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
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
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
they first interdicted trade They countenanced all tumultuous Riots gave way to Club-law and They kept the King by force out of Hull issued Commissions for Horse brought in foren force and had a compleat Army in motion a good while before the Royall Standard was set up Polyander I remember a witty Motto that the last French Cardinal caused to be engraven upon the brich of some new Canons which were cast in the Arsenall at Paris it was KATIO ULTIMA REGUM Viz. That the Canon was the last reason of Kings But whether this Motto may fit Subjects I will not now dispute But sure the King was ill advised so to rush into a War considering what infinite advantages the Houses had of him for as you say'd before they had the Sea the Scot and the City on their side and the King had no Confederate at all at home or abroad I am sure he had no friend abroad that one might say was a true friend unto him unless it was the Prince of Oraâ—â—e in regard he had disobliged all other Princes For you know as soon as he came to the Crown he rushed into a War with the King of Spain and in lieu of making him his Brother in â—awâ—e made him his foe which stuck still in his stomach as also thâ—â— he had given so fair a reception to the Ambassadors of Don Juan de Braganza now King of Portugâ—ll A little after he broke with the Frâ—nch King Notwithstanding that he had his Sister every night in his Arms The Hollandâ—rs gave out that he had appeard more for the Sâ—aniard than Them in that great fight with Doâ— Antonâ—o d'Oquâ—ndâ— and that he suffer'd his own ships and others to convey the King of Spains mony to Dunkerke He was ingag'd to his Oncâ—e the K. of Deâ—mark in great old sâ—mâ— whereof there was little care taken to give satisfaction the Iriâ—h cryed out They had bin oppressed The Swed observed that he was more for the House of Austria than for Gustavus Adolphus And at home I have been told that the Irish cryed out he had bin oppressed And the Scot whom he had obliged most of any by such Mountains of favours with divers of his own Creatures and domestic bosome servants whom he had engaged most started aside from him like a broken bow so that all things did co-operat and conspir'd as it were to make him a hard-Fated Prince and to usher in a Revolution Philanglus Yet I heard that all Princes were very sensible of his fall Polyander T' is true they did must resent it at first yet they were affected rather with â—stonishment then sorrow And touching the Roman Catholique Princes they did afterwards rejoyce at it considering what a blemish the manner of his death brought upon the Reformed Religion but Sir I pray be pleased to proceed Philanglus The Sophies or Gran signo'rs of the Common-wealth whereof we spoke before scrued up their authority every day higher and higher They declare that an Ornance of Parliament without the Royal assent is equivalent to an Act They declare that not onely the consultative ministerial and directive power is in them but also the Judicatory Despotical and Legislative highest power is inherent in the Walls of their two Houses That their power is also Arbitrary Vbiquitary and incontrolable That they are not subject to Dissolution or Time being the eternal and irrevocable Trustees of the Commonwealth with such Rodomontado's which made one to think that a Mid-summer Moon had got betwixt them and therefore thought this Anagram a very fit one to be set upon the dore of the House with the distic annexed Parliamentum Lar Amentium Fronte rogas isto P. cur Anagrammate non sit In promptu causa est Principem abesse scias Polyander They who have pryed into the true humour of a Portuguez have observ'd that He useth to act more according to what hee thinks himself to be then what he really is It seems that these Parliamenteers were possess'd and puffed up with the same humour But if the supream power were in an Assembly when that Assembly is risen I wonder what 's become of the power sure it must rest in the air or sticking to the Walls of the Chamber where they breath'd Now Sir touching long Parliaments I am of opinion it is the greatest and generallest grievance that can be possibly to the English people by reason that besides other irregularities it stops the ordinary course of Law in regard of the priviledge they have not to be subject to arrest with others to whom they give protection now not one in four of that long Parliament men but ow'd money and what use Sir Peter T and others made of that priviledge to the detriment of a thousand poor Creditors is too well known And were such men think you fit to keep the Kingdomes Purse in their Pockets so long but having got the Great Seal as well as the Sword into their hands what signal Acts of Justice did they do Philanglus 'T is true they had got the Seal and Sword which the Law of England doth appropriate to the chiefest Magistrate the one should be girt onely to his side and the other hang at his Girdle And it was told them to their faces by the knowingest Members in the House that to cut a broad Seale of England was the highest reason that possibly could be attempted without the assent of the Governor in chief Now Sir touching any signal Act of Justice they ever did I am to seek to this day but for horrid acts and passages of in justice I think there could be produced a thousand clear and yet crying examples which would make a greater volume then the Book of Martyrs I mean Acts that were done before the wars begun and after it was ended which takes away the specious colour of necessity wherewith they varnished all their excesses and actions I will instance onely in two for this was intended for a short discourse not for a story viz. The business of the Lord Craven and Sir John Stawel the first a personage who is a great ornament to this Nation by his gallant comportments beyond the Seas the other one of the considerablest Knights in the whole Country Touching the Lord Craven he went with consent of Parliament to his charge in the Low Countries not onely before the War but before any discontentment happened at all 'twixt King and Parliament and being attenâ—ing his said military charge at Breda when the King of Scots came thither and the Queen of Bohemia being also there he could not avoid seeing them sometimes nor was there any Order or Act of Parliament to prohibit any body from doing so but for intermedling with any affairs of State or mixing with the Scots Council he never did it At that time there happened to be in Breda many cashiered English Officers and among them one Faulkner who having a Petition drawn and written all with his own