was the greater Fool to grant it or they the greater knaves to ask it But the saying of the late Earl of Dorset is remarkable who saluted the King the next morning with the stile of fellow Subject in regard that by that grant he had transferred both Crown Sword and Scepter to the Parliament for now we may say that England hath four hundred and odd Kings in her But t is observed that Princes of a hard destiny do follow the worst Councils But Sir in lieu of these monstrous Acts of Grace and trust what did the Parliament all this while for the King Philanglus They promised specially upon the passing of the last Act that they would make him the most glorious the best beloved and richest King that ever reigned in England which promise they voted and confirmed with the deepest protests and asseverations that could be Adde hereunto that the Earl of Strafford was passed over unto them who after a long costly tryal was condemned to the Scaffold and so made a Sacrifice to the Scot and them who stayed chiefly for his head Polyander Touching the Earl of Strafford 't is true he was full of ability courage and Elocution yet I heard his wisdom questioned beyond Sea in divers things First that having a charge ready against his chiefest Accusers yet he suffered them to take the start of him and have priority of suit which if he had got he had thereby made them parties and so incapable to proceed against him Secondly that during the time of his tryal he applyed not himselfe with that compliance to his Jury as well as to his Judges for he was observed to comply only with the Lords and slight the House of Commons Lastly that knowing he had both Parliament and Scot his enemies as also the Irish he would not go aside a while and get beyond Sea which he might have easily done from York in lieu of coming up to London Philanglus I beleeve his death was resolved upon before his comming from York if not by ordinary way of justice yet by way of publique expedience which appears in regard the proceedings against him was by a clause in the Act not to be produced for a leading case for example to future ages and other inferior Courts Good Lord how the rabble of the City thirsted after his death who were connived at and countenanced by the Parliament it selfe to strut up and down both before White Hall and Westminster Hall where they cryed out that if the Common Law failed Club Law should knock him down nay their insolency was permitted to swell so high that they demanded the names of those Lords who would not doom Strafford to death Polyander Is it possible that the grave and solemne high Court of Parliament should permit such popular insolencies to be committed before their faces Philanglus Yes and notwithstanding that the Lords did often solicit the House of Commons to take a course for suppressing them yet 't was not hearkened unto nay when the King had commanded a double guard of Constables and Watch-men which is the usual way by law to attend at Westminster Hall for suppression of such disorders the Commons cryed out that it was a breach of the privileges of the House and a trenching upon their liberties so they took afterwards a band of Souldiers to guard them of their own election which was never known before Polyander Me thinks that the Earl of Strafford being gone fair weather should have followed he was the cause of the tempest being thus thrown over board Philanglus 'T is true the Scots were dismissed a little after having Fidlers fare Meat Drink and Money for eleven Months together in England with Straffords head to boot So the King prepared to go for Scotland according to Articles to hold a Parliament there This fill'd the house of Commons with odd kind of jealousie therefore they cast about how to prevent the journey so they did beat their brains night and day about it so far that they sate upon Sunday in debate but with another proviso that it should not be made a Precident for future ages as the other Caveat was for their proceedings against the Earl of Strafford Well the King went to his Scots Parliament where he fill'd every blank for they did but ask and have He granted them what possibly they could propone in point of governing both for Kirk and State many received new honors they made havock and divided all the Bishops Lands amongst them for all which unparallel'd Concessions and Acts of grace as an argument of gratitude they caused an Act though already in force to be publish'd and reviv'd That it should be detestable and damnable treason in the highest degree that could be for any of the Scots Nation conjunctly or singly to levy Arms or any Military forces upon any pretext whatsoever without the Kings royal Commission but how the Scot observed this solemn Act afterwards the World knows too well During the Kings being in Scotland that formidable hideous Rebellion in Ireland broke out which the Irish impute to the English Parl. First in regard that one of their accusations against Strafford was that he used the Papists in that Kingdom too favourably Secondly for the rigorous proceedings