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A44747 The pre-eminance and pedigree of Parlement whereunto is added a vindication of some passages reflecting upon the author in a book call'd The popish royall favorite, pen'd and published by Mr. Prynne wherein he stiles him no frend [sic] to Parlements and a malignant, pag. 42 : with a clearing of som occurences in Spain at His Majesties being there, cited by the said Master Prynne out of the vocal forest / by J.H., Esq., one of the clerks of His Maiesties most honourable Privy-Councel. Howell, James, 1594?-1666.; Prynne, William, 1600-1669. Popish royall favourite. 1649 (1649) Wing H3107; ESTC R28696 11,947 24

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Claudius Caesar at which time as som well observe the Roman Ensigns and the Standard of Christ came in together It is well known what Laws the Roman had He had his Comitia which bore a resemblance with our Convention in Parlement the place of their meetings was called Praetorium and the Laws which they enacted Plebiscita The Saxon Conquest succeeded next which were the English ther being no name in Welsh or Irish for an Englishman but Saxon to this day They governed by Parlement though it were under other names as Michel Sinoth Michel Gemote and Witenage Mote Ther are Records above a thousand yeers old of these Parlements in the Raigns of King Ina Offa Ethelbert and the rest of the seven Kings during the Heptarchy The British Kings also who retain'd a great while som part of the Isle unconquered governed and made Laws by a kind of Parlementary way witness the famous Laws of Prince Howel called Howel Dha the good Prince Howel wherof ther are yet extant som Welsh Records Parlements were also used after the Heptarchy by King Kenulphus Alphred and others witness that renowned Parlement held at Grately by King Athelstan The third Conquest was by the Danes and they govern'd also by such general Assemblies as they do to this day witness that great and so much celebrated Parlement held by that mighty Monarch Canutus who was King of England Denmark Norway and other Regions 150 yeers before the compiling of Magna Charta and this the learned in the Laws do hold to be one of the specialest and most authentic peeces of Antiquity we have extant Edward the Confessor made all his Laws thus and he was a great Legis-lator which the Norman Conquerour who liking none of his sons made God Almighty his heir bequeathing unto him this Island for a Legacy did ratifie and establish and digested them into one entire methodical Systeme which being violated by Rufus who came to such a disastrous end as to be shot to death in lieu of a Buck for his sacriledges were restor'd by Henry the first and so they continued in force till King John whose raign is renowned for first confirming Magna Charta the foundation of our Liberties ever since Which may be compar'd to divers Outlandish Graffs set upon one English stock or to a Posie of sundry fragrant Flowers for the choisest of the British the Roman Saxon Danish and Norman Laws being cull'd and pick'd out and gathered as it were into one bundle out of them the foresaid grand Charter was extracted And the establishment of this great Charter was the work of a Parlement Nor are the Laws of this Island onely and the freedom of the Subject conserved by Parlement but al the best policed Countryes of Europ have the like The Germanes have their Diets the Danes and Swedes the Riicks Dachs the Spaniard calls his Parlement Las Cortes and the French have or should have at least their Assembly of three States though it be grown now in a manner obsolete because the Authority therof was by accident devolv'd to the King And very remarkable it is how this hapned forwhen the English had taken such large sooting in most parts of France having advanced as far as Orleans and driven their then King Charls the seventh to Bourges in Berry the Assembly of the three States in these pressures being not able to meet after the usual manner in full Parlement because the Country was unpassable the enemy having made such firm invasions up and down through the very bowels of the Kingdom that power which formerly was inherent in the Parlementary Assembly of making Laws of assessing the Subject with Taxes subsidiary levies and other impositions was transmitted to the King during the VVar which continuing many yeers that intrusted power by length of time grew as it were habitual in him and could never after be re-assumed and taken from him so that ever since his Edicts countervail Acts of Parlement And that which made the busines more seasable for the King was that the burthen fell most upon the Communalty the Clergy and Nobility not feeling the weight of it who were willing to see the Peasan pull'd down a little because not many yeers before in that notable Rebellion call'd La Iaquerie de Beauvoisin which was suppressed by Charls the wise the common people put themselves boldly in Arms against the Nobility and Gentry to lessen their power Add hereunto as an advantage to the work that the next succeeding King Lewis the eleventh was a close cunning Prince and could well