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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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hand the pourport whereof onely was that the King would releeve their necessities they desired the intercession of my Lord Craven herein but he with a civil Complement declined the business for he was not fit to do them service because as he said he was neither Courtier nor Servant to the King Hereupon Faulkner being offended both with King and Craven in a passion said as 't was proved This it is to follwo a thing called King dam me I 'le to England and do all the mischiefe I can Being come to London he forg'd another Petition wherein there were scandalous words against the Parliament viz. That they were barbarous inhumane villains Then going with a Confident of the Parliaments who fed him with Money to go on in his design He made an Affidavit upon Oath that the foremention'd Officers at Breda shewed this very Petition to the Lord Craven who read it and delivered it to the King both which was damnably false As soon as this Deposition was reported to the House they presently voted a Confiscation of all the Lord Cravens Estate He being then neer upon a thousand miles off in Germany and no soul appearing for him nor could any on his behalfe procure a Copy of Faulkners deposition Craven having notice herof he sent a most humble Petition to the Parliament declaring his innocence which Petition was sent in the Dutch Ambassadours Packet who delivered it accordingly but it was denied to be read in the House because there was none present who could testifie they did see the Lord Craven subscribe it He sent afterwards another Petition but it was seven Months before it could be read in the House In the mean time his estate had been sequestred his woods cut down and other spoils done His Agents here to invalidate the Affidavit of Faulkner indited him of Perjury which was clearly proved in open Court and the original Petition was produced which was written by Faulkner himselfe wherein there was not one syllable that spoke of the Parliament There was legal proofe also made that Craven had nothing to do with that Petition This Inditement of perjury being found against Faulkner by the grand Jury the Parliament was informed therewith yet neretheless a Bill passed for sale of the Lord Cravens Estate and Surveyors sent accordingly to the Country Faulkner being thus convicted of Perjury it was prov'd also in Court what a nefarious Atheistical and most wicked fellow he was both in his words and actions how he had nothing more common in his mouth then dam me blood and wounds and buggering of his Soul to Hell It was proved that at Petersfield he drank a health to the Divel and that he should say our Saviour was a Bastard and but a Carpenters son carrying a basket of tools after his Father The Parliament was acquainted with all this and divers earnest and sedulous applications that possibly could be made were used but nothing would prevail The Lord Craven finding the House so inexorable and obdurate rather then so fair an Estate should bee canconiz'd and squandred into so many hands he proposed by way of humble Petition that the House would punish him by way of pecuniary mulct and there were two able Knights attending the Door ready to undertake the payment thereof which motion the Lord General now Lord Protect●r did most nobly advance yet all would not do but the Surveys of the Estate being return'd the Bill of Sale was compleated and some of the Members of the House stepp'd in with the first to buy the flour of his Lands to the value of 6000 l. per annum as appears by the contracts made at Drury House in their own names That goodly house at Causam near Redding being in excellent repair was bought by some who for greedy lucre and gain utterly defac'd it they pull'd down the Wainscot Stair-cases Lead Iron and all other materials about the House which had cost above 20000 l. yet they gave the Common-wealth but little above 1500 l in monies for it the price of Debentets therein also included Polyander Truly Sir it was one of the hardest peeces of injustice I ever heard of that such a Princely Estate for I heard by divers that had the Lord Craven injoy'd it to this day it would have amounted to above 20000 l. per annum a Revenue that I know some Soveraign Princes come short of I say it was a sad thing that by the single testimony of one man and he such a perjur'd notorious villain as it was apparently proved such an Estate should be destroy'd Philanglus A sad thing indeed but besides those pregnant proofs which were produc'd and made good in open Court that abhominable wretch being lately upon his death bed in the Kings Bench confess'd all under his hand and what monstrous wrong he had done the Lord Craven But I will proceed now to the other Instance I promis'd you The unlucky War 'twixt King and Parliament being begun about the Commission of Array the City of Exceter was beleaguer'd by Sir T. Fairfax which at last rendred her self upon Article it chanc'd Sir Jo. S●awel was then in the Town A full agreement being made the Capitulations sign'd and seal'd and the place yeelded Sir John came to London in due time to reap the benefit of the Articles which were solemnly confirm'd and ratified by both Houses of Parliament Now two of those Articles were that no Oath Covena●t Protestation or Subscription should be impos'd upon any person compriz'd within those Articles but onely such as should bind them from bearing Arms for the future against the Parliament 2. That all persons compriz'd in those Articles having made such a subscription should be admitted to a moderate Composition which was not to exceed two yeers value of any mans real estate c. Sir John Stawel having subscrib'd accordingly and brought a Copy of his Subscription as also a fair Certificate from Sir Tho. Fairfax that he was compriz'd in Exon Articles made his addresse to Goldsmiths Hall and producing the said Certificate and Subscription He Petition'd that hee might be admitted to compound according to Article The Commissioners answered that hee was not capable of Composition unlesse he would take the Covenant and Negative Oath whereunto he modestly repl●'d that there was no Article for that but rather è contrario whereupon hee was not onely barr'd of his Composition but he was sent Prisoner to Ely house Afterwards by the sole order of the House of Commons he was committed to Newgate for high Treason in levying War against the Parliament where he continued almost four yeers in which time he was several times i●dited of Treason and twice arraign'd at the K. Bench Bar for his life Then was he remov'd from Newgate to the Tower and kept close Prisoner whence hee was several times convented before the High Court of Justice which had been newly erected who after many daies trial would neither sentence him nor acquit him but
