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A44754 Some sober inspections made into carriage and consults of the late Long-Parliament whereby occasion is taken to speak of parliaments in former times, and of Magna Charta, with some reflexes upon government in general.; Som sober inspections made into the cariage and consults of the late Long Parlement Howell, James, 1594?-1666. 1656 (1656) Wing H3117; ESTC R2660 73,993 193

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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 C●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 Queu●ils n'ont pas cognisance Things whereof they had no cogn●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 there●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 res●● the great City of Ga●nt or send an Army the Commons being ask●d their advice the humbly answered by Sir Thomas ●uckerin● their Speaker that the Councils of Wa● did more aptly belong to the King and 〈◊〉 Lords The next year after the Commo● are willed to advise of the Articles 〈◊〉 peace with France but they modestly e●cuse themselves as too weak to counsell in ● weighty mat●ers And being charged agai● as they did tender the repute of the County and right of their King the humbly de●ivered their opinions rathe● for Peace then Warre such was the moderation and modesty of the house of Commons in former times that they decline● the agitation and cognizance of hig● State affairs specially forraign humbl● transferring them to their Soveraign an● his Vpper Council a Parliament ma● then I mean a member of the Commons House thought to be the adequ●● object of his
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 t●uching the Parliament but by his special grace at this time he granted their request in this par●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 ainu● le ve●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 there●ore he could not allow of the stile they us●d to him c●lling it their ancient and undoubted Rights and Inheritance but could rather have wished they had said their priviledges were derived from the ●race and Permission of his Anc●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 gran●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 Privil●dge and is a shrewd argument against any other title For our Antecessors would not have been so ceremonious nor so full o● complement as to beg that of grace which they might have claimed de jure by right A●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 ●retopped the ●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 p●iviled●e breach of priviledge But Sir by the seque● of our former discourse I find that the High Co●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 ● House and that Magna Charta and Charta de foresta were not free Spontaneou● 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