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
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
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
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 tâ—uching the Parliament but by his special grace at this time he granted their request in this parâ—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 ainuâ— le veâ—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 thereâ—ore he could not allow of the stile they usâ—d to him câ—lling it their ancient and undoubted Rights and Inheritance but could rather have wished they had said their priviledges were derived from the â—race and Permission of his Ancâ—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 granâ—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 Privilâ—dge and is a shrewd argument against any other title For our Antecessors would not have been so ceremonious nor so full oâ— complement as to beg that of grace which they might have claimed de jure by right Aâ—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 â—retopped the â—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 pâ—iviledâ—e breach of priviledge But Sir by the sequeâ— of our former discourse I find that the High Coâ—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 â— House and that Magna Charta and Charta de foresta were not free Spontaneouâ— 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
to the King to make him the best beloved that ever was I thought that before his going to Scotland he had redress'd all grievances by those Acts of Grace you spoke of before Philanglus So he had and he rested not there but complid further with the house by condescending to an Act for putting down the Star Chamber Court the High Commission Court the Court of Honor nay he was contented that his Privy Councel shouâ—d be regulated and his Forests bounded not according to ancient Prerogative but late custom nay further he passed a Bill for the unvoting and utter exclusion of the spiritual Lords from the Parliament for ever Add hereunto that having placed two worthy Gentlemen Lievâ—enants of the Tower he remov'd them one after another to content the House and put in one of their election Lastly he trusted them with his Navy Royal and call'd home at their motion Sir I. Pennington who had then the guard of the narrow Seas Polyander I never remember to have heard or read of such notable Concessions from any King but how came the Bishops to be so tumbled out Philanglus The City rabble were still conniv'd at to be about Westminster Hall where they offered some out-rages to the Bishops as they went into the House hereupon they presented a Petition to the King and Parliament that they might be secur'd to repair thither to discharge their duties according to the Laws of the Land In which Petition there was a protest or Caveat that no Act should passe or be valid without them This Petition both for matter and form was much excepted against and cried up to be high Treason so twelve of the old Bishops were hurried to the Tower but some of the knowingest Lawyers being considered withall whether this was Treason in the Bishops or no they answered that it might be called Adultery as much as Treason so after many moneths imprisonment the charge of Treason being declin'd against them they were releas'd in the morning but coop'd up again in the afternoon then they were restored to a conditional liberty touching their persons but to be eternalâ—y excluded out of the house which made one of them in a kind of Prophetick way to tell one of the Temporalâ—Peers my Lord you see how we are voted out of the House and the next turn will be yours which proved true Polyander I remember when I was at York a Gentleman shewed me a fair old manuscript of some things passed in Henry the eighths time and one passage among the rest sticks in my memory how Cardinal Wolsey being sick at Leicâ—ster the King sent Sir Joâ—n Kingston to comfort him to whom he answered Oh! Sir John 't is too late to receive any earthly comfort but remember my most humble allegeance to the King and tell him this story from a dying man The Bohemians repining at the Hierarchy of the Church put down Bishops but what followed then the Comunalty insulted over the Nobility and afterwards the King himself was depoâ—â—d so the government grew a while to be meerly popular but then it turned from a Successive to be an Elective Kingdom This said he will be the fate of Eng. unless the King bear up the reverence â—ue to the Church and so I pray God that his Majesty may find more mercy at the tribunal of Heaven then I have upon the Earth But pray Sir be pleas'd to proceed Philanglus The Parliament having the Navy at their disposing which they found to be in a good equipage gramercy Ship money and having chosen the Earl of Warwick Commander in Chief notwithstanding the King excepted against him They demand all the Land Souldiers and Military strength of the Kingdom to be managed by them and to be put in what posture and under what Commanders they pleased But the King answered that he would consider of this and it was the first thing that he ever denied them yet at last he