of any other matter then is formerly allowed by the King the Chancelor tels him there is no such bill allowed by the King When they have passed them for laws they are presented to the King who with the Scepter put into his hand by the Chancelor ratifies them but if there be any thing the King mislikes they raze it out before The Parlement in Ireland is after this manner No Parlement is to be held but at such a season as the Kings Deputy there doth certifie the King under the Great Seal of the land of the causes considerations and necessity of a Parlement The causes being approved of by the King a Licence is sent under the broad Seal of England to summon a Parlement in Ireland provided that all such bils that shall be proposed there in Parlement be first transmitted hither under the Great Seal of that Kingdome and having received allowance and approbation here they shall be put under the Great Seal of this Kingdome and so return'd thither to be passed in that Parlement this was called Poinings Act in the time of King Philip and Mary Having thus given a concise account of the usage of Parlement in our neighbour Kingdomes I will now passe to that of England Every Freeholder who hath a voice in the election of Knights Citizens and Burgesses to sit in Parlement ought to know well and consider with what power he trusts those whom he chooseth in regard the power of the House of Commons is derived from that trust Now that which gives authoritie for the Freeholders to make their election is the Kings Writ directed to the Sheriff of the County in which is expressed not only the Sheriffs duty in point of summoning but the Writ contains also the duty and power of such Knights and Burgesses that shall be elected therefore to know the full extent of the power of Parlement you must have an eye and observe well the words of the Writ for the Freeholders cannot transfer a greater power then is compriz'd in the Writ to those that they appoint their servants in Parlement The Writ being us'd to be in Latin few Freeholders God wot understood it or knew what they did I will faithfully render the said Writ to you in English The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Council for
Knights was framed first the Bâ—rons onely made the Parliament or Commoâ— Council of the Kingdom Polyander By so many strong evidences and prenant proofs which you produce I find it to be a â—â—ridian truth that the Commoners were no part of the High Court of Parliament in ages passed Moreover I find in an ancient Manuscript that the Commons were reduced to a House by the advice of the Bishops to the King in the brunt of the Barons Wars that they might allay and lesson the power of the Peers who bandied so many yeers against the Crown yet to prevent that they should not arrogate too much authority to themselves as Asperius nihil est humili cum surgit in altum it was done with those cautions thâ—â— they had scarce as much jurisdiction given them as a Pyepowders Court hath for they should neither exhibit an oath nor impose fine or inflict punishment upon any but their own members or be a Court of Record or grant Proxies therefore it may well be a quere how they can appoint Committees considering that those Committee-men whom they choose are no other then their Deputies and act by power and proxy from them But it is as cleer as the Sun that the Conquerour first brought this word Parliament with him being a French Word and made it free Denizon of England being not known before for therein the Normans did imitate the Romans whose practise was that wheresoever they conquered they brought in their language with the Lance as a mark of conquest I say that besides those instances you produce I could furnish you with many in the Saxons times who govern'd by the councel of the Prelates and Peers not admitting the Commons to any communication in affairs of State There are records hereof above a thousand yeer old in the Reign of King I a Offa and Ethelbert and the rest of the seven Kings during the Heptarchy They called their great Councels and Conventions then Michael Smoth Michael Gemote and Witenage Mote wherein the King and Nobles with the Bishops onely met and made laws that famous Convention at Gratley by King Athelstan was compose'd onely of Lords spiritual and temporal such also was that so much celebrated Assembly held by Canutus the Dane who was King of England Denmark and Norway Edward the Confessor established all his Laws thus and he was a great Legislator The British Kings also who retain'd a great while some part of this Island unconquered governed and made laws this way by the sole advice of their Nobles whom they call Arglwyded witnesse the famous Laws of Prince Howel called Howel Dha the good King Howel whereof there are yet extant some Welch records and divers of those Laws were made use of at the compilement of Magna Charea But in your discourse before among other Parliaments in Henry the third's time you make mention of one that was held in 55 of his reign at Marlbourough at which time Braston the great Lawyer was in high request being Lord Chief Justice They that would extenuate the Royal Prerâ—gative insist much upon a speech of his wherein he saith The King hath a Superiour God he hath also the Law by which he is