intended by the said Parliament against the English Catholicks Thirdly for design the English Parliament had to bring the â—utch and the Scot to plant in Ireland the last of whom the Irish do hate in perfection above all other Nation and Lastly the stopping of that Irish Regiment of cashiered Souldiers which the King promised by Royal Word and Letter to the King of Spain who relying upon that imploiment which was denied them by order from the English Parliament rather then to begg steal or starve they turned Rebels Polyander Indeed I heard that Act of staying the Irish forces much censur'd abroad to the dishonour of the King of England and reproach of the Parliament considering hoâ— the Marquis de Velada and Malvezzi and Don Alonzo de Cardenas who were all three Ambassadours here for the King of Spain at that time having by dependance upon the sacred word and Letter of a King imprested money and provided shipping for their transport which came to a great charge but I pray be pleased to proceed Philanglus The King having setled Scotland was his return to London received with much joy but though he was brought with a kind of Hosanna into one end of the Town he found a Crucifige at the other for at Westminster there was a Remonstrance fram'd a work of many weeks and voted in the dead of night when most of the moderate and well-minded members were retir'd to their rest in which remonstrance with as much industry and artifice as could be all the old moats in government were expos'd to publick view from the first day of the Kings inauguration to that very hour Polyander How could this agree with the Protestation the House did make formerly
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
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
over-heard to mutter at the remoteness and absence of their King and that they should now become a kind of Province truckling under England by reason of such a distance from the Royal Court Moreover some of their Nobles and Gentry found not at the English Court nor at the late Kings Coronation in Edenburgh that countenance familiarity benefit and honours which they expected And 't is too well known who He was that having got some Wealth in the Swedish Wars and being denied to be Lorded took a pet and went hence discontented to his own Country These discontented parties tamper'd with the Mercenary preach-men up and down Scotland to obtrude and hold out to the people what Doctrines were put into their mouths by their Patrons so that the Pulpits every where â—ung of nothing but of invectives against certain obliquities and solaecisms and I cannot tell what in government and many glances they had upon the English Church Yet all this while there was not matter enough for an insurrection nor to dispose the peoples hearts to a mutiny untill by the Policy of the said discontented party the English Liturgy was sent thither This by the incitement of those fiery Pulpiteers was cried up to be the greatest Idol that possibly could be brought into their Kirk insomuch that when it was first offer'd to be read the women and baser sort of mechanicks threw stools at the Bishops head in the Kirk and were ready to tear them in pieces And here began the first storm The King having notice hereof sent a Proclamation signifying that whereas he had recommended that Book of Common Prayer to be practised among them whereby be himself served God Almighty twice a day he did it onely out of a design to establish an uniformity of publick Divine Service in all his Dominions specially in that his native Country But since it had produced such dangerous effects he was contented to revoke it absolutely it never being his purpose to press the practise of thesaid book upon the conscience of any for he did onely commend not peremptorily command the use of it Therefore he exhorted and required that every one unto whom it had given any scandal should return to his former obedience and serve God as he was wont offering therwith a general pardon and to passe an Act of Amnestia for the abolition of all offence passed Polyander And would not this suffice In natural motions we find that the cause being taken away the effect ceaseth and will not this rule hold in civil Actions Philanglus It seems this would not serve the turn but there was a further reach in it and to take the advantage of fishing in these troubled waters You know the Scots since their single Lyon came to quarter with our three were much heightned in their spirits more respected employed and trusted abroad more elevated in their resolutions and aims they grew rich for you have heard of a Silver Mine that reached from Westminster to Edenbrough And I beleeve you have not forgot Bâ—ccolinies ballance wherein Lorenzo de Medici was appointed by the Oracle at Delphos to weigh all the States of Christendom and throwing England into the Scales to counterpoise France you know how much he made her to weigh lesse by the addition of Scotland Polyander I beleeve we had been better without this addition for the union 'twixt Scotland and England