was contented to grant them this also for a limitted time but that would not serve the turn Hereupon growing sensible how they inched every day more and more upon the Royal Preroâ—ative He thought 't was high time for him to look to himself And intending with some of his menial servants onely to go to Hull to see a Magazin of ammunition which he had bought with his own treasure he was in a hostile manner kept out the Gates shut Cannons mounted Pistols cocked and levelled at him and there the Kings party said the war first began Polyander A hard destiny it was for a King to lose the love of his subjects in that manner and to fall a clashing with his great Council but under favour that demand of the Militia was somewhat too high for every natural Prince and supream Governour hath an inherent and inalienable right in the common strength of the Country for though the peoples love be a good Cittadel yet there must be a concurrence of some outward visible force besides which no Earthly power may dispose of without his command and for him to transmit this power to any other specially to any that he mistrusts is the onely way to render him inglorious unsafe and despicable both at home and abroad you know in the Fable when the Lion parted with his paws and the Eagle with her talons how contemptible the one grew among all beasts and the other among birds The Scepter and the Crown are but bables without a sword to support them There 's none so simple as to think ther 's meant hereby an ordinary single sword such as every one carrieth at his side no t is the publique Polemical sword of the whole Kingdom 't is an aggregative compound sword and 't is moulded of Bellmettle for 't is made up of all the Ammunition and Arms small and great of all the Military strength both by Land and Sea of all the Forts Castles and tenable places within and without the whole Country The Kings of England have had this sword by vertue of their Royal Signory as the Law faith from all times the Prerogative hath girded it to their sides they have employed it for repelling of forraign force for revenging of all National wrongs or affronts for quelling all intestine tumults The people were never capable of this sword the sundamental constitutions of this Land deny 〈◊〉 them 'T is all one to put a sword in a mad mans hand as in the peoples Now under favor the Supream Governor cannot transfer this sword to any other for that were to desert the protection of his people which is point blank against his oath and office but I crave your pardon again that I have detained you so long from the pursuit of your former discourse Philanglus The King being so shut out of one Town I mean Kingston upon Hull he might suspect that an attempt might be made to shut him in within some other Therefore be made a motion to the York-shire Gentlemen to have a guard for the
certain arduous and urgent affairs concerning us the State and defence of our Kingdom of England and the Anglican Church We have ordained a certain Parliament of ours to be held at our City of the day of next ensuing and there to have conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at the next County Court after the receit of this our Writ to be holden the day and place afore said you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizen of every Borough two Burgesses of the discreetâ—r and most sufficient to be freely and indifferâ—ntly chosen by them who shal be present aâ— such Proclamation according to the tenor of the Staâ—utes in that case made and provided And the â—ames of the said Knights Citizens and Burâ—esses so chosen to be inserted in certain Inâ—entures to be then made between you and those â—hat shall be present at such election whether the parties so elected be present or absent and shall make them to come at the said day and place so that the said Knights for themselves and for the County aâ—oresâ—id and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Borâ—ughs may have severally from theâ—â— full and sufficients power to do and to consent to those things which then by the favor of God shal there happen to be ordain'd by the Common Council of our said Kingdom concerning the business aforesaid so that the business may nâ—t by any meanâ—â—â—main undoâ— for want of such power or by reason of the improvident election of the aforesaid Knights Citizens and Burgesses But we wilâ— not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the saiâ— Election being made in a full County Court You shall certifie without delay to us in our Chancery under your Seal and the Seals of them which shall be present at that Election sâ—nding back unto us the other part of the Indenture aforesaid affiled to these presents together with the Writ Witnesse our self at Westminster This Commission or Writ is the foundation whereon the whole Fabrick oâ— the power and duty of both Houses oâ— Parliament is grounded The first Hourâ— is to parly or have conference and to treat with the King the other house is onely to do and consent unto what the other shall ordain by their help and conference so that by this Writ we do not find that the Commons are called to be any part of the great Council