made as also the Court viz. the Earls and Barons but not a word of the Commons But afterwards he doth interpret or rather correct himself when speaking of the King hee resolves thus Nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat emenâ—et cùm superiorem non habeat nisi Deum satis erit ei ad poenam quòd Dominum expectet ultorem Nor saith he can any man put a necessity upon the King to correct and amend his injury unlesse he wil himself since he hath no Superior but God It will be sufficient punishment for him to expect the Lord for his avenge To preserve the honour of this great Judge the Lawyers found out this distinction That the King is free from the coerâ—ive power of Laws and Councellors but he may be subject to their directive power yet according to his own will and inclination that is God can onely compel or command him but the Law and his Courts may onely advise and direct him but I pray Sir excuse me that I have so much interrupted you in your discourse You may please now to proceed Philanglus To prove my assertion further that the Commons were no part of the high Court and Common Councel of England I will make use of the testimony of Mr. Pryn who was in such high repute most part of the late long Parliament and appeared so eageâ— for the priviledge and power of the lower House In his Book of Treachery and disloyalty he proves that before the Norman Conquest by the Laws of Edward the Confessor the King was to do Justice by the Councel of the Nobles of his Realm he would also prove that the Earls and Barons are above the King and ought to Bridle him when he exorbitates from the law but not a syllable of the Commons He further tels us that the Peers and Prelates have oft translated the Crown from the right Heir whereof out of his great reading he urgeth divers Examples First after King Edgars decease they crowned Edward who was illegitimate and put by Ethelred the right Heir Then they crowned Canutus a meer forraigner in opposition to Edmund the lawful Heir to Ethelred Harold and Hardicanute were both elected Kings successively without just title the Lords putting by Edmund and Alfred the rightful Heirs Upon the death of Herold the English Nobility enacted that none of the Danish blood should raign any more over them Edgar Atheling was rejected by the Lords and though he had the best title yet they elected Harold He goes on further in prejudice of the Commons saying that the beginning of the Charter of Henry the first is observable which runs thus Henry by the Grace of God King of England c. Know ye that by the mercy of God and Common Council of the Barons of the Kingdom I am crowned King Mawd the Empress was the right heir but she was put by the Crown by the Prelates and Barons and Steven Earle of Mortmain who had no good title was heav'd up into the Throne by the Bishops and Peers Lewis of France was Crowned King also by the Barons instead of King John and by the same Barons was uncrowned and sent back to France In all these high transactions and changes Mr. Pryn confesseth the Commoners had nothing to do the despotical and ruling power as well as the consultative being in the Council of Prelates and Peers and if Mr. Pryn could have found halfe so much Antiquity for the Knights Citizens and Bourgesses without question we should have heard from him with a witness but while he converseth with Elder times he meets not with so much as the names of Commoners in any record Polyander How then came the Commoners to sway so much
he willeth to be observed of all his subjects high and low 3. Edwardi primi the title of the Statute is These are the Acts of King Edward and after it it follows The King hath ordained these Acts the first chapter begins The King forbiddeth and commandeth that none do hurt damage or grievance to any religious man or person of the Church and in the 13. chapter The King prohibitetâ—s that none do ravish or take away by force any Maid within age 6. Edward the first it is said our Soveraign Lord the King hath Established the Acts commanding they be observed within this Realm and in the 14. chap. the words are The King of his special grace granteth that the Citizens of London shall recover in an Assize damage with the land The Statute of Westmin 2. saith Our Lord the King hath ordained that the Will of the Giver be observed and in the 3. chapter Our Lord the King hath ordained that a woman after the death of her husband shal recover by writ of Entry The Statute of Quo Warranto saith Our Lord the King at his Parliament of his special grace and for affection which he beareth to his Prelates Earls and Barons and others hath granted that they who have liberties by prescription shall enjoy them In the Statute De finibus lâ—vatis the Kings words are We intending to provide remedy in our Parliament have ordained c. 28. Edward the first The King wills that the Chancellour and the Justices of the Bench shall follow him so that he may at all time have some neer unto him that be learned in the Laws And in the 24. chapter the words are our Lord the King after full conference and debate had with his Earles Barons and Nobles by that consent hath ordâ—ined The Statâ—â—e de Tallagio speaks in the Kings person no Officer of ours no â—allage shall be taken by us We will and 〈◊〉 