tell how to play his game and draw water to his owne Mill For amongst all the rest he was said to be the first that put the Kings of France Hors de page out of their minority or from being Pages any more though therby he brought the poor Peasans to be worse than Lacquays VVith the fall or at least the discontinuance of that usuall Parlementary Assembly of the three States the liberty of the French Nation utterly fell the poor Roturier and Vineyard-man with the rest of the Yeomanry being reduced ever since to such an abject asinin condition that they serve but as sponges for the King to squeeze when he list Nevertheles as that King hath an advantage hereby one way to monarchize more absolutely and never to want money but to ballast his Purse when he will so ther is another mighty inconvenience ariseth to him and his whole Kingdom another way for this illegal peeling of the poor Peasan hath so dejected him and cowed his native courage so much by the sense of poverty which brings along with it a narrownes of soul that he is little useful for the VVar which puts the French King to make other Nations mercenary to him to fill up his Infantry Insomuch that the Kingdom of France may be not unfitly compared to a body that hath all its blood drawn up into the Arms Brest and Back and scarce any left from the Girdle downwards to cherish and bear up the lower parts and keep them from starving All this seriously considered ther cannot be a more proper and pregnant example than this of our next Neighbours to prove how infinitely necessary the Parlement is to assert to prop up and preserve the Public Liberty and National Rights of a people with the incolumity and welfare of a Countrey Nor doth the Subject onely reap benefit thus by Parlement but the Prince if it be well consider'd hath equall advantage therby It rendreth him a King of free and able men which is far more glorious than to be a King of Slaves Beggers and Bankrupts Men that by their freedom and competency of 〈◊〉 are kept still in heart to doe him service against any forrain force And it is a true maxim in all States that 't is lesse danger and dishonour for the Prince to be poor than his people Rich Subjects can make their King rich when they please if he gaine their hearts he
will quickly get their purses Parlement encreaseth love and good intelligence ' twixt him and his people it acquaints him with the reality of things and with the true state and diseases of his Kingdome it brings him to the knowledg of his better sort of Subjects and of their abilities which he may employ accordingly upon all occasions it provides for his Royall Issue payes his debts finds means to fill his Coffers And it is no ill observation The Parlementary-moneys the great Aid have prospered best with the Kings of England it exceedingly raiseth his repute abroad and enableth him to keep his foes in feare his Subjects in awe his Neighbours and Confederates in security the three main things which go to aggrandize a Prince and render him glorious In sum it is the Parlement that supports and bears up the honour of his Crown and settles his Throne in safety which is the chief end of all their consultations For whosoever is intrusted to be a Member of this High Court carrieth with him a double capacity he fits there as a Patriot and as a Subject As he is the one the Countrey is his object his duty being to vindicate the Publike Liberty to make wholsom Laws to put his hand to the pump and stop the leaks of the great vessell of the State to pry into and punish corruption and oppression to improve and advance trade to have the grievances of the place he serves for redressed and cast about how to find somthing that may tend to the advantage of it But he must not forget that he sits ther also as a S●●●●ct and according to that capacity he must apply himse●● to do his Soveraigns busines to provide not onely ●●r his publike but his personal wants to bear up the lustre and glory of his Court to consider what occasions of extraordinary expences he may have by encrease of Royall Issue or maintenance of any of them abroad to enable him to vindicate any affront or indignity that might be offered to his Person Crown or Dignity by any forrain State or Kingdom to consult what may enlarge his honour contentment and pleasure And as the French Tacitus Comines hath it the English Nation was used to be more forward and zealous in this particular than any other according to that ancient eloquent speech of a great Lawyers Domus Regis vigilia defendit omnium otium illius labor omnium deliciae illius industria omnium vacatio illius occupatio omnium salus illius periculum omnium honor illius objectum omnium Every one should stand Centinell to defend the Kings Houses his safety should be the danger of all his pleasures the industry of all his ease should be the labour of all his honour the object of all Out of these premisses this conclusion may be easily deduced that The principal Founntain whence the King derives his happines and safety is his Parlement It is that great Conduit-Pipe which conveighs unto him his peoples bounty and gratitude the truest Looking-Glasse wherein