of the Kingdom or of the Supream Court of Judicature much less to have any share in the Legislative power or to consult de arduis regni negotiis of the difficult businesses of the Kingdom but onely to consent and Sir Edward Cook to â—rove the Clergy hath no voice in Parliament useth this argument that in their Writ also the words are to come thither adâ—onsentiendum to consent to such things as â—ere ordained by the Common Council of the â—ingdom but the other word ad facienâ—um to do is not in their Writ action being â—ot so proper for them in regard of their â—lerical functions Polyander Then it may be well inferred from what â—ou have produced that the King with the â—elates and Peers is properly the Common â—ouncil of the Kingdom Philanglus Yes without controversie nor until the raign of Henry the first were the Commons called to the Parliament at all or had as much as a consent in the making of Laws Camden in his Britannia teacheth us that in the times of the Saxon Kings and the ensuing ages that the great or Common Council of the land was Praesentia Regiâ— Praelatorum procerumque collectorum the presence of the King with his Prelates and Peers Selden also tells out of an old Cronicle of the Church of Liechfield that Kinâ—Edward by the advice of his Council of Baronâ— revived a Law which hath lain dormaâ— threescore and seven years in the samâ— Chronicle tis said that William the Coâ—â—querer held a Council of his Barons An. 〈◊〉 Regni sui apud Londinias The next yeâ—â— after he had a Council of Earles and Baroâ—â— at Pinendâ—n Heath to decide the great coâ—troversie 'twixt Lanfraâ—t Arch-Bishop 〈◊〉 Canterbury and Odo Earl of Kent In the 21. of Eaward the third there 〈◊〉 mention made of a Parliament held 5. 〈◊〉 questoris wherein all the Bishops of 〈◊〉 land Earâ—s and Barons made an Ordinaâ—â—â— touching the Exception of the Abby of 〈◊〉 from the Bishops of Norwich In the second year of William 〈…〉 there is mention made of a Parliament 〈…〉 cunctis Regni principibus In the 〈…〉 of his raign there was another Parliament at Rockingham Castle Episcopis Abbatibus cunctisque Regni principibus coeuntibus wherin the Prelates Abbots and all the chiefe men convened in Council At the Coronation of Henry the first all the people of England were called and Laws were then made but it was as the story saith per Commune Concilium Baronum In the third year the tenth year and the twenty third year of his reign the same King held a Parliament or great Council of his Barons spiritual and temporal Henry the second in his tenth year had a Parliament at Clarindon consisting of Lords spiritual and secular in his twenty second year he had another at Notingham and a while after another at Winsor then another at Northampton wherein there is mention made onely of Prelates and Peers Richard the first after him held a Parliament at Notingham in his fifth year consisting of Bishops Earles and Barons which lasted but four days during which time there were mighty things transacted Hugh Bardelf was deprived of the Castle and Sheriffswick of York the first day the second day he had judgement against his brother Johu who was afterward King the third day there was granted the King two shilling of every plowd land in England he required also the third part of the service of every Knights fee for his attendance to Normandy and all the Wool of the Cistercian Monks The fourth day was for hearing of grievances so the Parliament broke up but the same year he convokeâ— another Parliament of Nobles at Northampton King John in his first year summoned 〈◊〉 Magnates his great men to a Parliament aâ—Winchester and the words of the Roll 〈◊〉 Commune Concilium Baronum Meorum the Common Council of my Barons at Winchester In the sixth year of Henry the third the Nobles granted the King for every Knight fee two marks in silver at a Convention iâ— Parliament he had afterwards Parliaments at London Westminster Merton Winchester and Marlborough Now these Precedents shew that from the conqust untâ—â— a great part of the reign of Henry the thirâ— in whose dayes 't is thought the Writ 〈◊〉 election of
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
returned without the prisoner This being related to the House of Commons they would sit no longer without their Member and desiring a conference with the Lords Sir Thomas Aâ—dly then Chancellour and the rest judged the contempt to be very great and referred 〈◊〉 punishment thereof to the House of Commons it selfe Concerning liberty or freedome of speech which is held another privilege of Parliament There is a speech of Sir Thomâ—â— Moors upon record who being chosen Speaker 14. Henry the eight He first disabled himself and then petitioned the King in the behalf of the House that if iâ— communication and reasoning any maâ—â— should speak more largely then of duty be ought to do all such offences should be pardoned which was granted and entreâ— upon record In which petition it is observable that liberty or freedom of speech is not a power for men to speak whaâ— they will or please in Parliament It is â— priviledge onely not to be punished but pardoned for the offence of speaking more largely then in duty they