1. Edward the second begins thus Our Lord the King willeth and commandeth The Statute of the 9. of the same King saith Our Lord the King by the assent of the Prelates Earls and other great States hath ordained The Statute of Carlile saith We have sent our command in writing firmly to be observed 1. Edwardâ— 3. begins thus King Edward the third At the request of the Comminalty by their Petition before him and his Council in Parliament hath granted c. And in the 5. chapter The King willeth that no man be charged to arm himself otherwise then he was wont 5. Edward the third Our Lord the King at the request of his people hath establâ—shâ—d these things which he wills to be kept 9. Of the same King there is this title Our Lord the King by the assent and advice of his Councel being there hath ordain'd c. In the 10 year of the same King it is said Because our Lord the King hath receiv'd by the complaints of the Earls Barons also at the shewing of the Knights of the Shires and the Commons bytheir Petition in his Parliament c. hath ordain'd by the assent and at the request of the said Knights and Commons c. But very remarkable is that of 22 of Edward the third where it is said The King makes the laws by the assent of Peers and Commons and not the Peers and Commons The Statute of â—Ric â— hath this beginning Richard the second by the assent of the Prelates Dukes Earls and Barons and at the instance and special request of the Commons hath Ordained As for the Parliaments in Henry the fourth Henry the fifth Henry the sixth Edward the fourth and Richard the thirds Reign most of them do all agree in this one title Our Lord the King by the advice and assent of his Lords and at the special instance and request of the Commons Hath Ordained The Statutes in Henry the seventh days do for the most part agree both in the Titles and Bodies of the Acts in these words The King by the assent of the Lords spiritual and Temporal and the Commons 〈◊〉 Parliament assembled hath Ordained But very remarkable it is That the House of Commons was never Petitioned unto till Henry the sevenths reign and 〈◊〉 was about the middle thereof which Petition is inserted among the Statutes but though the Petition be directed to the House of Commons in point of Title yet the Prayer of the Petition is turn'd to the King and not to the Commons The Petition begins thus To the right Worshipful Commons in this present Parliament assembled shews to your discreet wisdoms the Wardens of the Fellowship of the Craft of Upholsters within London c But the conclusion is Therefore it may please the Kings Highnesse by the advice of the Lords Spiritual and Temporal and his Common iâ—â— Parliament c. Thus it appears that in our fore-fathers days it was punctually expressed in all laws that the Statutes and Ordinances were made by the King And withall it is visible by what degrees the stiles and titles of Acts of Parliament have been varied and to whose advantage The higher we look the more absolute we find the power of Kings in ordaininâ— laws nor do we meet with at first so much as the assent or advice of the Lords mentioned Nay if one cast hiâ— eye upon many Statutes of those that be of most antiquity they will appear to be no other things but the Kings pleasure to whom the punishments of most offences were left The punitive part which is the chiefest vigour of the Law we find committed by the Statutes themselves to the Kings meer wil and pleasure as if there were no other law at all witnesse these precedents 3. Edward the first the ninth Chapter saith That Sheriffs Coronets and Bayliffs for concealing of Felonies shall make grierous fines at the Kings pleasure Such as shall be found culpable of ravishing of women shall fine at the Kings pleasure The penalty for detaining a Prisoner that is mainpernable is a fine at the Kings pleasure Offenders in Parks or Ponds shall make fines at the Kings pleasure Committers of Champarty and Extortioners are to be punished at the Kings pleasure Purveyors not paying for what they take shall be grievously punished at the Kings pleasure The King shall punish grievously the Sheriff and him who maintains quarrels Taker away of Nuns from Religious houses to be fined at the Kings Will If a Goldsmith be attainted for not assaying touching and working vessels of Gold he shall be punished at the Kings pleasure There is a notable saying declar'd in the 8. yeer of Henry the fourth viz. potestas principâ—s non est inclusa legibus the Power of the Prince is not curb'd by law In the 2. yeer of Henry the fifth there was a Law made wherein there is a clause that it is the Kings Regality to grant or deny such Petitions as he please 6. Henry the sixth an Ordinance was made to induâ—e as long as it should please the King
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