he discerns their loves now the Subjects love hath bin alwayes accounted the prime Cittadel of a Prince In his Parlement he appears as the Sun in the Meridian in the altitude of his glory in his highest State Royal as the Law tels us Therfore whosoever is avers or disaffected to this Soveraign Law making Court cannot have his heart well planted within him He can be neither good Subject nor good Patriot and therfore unworthy to breathe English air or have any benefit advantage or protection from the Laws Sectio Secunda BY that which hath been spoken which is the language of my heart I hope no indifferent judicious Reader will doubt of the cordiall affection of the high respects and due reverence I bear to Parlement as being the wholsomest constitution and done by the highest and happiest reach of policy that ever was established in this Island to perpetuate the happines therof Therfore I must tell that Gentleman who was Author of a Book entituled The Popish Royall Favorite lately Printed and exposed to the world that he offers me very hard measure nay he doth me apparent wrong to tearm me therin No frend to Parlement and a Malignant A character which as I deserve it not so I disdain it For the first part of his charge I would have him know that I am as much a frend and as real an affectionate humble servant votary to the Parlement as possibly he can be and will live and die with these affections about me And I could wish that he were Secretary of my thoughts a while or if I may take the boldnes to apply that comparison His late Majestie used in a famous speech to one of his Parlements I could wish ther were a Crystall VVindow in my Brest through which the world might espie the inward motions and palpitations of my heart then would he be certified of the sincerity of this protestation For the second part of his charge to be a Malignant I must confesse to have som Malignity that lurks within me much against my will but it is no malignity of mind it is amongst the humours not in my intellectuals And I beleeve there is no naturall man let him have his humours never so well ballanced but hath som of this malignity reigning within him For as long as we are composed of the four Elements whence these humours are derived and with whom they symbolize in qualities which Elements the Philosophers hold to be in a restlesse contention amongst themselves and the Stoick thought that the world subsisted by this innate mutuall strife as long I say as the four humours in imitation of their principles the Elements are in perpetuall reluctancy and combate for praedominancy ther must be some malignity lodg'd within us as adusted choler and the like whereof I had late experience in a dangerous fit of sicknes it pleased God to lay upon me which the Physitians told me proceeded from the malignant hypocondriacal effects of melancholy having been so long in this Saturnine black condition of close imprisonment and buried a live between the VVals of this fatal Fleet These kinds of malignities I confes are very rife in me and they are not onely incident but connaturall to every man according to his complexion And were it not for this incessant strugling and enmity amongst the humours for mastery which produceth such malignant effects in us our souls would be loth ever to depart from our bodies or to abandon this mansion of clay Now what malignity my Accuser means I know not if he means malignity of spirit as som antipathy or ill impression upon the mind arising from disaffection hatred or rancor with a desire of some destructive revenge he is mightily deceiv'd in me I malign or hate no Creature that ever God made but the Devill who is the Author of all malignity and therfore is most commonly called in French le Malin Asprit the malignant spirit
Every night before I go to bed I have the grace I thank God for it to forgive all the world and not to harbour or let roost in my bosom the least malignant thought yet none can deny but the aspersions which this my Accuser casts upon me were enough to make me a malignant towards him yet it could never have the power to do it For I have prevail'd with my self to forgive him this his wrong censure of me issuing rather from his not-knowledg of me than from malice for we never mingled speech or saw one another in our lives to my remembrance which makes me wonder the more that a Professor of the Law as he is should pronounce such a positive sentence against me so slightly But me thinks I over-hear him say That the precedent discourse of Parlement is involv'd in generals and the Topique Axiom tels us that Dolus versatur in universalibus ther is double dealing in universals His meaning is that I am no friend to this present Parlement though he speaks in the plural number Parlements and consequently he concludes me a Malignant Therin I must tell him also that I am traduc'd and I am confident it will be never prov'd against me from any Actions words or letters though divers of mine have bin intercepted or any other misdemeanor though som things are father'd upon me which never drop'd from my Quill Alas how unworthy and uncapable am I to censure the proceedings of