ought to do which in a right construction must be understood of rash unadvised ignorant or negligent escapes and slips in speech not for willfull malicious much lesse for treasonable speeches And then the Kings pardon was desired to be upon record that it might be pleaded at Bar to all actions There is a speech upon record in Queen Elizabeths time wherein the Commons were warn'd not to meddle with the Queens Person the State or Church-Government Polyander I have heard of divers traverses that hapned in the reign of that popular and long lived Queen which trenched as much if not more upon the priviledges of Parliament and the liberties of the people then any that happen'd in the reign of the two last Kings Philanglus It is very true and I will give you some instances drawn from good authentick records 23. Elizabeth Mr. Paul Wentworth moved in the House for a publick fast and for a Sermon every morning at seven a clock before the House sate the House hereupon was divided 100 were against it and 150 for it and so an order passed accordingly The Queen being told hereof sent a message to the House by her Vice-chamberlain That her Highnesse had great admirâ—â—tion of the rashnesse of the House in commitâ—ing such an apparent contempt of her expresse command as to put in execution such an innovation without her privity or pleasure fist known Thereupon Mr. Vice-chamberlain moved the House to make an humble submission to her Majesâ—y acknowledging the said offence and contempt and to crave remission for the same withâ—â—full purpose to forbear the committing of the like hereafter So by the suffrage of the whole House Mr. Vice-chamberlain carryed their submission to the Queen accordingly 35 Elizabeth Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition to the Lord Keeper desiring the Lords of the Upper House to be suppliants with them of the Lower House unto her Majesty for entayling the succession of the Crown whereof a Bill was ready drawn The Queen was highly displeased herewith and charged her Councel to call the parties before them so Sir Thomas Henage was sent to fetch them so they were first commanded to forbear going to the House and not to go out of their several lodgings afterward they were called before the Lord Tresurer Lord Buckhurst and Sir Thomas Henage Wentworth was committed to the Tower and Bromeley to the Fleet together with Mr. Stevens as also Mr. Welch Knight for Worcestershire The Queen sent a notable check to the House of Commons 28. of her raign for chosing and returning Knights of the Shire for Norfolk a thing impertinent for the House to deal withall and belonging only to the Office and charge of her Chancellor from whom the Writs issue and are return'd In one Parliament when Mr. Coke afterwards Sir Edward Coke was Speaker the Queen sent a Messenger or Sargeant at Arms into the House of Commons and took out Mr. Morris and committed him to Prison with divers others for some speeches spoken in the House Thereupon Mr. Wroth moved the House that they would be humble sutors to her Majesty that she would be pleased to enlarge those members of the House that were restrain'd which was done accordingly and answer was sent by her Privy Councel That her Majesty had committed them for causes best known to her self and to presse her Highuesse with this suit would but hinder the whole good they sought That the House must not call the Queen to an account for what shee doth of her Royal Authority That the causes for which they are restrain'd may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into matters of that nature The Commons were told 39. Elizabeth that their priviledge was yea and no And that her Majesties pleasure was that if the Speaker perceived any idle heads which would not stick to hazard their own estates but meddle with reforming the Church and trans forming the Common-weal by exhibiting Bills to that purpose the Speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things and can better judge of them Moreover the Queen rejected 48. Bills which had passed both Houses in that Parliament The House of Commons by their Speaker 39. Elizabeth complained of some Monopolies whereupon the Lord Keeper made answer in her Majesties name That her Highnesse hoped her dutiful and loving Subjects would not take away her Prerogative which is the chiefest flower in her Garland the principall and hâ—ad Pearl in her Crown and Diadem but that they will rather leave that to her own disposition Sergeant Heal said 43. Elizabeth publiquely in Parliament that he marvelled the House stood either at the granting of a subsidy or time of payment considering that all we have is her Majesties and she may lawfully at her pleasure take it from us in regard she had as much right to all our lands and goods as to any revenew of the Crown and he said he could prove it by precedents in the raign of Henry the third King John and King Steven This speech agrees with that which Sir Edward Coke hath in his Institutes where he saith positively That the first Kings of this Realm had all the Lands of England in Demesne and the great Mannors and Royalties they reserved to themselves and enfeoffed the Barons of the remnant for the common defence of the Kingdom There was a remarkable passage happen'd in the raign of Henry the fourth The House of Commons Petitioned the King that they might have advice and communication with certain Lords about matteâ—â— of businesse in Parliament for the commoâ— good of the Kingdom which prayer as the record hath it Our Lord the King graciously granted but with this protestation That he did it not of duty nor of custom but of his special grace So our Lord the King