propound unto you that some sit persons may bâ—e by you inabled to treat with the like number to be authorized by us in sâ—ch a manner and with such freedoâ—e of dâ—bate as may best tend to that happy coâ—clusion which â—ll good people desire viz. The Peace of the Kingdom wherein as we promise in the 〈◊〉 of a King all saâ—ety and â—ncouragement to them who shall be sent unto uâ— if ye wâ—ll chuse the place we are to meet for the TREATY which we wholly leâ—ve unto you presuming the like care of the safety of those wee shall employ if you shall name another place So we assure you and all our good Subjects that to the best of our understanding nothing shall be wanting on our pâ—rt which may advance the true Reformed Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well our just Prerogative as the propriety and liberty of the Subject confirm all just power and priviledges of Parl and render us a people truly happy by a true understanding 'twixt us and our great Council bring with you as firm a resolution to do your duty and let our people join with us in prayer to Almighty God for his blessing upon this work If this Proposition be rejected by you wâ—e have done our duty so amply that God will absolve us from the guilt of any of that blood which shall be spilt And whatsoever opinion other men may hâ—ve of our power we assure you that nothing but our pious and Christian care to prevent the effusion of bloud hath begot this motion in us Our provisioâ— of men Armies and Money being such as may secure us from violence till it please God â—o open the Eyes of our people Polyâ—ndâ—r What impression did thiâ— Letter make for it promis'd much Philanglus It made little or none at all though it was all written with the Kings own hand for the Parliament was formerly nettled at a Declaration he had sent when having made â— motion to go himselfe in person to suppress the Irish Rebels which attempt the Scots approved of and highly applauded but being not liked by the English Parliament he replied unto them to this effect When we recommended the reductâ—on of Ireland to you we intended not to exclude our Self or not to be concernd in your Councils but that if there were any expedient which in our Conscience and understanding we thought necessary for that great work we might put it in practise We look upon you as our great Council whose advice we always have and will with great regard and deliberation weigh and consider of but we look upon our Self as neither depriv'd of our understanding or devested of any right we had were there no Parliament at all sitting We call'd you together by our our own Royal Writ and authority without which you could not have met to give us faithful Counsel about our great affairs but we resigned not hereby our interest and freedom we never subjected our Self to your absolute determination we have alwayes weighed your Counsel as from a body intrusted by us and when we have dissented from you we have returned you the reasons which had prevailed with ouâ— understanding and conscience and with such candor that a Prince should use towards his Subjects and with that affection a Father should express to his Children What applications have been used to rectifie our understanding by reasons and what motives have been given by you to perswade our affections we leave the world to judge Moreover we must not forget to tell you however a major part may blind you in matter of opinion We hold our selfe and we are sure the Laws and constitutions of the Kingdom hath always held the same as free to dissent till our reason be convinced for the general good as if you delivered no opinion When we summoned you first together we did not intend to put the reins of all Rule and Reason into your hands and by a kind of blind bruitish formality and unprincely simpleness to assent to every thing without examining our own Conscience and judgement which yet never pleased us more then when they concurr'd with yours This were to bring us back to a nonage now that we are come long since to the perfect growth of discretion you must not think to take from us the Mastery and use of our innated reason and the dictates of our own conscience or that we will raise a Tempest at home within our brest to calm a storm abroad In fine we called you together to propound not to give Law to be our Counsellors not our Controllers for Counsel degenerates from the nature of Counsel wâ—en t is coercive Nor shall we ever enfeeble our regal power or suffer it to be invaded so far as to give way that any Ordinance or Omnipotency of Votes shall be able to suspend an Act already in force without our assent To conclude as we firmly resolve to make the Law the measure of our actions so we expect it should be also the Rule of your obedience and deliberations and that the result of all your Counsels be derived from it Polyander This was home and high but what answer did the Parliament make to the former letter from Notingham Philanglus The noble Personages who carried that Letter were looked upon with an ill aspect by the Parliament yet an answer was returned containing this proposal That the King woâ—ld revoke and annul in the first place those Proclamations and oâ—her publique instruments whereby their Adherents were declared Traytors uâ—der which notion 't was neither honourable for his Maâ—esty to tâ—eat with them nor were they capable to treat with Him Polyander This Doctrine I believe they had learnt of the Scot but what did the King reply Philanglus He sent word that he was willing so to do provided that the Parliament would recal likewise their Votes Orders or Ordinances passed against such whom they declared Delinquents for adhering to the King according to the clear known Law of the Land