may be said to be a mixture of Vinegar with Oyl Philanglus To resume my discourse the former Proclamation though it breathed nothing but grace would not suffice the Scots but having an inch given them they would take an Ell and nothing would serve their turn but an utter extirpation of Episcopacy for by trampling the Miter under their feet they hoped to have some of the Birds Plumes being plucked to feather their own Nests and they brought their work about Good Lord what a deal of dirt was thrown into the Bishops faces by every rural petty Clerk what infamous Ballads were sung up and down what a thick Cloud of Epidemical hatred hung suddenly over them so far that a Dog with a white neck was called Bishop amongst them The chiefest contrivers of this uproar finding their designs to fadge so well and perceiving the Country to be so eagerly bent against Bishops and what Artifices and suggestious were used to render them so odious is incredible But finding withall the King unwilling to alter the Government his Father had left him and to which he had been sworn at his Coronation They put themselves in Arms and raised Forces to beat down the Miter with the Sword if the Scepter would not do it To the English frontires they marched with a numerous Army pretending they came as Petioners but they brought their Petition upon the pikes point Hereupon the King raised a Counter Army and marched as far as Barwick but some of the great ones about him grew cold in the Action so a pacification was shuffled up and I think it was the most dishonourable that ever England made Polyander I could have wished two things that either the King had then given them battel having the flower of his Nobility and Gentry about him who understood came with all promptitude and cheerfulness to the service or else that after the pacification he had with a royal freedom and a commanding confidence gone amongst them in person to hansel their new Parliament house at Edenburgh for in all probabilitie this course might have averted those showrs and Cataracts of miseries which fell upon him afterwards but I pray Sir proceed Philanglus Hereupon a Parliament was summoned in England a Parliament do I call it it was rather an Embrio of a Parliament a kind of Ephemeran thing In this short sitting the King declared to both Houses the indignities he had received from his Scots Subjects and therefore he proposed a supply to be made of twelve Subsidies to suppress that rebellion and in lieu thereof he was willing to forbear and utterly to abolish the Ship-money which he had reason to think legal being advised thereunto by Noy his Attorney General who was cryed up to be so great a Clerk in the Law yet he would not rest there but he advised further with his learned Council of the Sergeants at Law and others who concurred in opinion with No Nor would he rest there but he had the approbation of all the Judges siâ—gly and afterwards of the major part of all the twelve upon a leasurely debate this he thought sufficient to induce his conscience to hold the things legal It was proved that the moneys levied that way were employed to the right use and no other viz. to the garding of the narrow Seas and to preserve the right of his dominion in them being the fairest flower of his Crown which was not onely discoursed of abroad but the French Cardinal was over heard to question his right that way And touching the danger that hung over England he alledged how
then the Parliament members themselves an Admiral also was sent to sea against whom the King excepted Polyander That was strange considering how oft the King had complied with them that way having at their request remov'd two Lievtenants of the Tower and taken one of their Election having remov'd the Governour about his son and taken one of their choice having remov'd Sir Thomas Glenham from Hull and nominated Hotham c. Philanglus The Presbyterians who had brought in the Scots Army before and were the activ'st men cried out that the whole Kingdom was like to be ruin'd by secret Plots and machinations That there was a design to bring in the Pope and to cast the civil Government into a French frame wherof they made the Pulpits to ring up and down nor did the Pulpit onely help to kindle this fire but the Presse also did contribute much thereunto dangers and jealousies and a kind of superfaetation of fears did daily increase in every corner Traduntque metus nâ—c poscitur Author As the Poet saith Polyander There be sundry sorts of fears There are conscientious fears there are pannick fears there are pusillaminous fears and there are politick fears The first proceeds from guilt of conscience which corns oft to phrensie The second fear may be called a kind of Chymera 't is some sudden surprizal or consternation proceeding from no grounds Pusillaminous fear makes a Mountain of a Mole-hill it proceeds from poverty of spirit and want of courage and is a Passion of abject and degenerous minds and is call'd cowardize Politique fear is a created forg'd fear wrought in another to bring some design about