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
propound unto you that some sit persons may bâ—e by you inabled to treat with the like number to be authorized by us in sâ—ch a manner and with such freedoâ—e of dâ—bate as may best tend to that happy coâ—clusion which â—ll good people desire viz. The Peace of the Kingdom wherein as we promise in the 〈◊〉 of a King all saâ—ety and â—ncouragement to them who shall be sent unto uâ— if ye wâ—ll chuse the place we are to meet for the TREATY which we wholly leâ—ve unto you presuming the like care of the safety of those wee shall employ if you shall name another place So we assure you and all our good Subjects that to the best of our understanding nothing shall be wanting on our pâ—rt which may advance the true Reformed Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well our just Prerogative as the propriety and liberty of the Subject confirm all just power and priviledges of Parl and render us a people truly happy by a true understanding 'twixt us and our great Council bring with you as firm a resolution to do your duty and let our people join with us in prayer to Almighty God for his blessing upon this work If this Proposition be rejected by you wâ—e have done our duty so amply that God will absolve us from the guilt of any of that blood which shall be spilt And whatsoever opinion other men may hâ—ve of our power we assure you that nothing but our pious and Christian care to prevent the effusion of bloud hath begot this motion in us Our provisioâ— of men Armies and Money being such as may secure us from violence till it please God â—o open the Eyes of our people Polyâ—ndâ—r What impression did thiâ— Letter make for it promis'd much Philanglus It made little or none at all though it was all written with the Kings own hand for the Parliament was formerly nettled at a Declaration he had sent when having made â— motion to go himselfe in person to suppress the Irish Rebels which attempt the Scots approved of and highly applauded but being not liked by the English Parliament he replied unto them to this effect When we recommended the reductâ—on of Ireland to you we intended not to exclude our Self or not to be concernd in your Councils but that if there were any expedient which in our Conscience and understanding we thought necessary for that great work we might put it in practise We look upon you as our great Council whose advice we always have and will with great regard and deliberation weigh and consider of but we look upon our Self as neither depriv'd of our understanding or devested of any right we had were there no Parliament at all sitting We call'd you together by our our own Royal Writ and authority without which you could not have met to give us faithful Counsel about our great affairs but we resigned not hereby our interest and freedom we never subjected our Self to your absolute determination we have alwayes weighed your Counsel as from a body intrusted by us and when we have dissented from you we have returned you the reasons which had prevailed with ouâ— understanding and conscience and with such candor that a Prince should use towards his Subjects and with that affection a Father should express to his Children What applications have been used to rectifie our understanding by reasons and what motives have been given by you to perswade our affections we leave the world to judge Moreover we must not forget to tell you however a major part may blind you in matter of opinion We hold our selfe and we are sure the Laws and constitutions of the Kingdom hath always held the same as free to dissent till our reason be convinced for the general good as if you delivered no opinion When we summoned you first together we did not intend to put the reins of all Rule and Reason into your hands and by a kind of blind bruitish formality and unprincely simpleness to assent to every thing without examining our own Conscience and judgement which yet never pleased us more then when they concurr'd with yours This were to bring us back to a nonage now that we are come long since to the perfect growth of discretion you must not think to take from us the Mastery and use of our innated reason and the dictates of our own conscience or that we will raise a Tempest at home within our brest to calm a storm abroad In fine we called you together to propound not to give Law to be our Counsellors not our Controllers for Counsel degenerates from the nature of Counsel wâ—en t is coercive Nor shall we ever enfeeble our regal power or suffer it to be invaded so far as to give way that any Ordinance or Omnipotency of Votes shall be able to suspend an Act already in force without our assent