in the reign of Hen. 7. which was that nâ—ne should be molested or questioned for adhering unto or assisting the Royal person of the King This the King desir'd by way of reciprocal correspondence but it being denied those overtures for a Treaty came to nothing so the Parliaments Army begin to advance and the Kings did daily increase Thereupon the Lords that were about the person of the King whereof there were above threescore made this publick Manifesto WE do ingage our selves not to obey any Orders or Commands whatsoever that are not warranted by the known Laws of the Land We ingage our selves and fortunes to defend your Majesties Person Crown and Dignity with your just and legal Prerogatives against all persons and power whatsoever We will defend the Religion established by the Law of the Land the lawfull Liberties of the Subjects of England with the just priviledges of your Majesty and the
to support it self and not only to protect but to awe the people Aristotle in his Politicks speaks of sundrie species of Governments he writes of Monarchy Aristocracy Democracy Oligarchy and Sâ—ratocracy as the Greek tongue hath a faculty above all others in compounding names for things but he is irresolut to determin what Aristocracies are truly perfect he hath only this one positive assertion that Aristocracy allowes no Aritificer to be a Citizen or Counsellor Much of his discourse is of the first Founders of Common-wealths as Phaleas of the Chalcedonian Hippodamas of the Milesian Lycurgus of the Lacedemonian Minos of the Cretan and Solon of the Athenian then he proceeds to correct the errors of Common-wealths before he tels us what a Common-wealth is which is under favour an irregularity in method In his first book he speaks only of the parts of a City or Common-weal but he tels us not what they are til he comes to his third Book where in handling the kinds of Government in generall he flies backward and forward in a disorderly way but when he comes to treat of particular forms he is full of contradiction and confusion in some places he seems to deny any natural right and publick interest much more any underived Majesty in the people whom he saith to be little inferiour to beasts whereas elsewhere he affordeth a liberty to every City to set up either by force or cunning what government they please which in effect is to allow men to doe what they list if they be able But at last he confesses that after Kings were given over in Greece Common-wealths were made of them who waged warre and that all power was summ'd up in the Government of an Army which is pure Stratocracy or Military Government Philanglus We cannot blame this great Philosopher to rove herein up and down it being impossible for any humane brain to prescribe any certain and infallible universal rules of Government that may quadrat with the nature of all climes and be applicable to the humors of all people all other Arts and Sciences have apodictical and undenyable principles but the Art of Government hath no such Maximes the reason is the various dispositions of people and a thousand sorts of contingencies that attend worldly affairs it is you better know then I one of the main principles of policy in France to keep the peasan which is the grosse of the people still indigent and poor because they are of such a volatil instable nature that if they were rich and fed high wealth and wantonesse would make them ever and anon to be kicking against Government and crying out for a change whereas this principle of policy is held to be a paradox in Spain and other Countreys Some Nations are so firy mouth'd that they must be rid with a bit if not a Martinghal but a snaffle will serve others nor are the same laws fit for the Continent that are proper for an Island nor those of a Maritim Continent fit for a Mediterranean Countrey Polyander I concur with you there is no Art so difficult and fuller of incertainties as Hominem homini imperare as the art for man to govern man which made one of the deepest Statesmen these modern times afforded to confesse that though he had served so many Apprentiships and been a Journeyman so long in this Art and reputed a Master yet he found himself still a Novice For State affairs as all sublunary things are subject to alteration the wisdome of one day may be the foolishnesse of another and the week following may be Schoolmistress to the week before in point of experience which is the great Looking-glass of Wisdome and Policy Therefore whereas Aristotle useth to be constant to himself in all other Sciences while he displayes the operations and works of Nature when he comes to treat of humane government he is not only often at a losse and inconstant to himself but he involves both himself and the Reader in ambiguities Philanglus I am of opinion that there is in policy but one true Vniversal Maxime which is as you said before to have alwayes a standing visible effectif power in being as well to preserve as to curb a people and it is very fitting they should pay for their protection it being a rule all the world over and grounded upon good reason Defend me and spend me Polyander It is so indeed every where how willing is our confederat the Hollander so he be protected in his trade to part with any thing to pay tols for