And as we finde the Astronomers as is said elsewhere do imagine such and such shapes and circles in the Heavens as the Zodiack Equinoctial Câ—lurâ—s Tropiqâ—es and others though there be no such things really in nature to verifie and make their conclusions good so the Staâ—ist doth often devise and invent imaginary fears to make his proceedings the more plausible and thereby to compass his ends Or as the Sun useth to appear far bigger in the morning and evening then at noon when he is exalted to his Meridian and the reason the Philosophers use to give is the interposition of the vapours and exhalations which are in the lower Region of the air through which we look upon him as we find a piece of Silver look bigger in a Bason of water then elsewhere so the Polititian useth to cast strange mists of fears and fogs of jealousie before the simple peoples eyes to make dangers seem bigger It is observed that the Torpedo fish when he fears to be catched useth to disgorge an â—nky â—lack froth to puddle and darken the water that he may not be seen and so avoids taking so one trick of a Statist when he goes a fishing after some ends of his own is to cast out before the eyes of the credulous vulgar strange mists and apprehensions of fears and dangers that they may scape in them if need be But I pray deal clearly with me was there a design to bring in the Mass again Philanglus The Mass you may say there was a plot to bring in Mahomet as soon to bring in the Alchoran or Talmud as soon yet I believe there was a pernitious plot to bring in a new Religion but what Religion I pray it was not Papery but Presbytery and with it to Usher in Buchanan and Knox and to cast our Church and State into a Scots mould Polyander I must tell you indeed that I heard the English much censured and undervalued abroad for enslaving as it were their understandings and judgements in point of Religion to the Scots whom we made Christians and Reformed Christians first and now for us to run to them for a Religion what a disparagement think you is it But you spoke before of an Empeachment of high Treason the King had against the five Members for which he desired only the benefit of the Law I pray what was that Treason Philanglus The main charge of Treason that was intended to be exhibited against them was the private intelligence and combinations they held with a forreign nation and to have been the prime instruments of bringing in the Scots Army which had done so much mischiefe to England and was dismissed upon such inglorious terms for besides the plunder they got they had a vast sum of treasure to be gone which was not the usua◠〈◊〉 that our Progenitors used in dealing with the Scot for in former times England was 〈◊〉 to pay the Scot his Arrears when he came to visit her borders in another kind of mettal viz. with good Iron and Steel not with Gold and Silver but she hath soundly revenged her selfe since for the insolencies of that hungry Nation But to proceed The Hierarchy and English Liturgy being voted down there was a general liberty given to all consciences in point of Religion The Taylor and Shoomaker might have cut out what Religion they pleas'd the Vintner and Tapster might have broach'd what Religion they pleas'd the Druggist and Apothecary might have mingled her as they pleas'd the Haberdasher might have put her upon what block he pleas'd The Armorer Cutter might have furbrish'd her as they pleas'd the Dier might have put what colour the Painter what face they pleas'd upon her the Draper and Mercer might have measur'd her as they pleas'd the Weaver might have cast her upon what loom he pleas'd the Boat-swain and Mariner might have brought her to what deck they pleas'd the Barber might have trimm'd her as he pleas'd the Gardner might have lopp'd her as he pleas'd the Black-smith might have forg'd what Religion he pleas'd And so every one according to his profession and fancy was tollerated to form what Religion he pleas'd as was observ'd elsewhere Polyander Indeed I was told often beyond the Seas that the Liberty of the Gospel and the Liberty of the People were the two things which were mainly aim'd at but how did the war begin Philanglus I told you before that besides other causes the clashing of the Militia with the Commission of Array did put all things in disarray throughout the whole Kingdom many Declarations came from the King but they were prohibited at last to be published and the Printers punish'd A little after the Parliament voted an Army to take away ill Councellours from about the Kings person and the Earl of Fssex was appointed General with whom they voted to live and die Polyander Me thinks that Lord was not so proper for the service in regard his Father before him lost his head upon the like occasion for offring to amove ill Councellors from about Queen Elizabeth but I beleeve he might have a private quarrel of his own with the Court in that his first wise was Articled and sentenc'd away from him and married to a Scotch man whom he much hated in King James his time who made a deep asseveration that if