To conclude as we firmly resolve to make the Law the measure of our actions so we expect it should be also the Rule of your obedience and deliberations and that the result of all your Counsels be derived from it Polyander This was home and high but what answer did the Parliament make to the former letter from Notingham Philanglus The noble Personages who carried that Letter were looked upon with an ill aspect by the Parliament yet an answer was returned containing this proposal That the King woâ—ld revoke and annul in the first place those Proclamations and oâ—her publique instruments whereby their Adherents were declared Traytors uâ—der which notion 't was neither honourable for his Maâ—esty to tâ—eat with them nor were they capable to treat with Him Polyander This Doctrine I believe they had learnt of the Scot but what did the King reply Philanglus He sent word that he was willing so to do provided that the Parliament would recal likewise their Votes Orders or Ordinances passed against such whom they declared Delinquents for adhering to the King according to the clear known Law of the Land in the reign of Hen. 7. which was that nâ—ne should be molested or questioned for adhering unto or assisting the Royal person of the King This the King desir'd by way of reciprocal correspondence but it being denied those overtures for a Treaty came to nothing so the Parliaments Army begin to advance and the Kings did daily increase Thereupon the Lords that were about the person of the King whereof there were above threescore made this publick Manifesto WE do ingage our selves not to obey any Orders or Commands whatsoever that are not warranted by the known Laws of the Land We ingage our selves and fortunes to defend your Majesties Person Crown and Dignity with your just and legal Prerogatives against all persons and power whatsoever We will defend the Religion established by the Law of the Land the lawfull Liberties of the Subjects of England with the just priviledges of your Majesty and the
Parliament And we ingage our selves further not to obey any Rules Order or Ordinance whatsoever concerning any Militia that hath not the Royall Assent To this was subjoined another We whose naâ—es are under written in obedience to his Majesties desire and ouâ— of the duty we ow to his honour and to truth being here on the place and witnesses of his Majesties frequent and earnest Declarations and Professions of his abhorring all designs of making war upon the Parliament And not finding any Councels that might reasonably beget the belief of any such design We do promise before God and testifie to all the World that we are fully perswaded his Majesty hath no such intention but that all his indeavours tend to the â—â—rm and constant settlement of the true Religion and the just priviledges of Parliament the Libâ—rty of the Subject with the Laws Peace and Prosperity of this Kingdom But all this would not serve the turn for neither Parliament nor people would give credit to any thing that drop'd from King or Peers specially the City of London where the Presbyterians played their parts notably by inciting the people to a War for preventing the introduction of Slavery and Supâ—rstition so unusual voluntary collections were made both in Town and Country the Seamstress brought in her silver thimble the Chamber-maid her Bodkin the Cook his silver spoon the Vintner his Bowl into the common Treasury of War and they who contributed to so pious a work were invited more then others in some Churches to come to the Holy Communion in the very time of administration And observed it was that some sorts of Females were freest in those contributions as far as to part with their Rings and earings as if some Golden Calf were to be molten and set up to be idolized which prov'd true for the Covenant a little after was set up which may be said to have been a kind of Idol as I shall make it appear hereafter Thus a fierce funestous civil War was a fomenting in the very bowels of England which broke out into many storms and showers of blood The fatal Cloud wherein this storm lay long ingendring though when it began to condense first it appeared but as big as a hand yet by degrees it did spread to such a vast expansion that it diffused it self through the whole Region and obscur'd that fair face of Heaven which was used to shine upon this part of the Hemisphere The King fell to work then in good earnest and made choice of the Earl of Linzey for General of the Infantry which choice was generally cried up of all Prince Rupert was made General of the Horse but that election did not find such an applause The first incounter that Prince Rupert had with his Godfather the Earl of Essex was near Worcester where he defeated some of the flower of the Parliaments horse The King having remov'd from Nottingham to Derby and so to Strafford his forces increas'd all along but passing by Chartly the Earl of Essex house the Souldiers hop'd to have had some plunder there but a strict command was given by the Kings own mouth that nothing should be touch'd not as much as a Buck whereat their teeth 〈◊〉 water as they march'd through his Park So he came to Shrewsbury where