what he hath either for back or belly he is content to pay for all beasts sold in the Market the twelf part for Excise six shillings upon every Tun of Beer two stivers a week for every milch Cow six pence upon every bushel of Wheat and so upon all other commodities The States of Italy do more in Florence and the Republick of Venice which hath continued longest and with least change in point of Government of any Country upon earth ther 's not a grain of Corn not a glassefull of Wine Oyl Egges Birds Beasts Fish Fowl yea Grasse Salt and Sallets but pay a gabell for the common defence nay the Courtisans cannot make use of their own but they must contribut to maintain twelve Gallies But Sir now that I have been absent so long I pray be pleased to tell me something of the proceedings of the late long Parlement and of this mighty revolution for I find such a kind of transposition of all things in point of Government that England may be said to be but the Anagram of what she was Philanglus There is a periodical Fate that hangs over all Governments this of England may be said to have come to its Tropique to a posture of turning The people extreamly long'd for a Parlement and they had a long Parlement for it lasted longer then all the Parlements that ever were in England since the first institution of Parlements put them all together there was never such an Idol upon earth as that Parlement for people thought there was an inerring spirit tyed to the Speakers chair they pinn'd their salvation upon it it was held blasphemy and a sin against the holy Ghost to speak against it nay some gave out that that blessed Parlement was as necessary for our Refromation as the coming of Christ was for our Redemption such a sottish kind of infatuation had seiz'd upon some kind of people Polyander But what did that Parlement do tending to the publick Reformation Philanglus What did they doe They were like to undoe all things had they sate longer which they had done till doomesday had they been let alone and their Posteriors never aked 'T is true they were somewhat modest at first but by the lenity of a credulous easie King they did afterwards monstrous things They assumed to themselves all the Regalia's of the Crown they seiz'd upon Sword Great Seal and Soveraignty upon the Militia and
of late years and challenge such an interest in the publique Government and making of Laws Philanglus It is a certain truth that in former ages the Kings of England as well Saxons Danes Normans and English Kings did steer the course of their government by the advice of their own Privy Council and in extraordinary cases by the compasse of the great Council consisting onely of spiritual and secular Barons whom they convoked by royal summons when they pleased I told you this word Parliament came in with the Norman yet the Commons were not call'd to Parliament till that raign of Henry the first which was a good while after the Conquest to which purpose Sir Walter Raleigh writes saying it is held that the Kings of England had no formal Parliaments till about the 18. year of Henry the first at which time the Commons were summoned and the great Charter was granted and if we believe Sir Walter Raleigh and others the House of Commons and Magna Charta had first but obscure births being sprung from userpers and fostered afterward by rebellion for King Henry the first did but usurp the Kingdome and therefore to secure himself the better against Robert his eldest brother he courted the the Commons and granted them that great Charter with Charta de Foresta which King John confirmed upon the same grounds for he was also an usurper Arthur Duke of Britain being the undoubted Heir of the Crown so the house of Commons and these great Charters had their original from such that were Kings de facto not de jure Polyander It is observed that usurpers are commonly the best Law makers which they do to ingratiate themselvs the more to the people as besides these Kings you have named Richard the third did who was said to be a good King though a bad man a character clean contrary to that I heard some abroad give of the last King who they said was a good man but an ill King but I pray be pleased to proceed Philanglus Whereas I told you before that it was in the raign of Henry the first that the people were admitted to the Common Council of the Kingdome yet they were not constantly called for though the said King called them to his Coronation and againe in the 15. or 18. year of his reign yet he did not so alwayes neither many of those Kings that succeeded Polyander I remember to have read one remarkable passage in the reign of Henry the first that in his third year for the marriage of his daughter he raised a tax upon every hide of Land but he did this by the advice of his Privy Council alone without consulting publiquely with either Prelate Peer or People Philanglus So did divers of his Antecessors and successors also after the Commons were admitted to partake of the Common Council But to illustrate this point further notwithstanding that the Commons were sought unto in Henry the first's time yet they were not constantly and formally sent unto till Henry the third in whose reign the Writs of Summons for elections were first issued but the succeeding Kings assum'd