that great Senate that high Synedrion wherin the wisdom of the whole State is epitomized It were a presumption in me of the highest nature that could be It is enough for me to pray for the prosperous success of their consultations And as I hold it my duty so I have good reason so to do in regard I am to have my share in the happines And could the utmost of my poor endeavours by any ministerial humble office and somtimes the meanest Boatswain may help to preserve the Ship from sinking be so happy as to contribute any thing to advance that great work which I am in despair to do while I am thus under hatches in this Fleet I would esteem it the greatest honour that possibly could befall me as I hold it now to be my greatest disaster to have faln so heavily under an affliction of this nature and to be made a sacrifice to publike fame than which ther is no other proof nor that yet urg'd against me or any thing else produc'd after so long so long captivity which hath brought me to such a low ebbe and put me so far behind in the course of my poor fortunes and indeed more than half undon me For although my whole life since I was left to my self to swim as they say without bladders has bin nothing else but a continued succession of crosses and that ther are but few red letters found God wot in the Almanack of my Age for which I account not my self a whit the lesse happy yet this cross has carried with it a greater weight it hath bin of a larger extent longer continuance and lighted heavier upon me than any other and as I have present patience to bear it so I hope for subsequent grace to make use of it accordingly that my old Motto may be still confirmed {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} HE produceth my attestation for som passages in Spain at His Majesties being ther and he quotes me aright which obligeth me to him And I hope all his quotations wherin he is so extraordinarily copious and elaborate in all his works are so yet I must tell him that those interchangeable Letters which passed between His Majesty and the Pope which were originally couch'd in Latine the language wherin all Nations treat with Rome and the Empire with all the Princes thereof those Letters I say are adulterated in many places which I impute not to him but to the French Chroniclen from whom he took them in trust The truth of that busines is this The world knows ther was a tedious treaty of an Alliance 'twixt the Infanta Dona Maria who now is Empresse and His Majesty which in regard of the slow affected pace of the Spaniard lasted about ten yeers as that in Henry the sevenths time 'twixt Prince Arthur and afterwards Queen Katherine was spun out above seven To quicken or rather to consummate the work His Majesty made that adventurous journey through the whole Continent of France into Spain which voyage though ther was a great deal of gallantry in it whereof all posterity will ring untill it turn at last to a Romance yet it prov'd the bane of the busines which 't is not the arrand of so poor a Pamphlet as this to unfold His Majesty being ther arriv'd the ignorant common people cryed out the Prince of Wales came thither to make himself a Christian The Pope writ to the Inquisitor General and others to use all industry they could to reduce him to the Roman Religion And one of Olivares first complements to him was That he doubted not but that His Highnes came thither to change His Religion Wherunto he made a short answer That he came not thither for a Religion but for a Wife Ther were extraordinay processions made and other artifices us'd by protraction of things to make him stay ther of purpose till the Spring folllowing to work upon him the better And the Infanta her self desir'd him which was esteem'd the greatest favour he received from her all the while to visit the Nun of Carion hoping that the said Nun who was so much cryed up for miracles might have wrought one upon him but her art failed her nor was His Highnesse so weak a subject to worke upon according to His late Majesties speech to Doctor Mawe and Wren who when they came to kisse his hands before they went to Spain to attend the Prince their Master He wished them to have a care of Buckingham as touching his Son Charls he apprehended no fear at all of him for he knew him to be so well grounded a Protestant that nothing could shake him in his Religion The Arabian Proverb is That the Sun never soiles in his passage though his Beams reverberate never so strongly and dwell never so long upon the Myry lake of Maeotis the black Turf'd Moors of Holland the Aguish Woose of Kent and Essex or any other place be it never so dirty Though Spain be a hot Country yet one may passe and repasse through the very Center of it and never be Sun-burnt if he carry with him a Bongrace and such a one His Majesty had Well after His Majesties arrival to Madrid the treaty of Marriage went on still though hee told them at his first coming that he came not thither like an Ambassadour to treat of Marriage but as a Prince to fetch home a Wife and in regard they were of different Religions it could not be done without a dispensation from the Pope and the Pope