the Coâ— kept above a month at which time the Army multipâ—i'd exceedingly to neer upon â—o Mâ— men and the Welchmen coming so thicâ— down the Mountains did much animate thâ—English From Shrewsbury the King took a resoâ—â—tion to remove to Oxford but after seveâ—â— daiâ—s tiresome march hee understood the Parliaments Army were within six mile of him so he went out so far to find theâ— out and fac'd them on a Sunday morninâ— from Edgâ— Hil as they lay in Kinton fieldâ— where their Colours were displayed A sight of the Royal Army they discharge some peeces of Ordnance in Defiance so both Parties prepared for Battel aâ—â— the Sun had declined above two hours the afternoon before the Cannons aâ— Kings Infantry could get into the bottom Being put there in a fighting posture and having the wind favourable the King gave command to let fly the Cannons to begin Battail Thus a most furious Engagement began which lasted about three houres till night parted them and some old French and German Commanders who were there employed in the Royal Army reported afterwards they never saw such a manful fight in all their lives Prince Rupert springing ore a low hedge lind thick with the enemies Musqueteers pursued their Horse very far and did notable execution upon them all the way and had he not worried them so far and deserted the Infantry or had not his German Souldiers fallen a plundring too soon matters might have gone better with the King Polyander I heard it reported that this Battail was fought just the same day twelve month that the Rebellion and Massacre began in Ireland It was so being the 23. of October a day fatal for blood Now though this Battail of Edg-Hill may be said to be sudden inexpected and unpitched yet for position of ground 't was fought in as indifferent and a fit place for a battail as possibly could be lighted upon for the Combatants had scope enough to fight and the Spectators whereof there were multitudes upon the rising adjacent grounds might behold all as plainly as a Tragedy acted upon a Stage or Cock fighting in a Pit The Parliaments Army had the advantage of the Kings in point of Infantry who were very good Fire-locks most of them having been trained up in London and so left their Wares to follow the Wars They had also the advantage of the King in point of Arms for scarce three parts of four were Armed in his Army But for Cavalry the Royalists had the greater advantage for the flower of most of the English Gentry was there in so much that the life-Guard of the Kings was computed to above one hundred thousand pounds sterling of yearly Revenue About the evening of the day following both parties retired from the field the Parliaments back towards Northampton the Kings to their former road towards Oxford and in the way they took Banbury where there was a strong Garison for the Parliament which sure as the Cavaliers gave out the Earl of Essex had preserved had he been then Master of the field After this battail of Edge-Hill there happened diverse other traverses of war 'twixt King and Parliament for about four years in which revolution of time there were more skirmiges and battails fought then happened in those last thirty years wars of Germany or fourscore years wars 'twixt Spain and Holland Polyander This shews that the English have still the same old innated valour that they had when they made the gray Goose wing fly through the heart of France which made Comines one of their greatest Authors to confeâ—s that no Nation is more greedy of battail and more impatient of delayes that way then the English
but how was it possible for the King to subsist so long considering the mighty advantages the Parliament had of him Philanglus There were mighty advantages indeed For they had all the tenable places and Towns of strength both by Land and Sea They had all the Navy Royal They had the Tower of London with all the Ammunition and Arms of the Crown They had the Imposts and Customs Poundage and Tonnage they had the Exchequer at their devotion with the Revenues of King Queen and Prince They had the City of London which may be called the great Magazin of men and money where there is a ready supply of all things that may feed cloath or make them gay and gallant to put them in heart and resolution Polyander Then they had Sea City and Scot on their side But how came the Scot to be so against the King or to levy Armes without his Commission considering the late great Protestations and Oaths they had made not to do it by reviving the Act of Parliament to that effect which they said they did in recognition of those Royal recent favours and unparalleld mighty Concessions and Acts of grace which he had done them by their own Confessions Philanglus They were indeed mighty or rather monstrous Acts of grace that he had passed unto them which did so trench upon the Royal Prerogative and so deâ—ude him of all power that it mought have been said of him ever after that he was King of Scotland no otherwise then he was King of France titular only Polyander How did the Scots expresse their thankfulnesse to their King and Country-man afterwards for such transcedant favours Philanglus They proved the greatest Monsters of