a power to regulate those Writs at pleasure by the sole advice of their Privy Council as we read in the time of Henry the sixth who was the first framer of that famous Ordinance Whereas Elections of Knights have been made with great outrages and excessive number of people of which most part was people of no value yet pretend a voice equivolent to worthy Knights and Esquires whereby many riots manslaughter and division among Gentlemen shal likely be Our Lord the King hath ordain'd that Knight of Shires be chosen by people dwelling in the Counties every one of them having lands or tenements to the value of 40 s. per annum at least and that he who is chosen be dwelling and resiant within the Counties where they are elected Polyander But did not the Kings of England reserve a power to except against any that came to Parliament Philanglus Mr. Camden speaking of the dignities of Barons saith that it was ordained and decreed in the reign of Henry the third that all those Earls and Barons unto whom the King himself vouchsafed to direct his Writs of Summons should come to his Parliament and no others And this rule Edward the first constantly observed and continued for as Câ—mden hath it that prudent King summoned alwaies those of ancient families and who were most wise to his Parliament and omitted their sons after their death if they were not answerable to their fathers in understanding in another place he saith select men for wisedom and worth among the Gentry were called to Parliament and their posterity omitted if they were defective herein Polyander If the King hath a power to except against a Nobleman from sitting in Parliament sure by an argument à majori ad minus he may do it against a Commoner Philanglus It should be so in reason and Queen Elizabeth who was so great a darling of her people did practise her power that way often But the modesty of the House of Commons was very great in former times for they did arrogate no more power then what the Kings Writ gave them they evaded matters of State as much as they could 13. of Edward the third a Parliament was called to consult of the domestick quiet the defence of the marches of Scotland and security of the Seas from enemies the Commons were desired their advise herein but they humbly desired not to be put to consult of things Queuâ—ils n'ont pas cognisance Things whereof they had no cognâ—sance In 21. of the same King the Commons being mov'd for their advice touching a prosecution of a war with France by an elegant speech of Justice Thorp after four days consultation they answered That their humble desire to the King was that he would be advised thereâ—n by the Lords being of more experience then themselves in such affairs In the 6. year of Richard the second the Parliament was call'd to consult whether the King should go in person to resâ—â— the great City of Gaâ—nt or send an Army the Commons being askâ—d their advice the humbly answered by Sir Thomas â—uckerinâ— their Speaker that the Councils of Waâ— did more aptly belong to the King and 〈◊〉 Lords The next year after the Commoâ— are willed to advise of the Articles 〈◊〉 peace with France but they modestly eâ—cuse themselves as too weak to counsell in â— weighty matâ—ers And being charged agaiâ— as they did tender the repute of the County and right of their King the humbly deâ—ivered their opinions ratheâ— for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they declineâ— the agitation and cognizance of higâ— State affairs specially forraign humblâ— transferring them to their Soveraign anâ— his Vpper Council a Parliament maâ— then I mean a member of the Commons House thought to be the adequâ—â— object of his
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
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
simple deniall that one believes there are no such and such things but he must swear positively and point blank there are no such things at all Now though I am not of the same opinion with Copernicus that the Earth moves and the Sun stands still yet I wâ—ld be loth to swear either the one or the other Polyander I observe that this Oath hath a double edg for either it must wronâ— oâ—e's Conscience or ruine his fortunes besides he is condemn'd without either Accuser or Witness the party himself must be both against himself and what can be more repugnant to nature Philanglus It is not only opposit to the Law of Nature but the Common Law of England doth so abhor that any shold accuse and condemn himself that there were extraordinary provisions made against it by our Progenitors Therefore if any had bin cited in the Spirituall Court to accuse himself pro salute animae a Prohibition lay at the Common Law to stop and supersede their proceedings All which is humbly left to the consideration of the present Government Polyander I infer out of this that if the Presbyterian had established himself he had proved the ugliest tyrant that ever was on Gods Earth if you relate to Soul Body or goods in lieu of 26 Bishops we should have had nine thousand and odd Popâ—s who would have delivered us over tâ— Satan ever and anon and puzzeled us with their Parochial Congregational and National Classes But I cannot wonder enough that the House of Commons shold so busy themselves so much and undertake