onely certified their proceedings to the Parliament Now Sir you must know that presently upon the taking of Exceter his whole estate was sequestred and continuing so above 7 years he being not allow'd a peny to put bread in his mouth hee visibly lost above 30000 l. which he humbly prayed might satisfie for his Composition which would not have amounted to the sixth part so much according to Article He was not onely denied that but a nigrum Theta a black Bill was voted for selling away his whole Estate A little after an Act being passed and Commissioners appointed for the relief of Prisoners upon Articles in time of War Sir John made his addresses unto them and after above ten moneths debate of the business the whole Court consisting of eight Commissioners delivered their opinions cleerly that Sir John Stawel was within the Articles of Exon that he had not broken any of those Articles ever since but exactly observ'd and perform'd them that consequently Hee was not onely to have his person unmolested and his whole Estate restored him but to have satisfaction for the great losses he had received while his Estate lay under Sequestration c. This clear and positive Judgement being pronounced solemnly by the Court of Articles and the Demurres which the Trustees appointed to sell forfeited Estates and the Pourchasers of Sir John Staw●ls Lands had made being ov●r ruled yet the Parliament resumed the business reversed the sentence of that Court they themselves had Authorized and Voted that the Pourchasers should quietly enjoy and occupy according to their several Contracts what they had bought of Sir John Stawels Estate P●lyander Good Lord what a world of hardships did that noble Knight undergo as to be so tossed from Prison to Prison from Bar to Bar yet to be found guilty no where but to be pronounced R●ctus i●curia nevertheless to have a sentence of Civil death pronounced against him viz the loss of so fair and noble an Estate as any in the west of England by the mischievous practice of a Member of the House who as I heard professed most friendship unto him But was there no more care to observe Articles of War which is held a sacred thing among Pagans and Infidels The T●rk and Tartar in this point will keep faith with the Sword as well as with the Cimiter with the Hat as well as with the Turban or Shash Philanglus Herein a difference may be said to have been 'twixt Generals for the Presbyterian Generals did not much care how their Articles were broke or kept but his Highness who is now Lord Protector was very carefull for the observation of what Articles he made and clash'd about it more then once with the Parliament Polyander Truely Sir you have related many horrid things which might make the Word Parliament merit the same fate that befel Tyrant Sophister and others which were good in their first institution but afterwards came to be odious and reproachful and will continue so to the worlds end But 't is much that the Parliament which should be the great Physitian of the Common wealth should become such a Mountebank that in lieu of making up the ruptures 'twixt King and people and closing the leaks in the great Vessell of the State they should cause more that like Banbury Tinkers in lieu of stopping one hole they should make two There is a saying that Infaeliciter agrotat c●● plus-mali venit à medico quam à morbo That Patient is in a sad case who receives more hurt from the Physitian then from the Disease more mischief from the remedy then from the malady t is better for one to endure a little head-ach then to have his pate broken Philanglus There breaths not a soule Inter quatuor maria betwixt Englands foure Seas who hath a more venerable opinion of Parliaments then I having had the honour to have been a good while a small part thereof They were used to be the bulwark of our liberties the main banks and boundaries which kept us from slavery from the inundation of Arbitrary Rule and unbounded Will-Government This high superintendent Court at its first Constitution was used to be compared to the Macrocosm the Great World it self The Soveraign Magistrate was compared to the Sun the Nobles to the fixed Stars the Judges other Officers who went with Messages 'twixt both Houses to the Planets the Clergy to the Element of Fire the Commons to the solid Mass of Earth And as the Heavenly bodies when three of them meet in Conjunction use to produce some admirable effects in the Great world so when the three States did use to convene and assemble in one solemn Junta some notable and extraordinary things were used to be brought forth tending to the wellfare of the whole Kingdom Now there were three essential properties that belonged to Parliament viz. fairness of Election fulness of Members and freedom of Speech 'T is too well known how little of all three were found in the late long Parliament specially the last to wit liberty of speech For none was permitted to speak unless he spoke still to the sense of the House to the sense of the House which was a pure restraint what a deale of time was spent in bandying of answers in Remonstrances in Replies Rejoynders and descanting upon words so that the first 16. months were spent meerly in chopping Logick with the King and nothing at all done For fulness of Members they were purg'd at last very low so that there was scarce the tenth part of what they should have been in number The King offered to give them a little purge of five or six Drams but it was furiously cast away because there was too much Basilicon in it Then there was a purge of eleven drams given them wherein there was some unguentum Armarium that cures a far off which made some of them to flie t' other side of the Sea where one Member as soon as he put foot on shore fell sick of the Plague and so was buried no better then in the Town ditch because he had first infected the place At last they had a good sound purge as big as a drench administred them which purg'd away above a hundred Members at once yet all this would not do for some Members were grown so corrupt and putrid that nothing could cure the House but an utter Dissolution according to the old saying Immedicabile vulnus Ense recidendum Which great Dissolution was made without one tear or drop of bloud as the Portugal Embassadour sent word to Lisbon , for England had been long weary of her Physicians who had they continued longer might have made Her say as Alexander the Great did on his death bed Perii Turba Medicorum I die of too many Physicians Polyander Touching fullnesse of Members I heard it censur'd by some Criticks beyond the Seas for a Solaecism in the English Government that they are so many but specially that