Ingratitude of any upon earth specially the Kirk-men whom he had obliged in an extraordinary manner For the King being informed of the mean condition of Church-men in that Kingdom who by their holy function have a care of the noblest part of man and being told what poor pittances or rather benevolences oneâ—y they had and for those also how they depended upon the will and pleasure of the Laic By a special Commission to that purpose he found a way not onely to augment but to ascertain those Salaries of Church Ministers upon good firm rent whereby they might be free from that servile kind of Clientele and Dependency they had upon their secular Patrons Polyander Questionlesse this was a mighty general advantage to the Clergy of Scotland both in point of esteem and subsistence but what returns did these royal favours receive Philanglus Those foolish Kirk men grew afterwards his greatest enemies by virulent seditious Preachments and Pasquils to corrupt and lessen the hearts of the Subjects towards him nay when he made himself a Prisoner to the Scots Army at Newark and Newcastle those Kirk-men did so little resent his hard condition that they did Preach up and down against his comming to Scotland c. Moreover Whereas The common sort of Freeholders who were bound to pay Tithes to the Impropriation or Lords of the Erection as they stil'd themselves were us'd to be much incommoded and oftentimes damnified because they could not take in their Corn till the secular Lord had fetched away his Tithe which he would sometimes delay of purpose to shew his Passion or Power whereby the whole Crop for not taking the advantage of the weather oft-times did suffer The King for relief of the Country Husbandman appointed certain Commissioners to take this grievance into consideration who after much pains taken in the businesse found out a legal and indifferent way to purchase those Tithes and bring the Impropriator to take a pecuniary set valuable Rent which was also an advantage to Him in regard of the certainty of it Polyander It was doubtlesse an advantage to both parties but how did they carry themselves towards the King afterwards Philanglus Just as the Kirk-men did But you shall hear more when the King as I told you before had in a full Parliament confirm'd unto the Scot all the priviledges of Kirk and Kingdom when he had made an oblation to them of all the Bishops Lands conferred many honours and offices and done them many other obliging Acts of Grace and all this gratis the English Parliaments using alwaies to answer their Kings favours in this kind with a supply of Treasure I say in having done all this gratis He before his departure desired them to continue their allegiance and live in peace for they had not now the least grievance to complain of and if any difference should fall out betwixt him and his English Subjects which he hoped God would avert He desir'd them not to intermeddle for whereas he might expect and demand aid of them if the case requir'd yet he would not trouble the repose of that his Native Countrey This they all did not onely promise to do but they did solemnly oblige their Souls thereunto by revival of the Act I told you of before at the publishing whereof one of their Grandees fell on his knees and lifting up both his Arms wish'd they might rot to his body before death if ever he would heave them up hereafter or draw sword against his gid King yet for all this they intruded themselves into the Kings affairs convok'd a Parliament without his summons sent Commissioners to Oxford and thrust themselves to be Vmpires They made besides a strict League with the English Parliament and at last rush'd into England again with an Army in the dead of Winter which Army they had levied not onely without but expresly against the Kings Commission and Countermands that wretch who had publickly vowed never to draw Sword again without his Majesties Commission c. comming General of the said Army But for Martial exploits the little credit that Army got by storming Newcastle was not countervailable to that which they lost before Hereford where the Welchmen bang'd them to some purpose from before the Town and made their General after 9 weeks siege to trusse up his pack and away sending him a fat Sow with a Litter of Piggs after her and a blew Bonnet upon her head for his Breakfast I must inform you farther that the King being reduced to much extremity in Oxford by crosse successes and Councils he got away in a Serving-mans disguise to the Scots Army neer Newark as his last refuge which plot was managed by the subtilety of the French Agent then residing here A man would have thought that Nation would have deemed it an eternal honour to have their own King and Country man to throw himselfe thus into their Armes and repose so singular a confidence in them upon such an exigent But they corresponded not with him as he expacted For though at first when the English Parliament sollicited their Dear Brethren for a delivery of the Kings Person unto them their note was then that if any stranger Prince had put himselfe so upon them they could not with honour deliver him
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