to frame and impose new Oaths when by the Law of the Land they hadâ— or â—ower as much as to administer an old Oath to the meanest Subject And touching that Câ—venaâ—t what could be more opposit unto their former Oath for therein they offered their Souls to preserve that Râ—ligion which was established by the Laws of â—ngland and in the Covenant they bind themâ—elves to conserve that which was established by the Laws of Scotland and to that purpose they may be said to offer to God for their security to Saâ—an Moreover those Demogogs or popular Dagons though they were so forward to constrain all other of their fellow Subjects to take and swallow up any Oaths yet two parts of three among themselves did not take them as I have been often told But Sir now that you have been pleased to inform me of their carriage in Spirituall things how did they comport themselves in Civill matters after they had monopolized unto themselves all power by the Act of Continuance Philâ—nglus First I must tell you that touching that monstrous Act the soundest Lawyers of the Kingdome were of opinion that it was of no validity that it was void in it self in regard that what grants or concessions soever the King makes the Law presupposeth they are alwayes made with these Proviso's Saâ—vo jâ—re Regio salvo jure Coronae now it was impossible that any grant could possibly trench more upon the Right of the King or Crown as that extravagant Act of Continuance therefore it was nâ—l in its own nature at the first nay as some affirmed the very Proposall of it was Treson in a high degree But having hooked the power thus into their hands they strained it up to the highest pitch that could be They made themselves Land-Lords of al the three Kingdoms it was a common thing to take any man house over his head and make use of it for their service They meddled with every thing so far that scarce a Church-warden or Vestry-man could be made without them they would have a hand in making common Counsel men and Constables with other petty Officers Polyander Me thinks that was somewhat derogatory to the supremacy of their power for great Counsels should not descend to every petty object but with their high authority they should enlarge their souls to consider of Universals Philanglus I could produce many Instances how they undervalued themselves this way but let this one suffice It happened one day that a company of ramping wenches who went under the name of Mayds or Holy Sisters came with a Remonstrance to shew their affections to the House and they were headed by Mrs. Ann Stagg who was to deliver the Remonstrance hereupon a choise member was voted to go to Mrs. Ann Staggs lodging to thank her and the râ—st of the maydens for their good affections to the Parliament c. But to be more serious with you touching civill matters whereof you gave a touch before there was nothing so Common in those times as a châ—rgâ— without an Accuser a sentence wâ—thout a Juâ—ge and condâ—mnation without hearing How many were outed of their freeholds liberty and livelihoods before any examination much leâ—se conviction how many appeals were made from solemne tribunalls of Justice to inferior Committes how common a thing was it to make an order of theirs to control aâ—d suspend the very fundamental Laws of the Land Polyander But this was in the brunt of the War which the King did necessitate them unto as he acknowledged in the Treaty at the Isle of Wight Philanglus 'T is true he did so but he did it upon two weighty considerations and as it had reference to two eâ—ds first to smoothen things thereby and pave the way to a happy peace Secondly that it might conduce to the further security of the two Houses of Parliament with their Adherents Besides he did it when the Razor was as it were at his throat when there was an Army of above 30000 effect if Horse and foot that were in â—otion against him Then this Acknowledgment was made with these two proviso's and reservations First that it shold be of no vertu and validity at all till the whole Treaty were totally consummated Secondly that he might when he pleased enlarge and cleer the truth hereof with the reservedness of his meaning by publique Declaration Moreover That Grant or Acknowledgment was but a preambular proposition it was not of the Essence of the Treaty it self Now as the Philosophers and School-men tell us there is no valid proof can be drawn out of Proems Introductions or Corollaries in any Science but out of the positive Assertions and body of the Text which is only argument-proof so in the Constitutions Laws of England as also in all civill accusations and charges fore-running Prefaces which commonly weak causes most want are not pleadable And though they use to be first in place like Gentlemen Ushers yet are they last in dignity and shold also be so in framings Therefore there was too much hast used by the Parliament to draw that Hypâ—thetic Provisional concession to the form of an Act so suddenly before the Treaty it self was fully concluded Polyander But who was the first Aggressor of that ugly War the King or the Parliament Philanglus I will not presume to determin that only I will inform you that the Parliament took the first Military gard
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